Ok I am trying to find out about the sentencing for possession of firearms that violates probation. I have heard that there is a mandatory 5 year sentence....I am not sure if it is a state or federal offense. The probation is in Michigan but the other charges were federal and this conviction was part of the federal case. Have you heard if there is a mandatory sentence or do you have any idea what a sentence for this would be?

If it is federal and you have a credit card, you can go to a Federal Courts Administration/PACER site to see what the actual sentence was. I'm not sure whether you are asking about potential exposure or a case that is already resolved. Without knowing whether the case is federal or Michigan state, you can't get to a reliable answer.

There is definitely a mandatory 5 sentence for a gun charge if it is coupled with a drug sentence. But, there are a number of ways guns can be charged besides that.

Just because the probationary term is served in Michigan doesn't exclude the fact that it is federal. Picking up any new charge will result in a new sentence and a revisit of any open cases for potential additional time. Generally, the old time and the new time will added together and it will be up to the sentencing judge to decide if it is concurrent or consecutive. Generally, but don't quote me on this, the time on the old case is reinstated and the new case time is added on top of the old. They come down hard on re-arrests since they figure the person got a break the first time.

If you can get more facts including the actual references for the charges, then it will be easier to look at potential punishments. I think you are asking about potential exposure at sentencing rather than a sentencing that has already happened, is that right?

To look up old cases, you need to know the district that the offenses took place in. Then go to

http://pacer.psc.uscourts.gov

and register. YOu can download or copy the information. In most jurisdictions you can now get copies of pleadings, memos etc. This costs $.08 a page, but if it was a multi-client case you can look only at the person you are interested in.

You can also go the http//:ussc.gov and check out the sentencing manual. you need to know the charge, but all the computations for sentencing are hidden in this massive system.

When you find out more facts, repost. Brenda

Thanks for the info, i looked into it and it looks like the probation was in michigan. There were never any drugs or violence in either of the cases, mail fraud and tax evasion. I looked everything up and it seems like its all really going to depend on the judge, i will let you know on tuesday how it goes. thanks again.

If it is federal and you have a credit card, you can go to a Federal Courts Administration/PACER site to see what the actual sentence was. I'm not sure whether you are asking about potential exposure or a case that is already resolved. Without knowing whether the case is federal or Michigan state, you can't get to a reliable answer.

There is definitely a mandatory 5 sentence for a gun charge if it is coupled with a drug sentence. But, there are a number of ways guns can be charged besides that.

Just because the probationary term is served in Michigan doesn't exclude the fact that it is federal. Picking up any new charge will result in a new sentence and a revisit of any open cases for potential additional time. Generally, the old time and the new time will added together and it will be up to the sentencing judge to decide if it is concurrent or consecutive. Generally, but don't quote me on this, the time on the old case is reinstated and the new case time is added on top of the old. They come down hard on re-arrests since they figure the person got a break the first time.

If you can get more facts including the actual references for the charges, then it will be easier to look at potential punishments. I think you are asking about potential exposure at sentencing rather than a sentencing that has already happened, is that right?

To look up old cases, you need to know the district that the offenses took place in. Then go to

http://pacer.psc.uscourts.gov (http://pacer.psc.uscourts.gov/)

and register. YOu can download or copy the information. In most jurisdictions you can now get copies of pleadings, memos etc. This costs $.08 a page, but if it was a multi-client case you can look only at the person you are interested in.

You can also go the http//:ussc.gov and check out the sentencing manual. you need to know the charge, but all the computations for sentencing are hidden in this massive system.

When you find out more facts, repost. Brenda

My got charged for the same thing and it was min. 3 yrs max. 10