February 2023 eNewsletter Issue no. 78
Larry Millete Murder Case:
Fox 5 Turns to David Shapiro for Answers
Most news watchers, particularly in San Diego, are aware that Larry Millete was arrested and charged for the alleged murder of his wife, Maya. As they have so often in the past, local news reporters sought out the opinion and views of our Firm's attorneys to explain the case to their viewers.

As our Owner & Managing Partner David P. Shapiro stated during an in-studio appearance on Fox 5 San Diego the morning of January 26, what makes the case so interesting is that while Larry Millete stands accused of murder, the body of his wife, the alleged victim, has never been found. A preliminary hearing was held in late January, the purpose of which was to establish whether there was probable cause to believe Maya Millete was, in fact, murdered, and that the defendant – her husband – was the one responsible for it. Not surprisingly, due at least in part to the very low burden of proof required for last month’s hearing, the prosecution was successful at getting the case past the preliminary hearing, which means that Larry Millete can now stand trial for murder.

The first question for David from the newscasters had to do with the fact that the preliminary hearing in the case took 10 days, which David noted is far longer than in most cases. The reason for this, David told the TV audience, was that the prosecution, not having recovered the alleged victim’s body as evidence, had to establish that Maya would not have simply voluntarily disappeared, and then to focus on all the reasons why her husband was the likely cause of her disappearance. Another topic discussed during David's interview included the possible length of the actual trial – likely as long as at least a full month, not including jury selection. The discussion was wide-ranging, and David opined on how Larry Millete may view his defense team moving forward, the amount of circumstantial evidence that may be presented, and other related matters. Trial is currently scheduled to begin in September.

Be sure to check out the Firm’s social media pages and “In the News” section of our website to see more of our commentary about this fascinating case, past, present, and future.
The Loss and Restoration of Gun Rights
In this video, Associate Attorney Elmira Yousufi discusses the issue of how a criminal conviction can affect your gun rights – that is, your ability legally to own and possess a firearm. Although the overall issue of loss and restoration of gun rights can be somewhat complex, Elmira breaks the issues down to the point where they are much easier to understand.

Elmira notes, initially, that in California, the basic rule is that a felony conviction will lead to a lifetime ban on your gun rights. On the other hand, Elmira explains that if you can have the felony reduced to a misdemeanor, that may lead to a restoration of those rights. Of course, the situation is not always as simple as whether a conviction is for a felony or a misdemeanor. In that regard, Elmira also notes that there are dozens of misdemeanor convictions that could lead to a 10-year ban on your gun rights, and a handful that could result in a lifetime ban. Finally, there is the interplay between federal and state law. Elmira explains that where there is a conflict between the two – for example, California law might call for a 10-year ban, but federal law requires a lifetime ban – federal law controls, and a lifetime ban would apply.

If you have questions about restoring or protecting your gun rights, contact a locally experienced, quality criminal defense firm to know your rights and protect your future. We are just one phone call away and can be reached at 619-295-3555.
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San Diego, CA 92103
Phone: 619-295-3555
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This newsletter is for meant for informational and marketing purposes only, and should not be relied on as legal advice. Viewing and/or use of the newsletter, including sending email or submission of forms, does not create or constitute an attorney-client relationship. Any endorsement, testimonial or other statement contained in or referred to in this newsletter is not a guarantee, a warranty or a prediction of a particular result in your case. Our attorneys are active members of the State Bar of California and are admitted to practice law in any and all California state courts and in the Southern District of California federal courts.