Long Beach, PC 29800, Bail Reduced from $75,000 to $30,000

In May, 2024, our client, age 23, had just returned to Wilmington from a part time job in Las Vegas.  He was happy to be back and hanging out with a few friends.

Unfortunately, most of his friends were members of the East Side Wilmas and on this particular evening, he wore a red baseball cap.  Red was the primary color of the East Side Wilmas.

Our client drove down Anaheim Street and then turned north onto Eubank Avenue, only to make a U-turn and head back down toward Anaheim.  Eubank Avenue becomes George De La Torre Avenue south of Anaheim.  The area is industrial in nature, not residential.

It was about 11:30 p.m. and Tuesday evening.  A Los Angeles Police Department Harbor Division Gang Enforcement Detail was patrolling the area in a marked police vehicle painted black and white.  The area is known to be an area influenced by the East Side Wilmas criminal street gang, as well as the West Side Wilmas, Varrio Harbor City (also called the Harbor City Crips), Varrio 204th Street, Eastside Torrance, Dodge City Crips and Rancho San Pedro criminal street gangs.  It is not smart to be there at 11:30 p.m. unless you want trouble.

The LAPD officers patrolling the area saw our client in a black Honda Accord with tinted windows and expired vehicle registration, stopped in the crosswalk that crosses Eubank Avenue for one walking west to east, or vis versa, along Anaheim Street.  Our client was wearing a red baseball cap associated with East Side Wilmas.

The police vehicle positioned itself behind our client’s car and turned on its overhead blue and red flashing lights.  It also sounded the police car’s siren.

Instead of pulling over, however, our client hit the gas and accelerated away, but quickly then pulled over.  

Officers then detained both our client and his passenger.  After detaining them, the officers looked into the Accord, allegedly seeing a small pistol in plain view in the driver’s side door pocket.  The gun was loaded.  

Our client’s rap sheet was then reviewed by the officers and they saw he had a prior felony conviction from 2020 for violating Penal Code § 25850(a), carrying a loaded firearm in public.  Therefore, he had just violated Penal Code § 29800(a)(1) by being a felon in possession of a firearm. 

Our client’s bail was set at $75,000, based on the 2022 Los Angeles County Bail Schedule of $35,000 for 29800(a)(1) and $40,000 more for being a gang member.  Our client could not post bail, so he stayed in jail.

His mom called Greg Hill & Associates and spoke with Greg about the charges facing her son and the bail amount.  Greg asked for details about where and when the gun was found.  For example, Greg wanted to know if it was found during an inventory search of the car or after the detention.  Greg also asked about the client’s criminal history and whether he had ever missed court before, which the mom said he had not.

Greg then discussed the recent United States Court of Appeals ruling from the Ninth Circuit in Pasadena in United States v. Steven Duarte, wherein the Ninth Circuit determined 18 U.S.C. § 922(g), being a felon in possession of a firearm, was found unconstitutional under the 2022 U.S. Supreme Court ruling of New York State Rifle and Pistol Association v. Bruen.  Greg explained that the Duarte ruling certainly could be applied to the client’s case to find it California Penal Code § 29800(a)(1) also was unconstitutional, although if the Duarte ruling was appealed (as was expected), it could not be cited while on appeal.

The client’s family then retained Greg Hill & Associates and our office substituted in as counsel for the client in Long Beach.  The Long Beach Public Defender’s Office filed a motion to dismiss the 29800(a)(1) charge, citing Duarte and Bruen, so Greg set a bail review hearing and a hearing on the motion to dismiss.

At the hearing on the motion to dismiss, the People filed an opposition, arguing the motion should be denied because the prior day, the U.S. Attorney’s Office had filed a request for en banc review of the ruling, meaning no one could cite to Duarte while such an appeal was pending.

As to bail, the judge asked Greg why bail was set at $75,000.  Greg knew how this was calculated, but the judge was only looking at the bail for a 29800 charge, which was $35,000.  Greg replied, “I was not present when bail was set,” which was true, but really did not answer the question from the judge. 

Neither the judge nor the prosecutor present recognized the gang membership bail enhancement, so the judge reduced bail to $30,000, as Greg requested.

The family was very happy with this ruling.