View Full Version : Does anyone know about charges of possession of firearm by a felon?


Vicki-STE
12-30-2008, 07:52 PM
Accused of possession of a firearm by a felon. They want to throw the bitch at him. They have offered him a 2 1/2 year "deal" If he accepts..is the habitual criminal automatically hooked on? What does that mean if he were to get in trouble again? Someone told him...he would get life for sure!
Also..he has a ? about parole being included in the deal..so if he has already served 8 months..minus 1 year parole..would he get out in a year? (with 10 days a month good time..I am thinking he could be home in 6 months!!??)
I appreciate any wisdom or advice

Mark2008
12-31-2008, 03:55 AM
Need more information before I can really say much.

Does he have prior felony convictions? Some are enhanceable, some not.

Is this a federal case or a state case? They are handled differently.

In some states, a person is eligible for a life sentence on their third conviction. (Some states restrict it to certain offenses, it really depends on the laws of that state.)

As for parole, again check the laws in your state. Some crimes require a person do to the full sentence, others 85 percent, others 65 percent,others less. It really depends on the offense and the state.

The one thing I can tell you for sure is that he will get credit for every day served prior to trial, between trial and arrival at prison, etc. Every day counts.

seansbabyluv
01-01-2009, 01:17 AM
Ok first of all Colorado has 4 bitches, little bitch, big bitch, bigger bitch and 3 strikes and you're out. I need to know exactly what felonies he currently has. Arapahoe County, Jefferson County and Denver County always threaten people with being bitched if they can be. Arapahoe actually files more habitual criminal cases than any other county in Colorado. Carol Chambers is a B**** herself. Essentially if he goes to trial and loses all they have to do to bitch him is prove that he's the person who has the felony convictions and it's pretty easy to do. The sentence for his current offense is enhanced by the habitual criminal statute. I know it's a lot of information, PM me if you need anything...been there done that.

Here's an overview of habitual sentencing in Colorado:

The "little habitual."
Offenders convicted of a class 1, 2, 3, 4, or 5 felony who, within ten years of the date of the commission of the offense, have twice previously been convicted of a felony in Colorado, another state, or in federal court are adjudicated habitual offenders under the little habitual statute. The sentencing court is required to sentence such offenders to a term of imprisonment which is three times the maximum of the presumptive range for the felony class for which the person is convicted. The General Assembly chose not to apply the little habitual to class 6 felonies.Sentencing under the little habitual statute is in Table 3.9

Sentencing Under the Little Habitual Statute

Class 1Felony Class 2 Felony Class 3 Felony Class 4 Felony Class 5 Felony Class 6Felony

Life to Death 8 to 24 years 4 to 12 years 2 to 6 years 1 to 3 years 1 year to 18 months

The "big habitual."

Offenders convicted of a fourth felony, regardless of the felony class, in Colorado, another state, or in federal court are adjudicated habitual offenders under the big habitual statute. The sentencing court is required to sentence such offenders to a term of imprisonment which is four times the maximum in the presumptive range for the class of felony for which the person is convicted. Sentencing under the big habitual statute is in Table 3.10.

Sentencing Under the Big Habitual Statute

Class 1 Felony Class 2 Felony Class 3 Felony Class 4 Felony Class 5 Felony Class 6 Felony

Life to Death 8 to 24 years 4 to 12 years 2 to 6 years 1 to 3 years 1 year to 18 months


The "bigger habitual." Any offender convicted and sentenced under the big habitual statute, who is subsequently convicted of a felony which is a crime of violence as defined by Section 16-11-309, C.R.S., is adjudicated an habitual offender under the bigger habitual statute. Offenders convicted of the bigger habitual are to be sentenced to a term of life imprisonment. Offenders sentenced to life imprisonment under this provision are ineligible for parole until serving at least 40 calendar years.

The "three strikes you're out" habitual.

The newest level of habitual offender applies to offenders convicted of a third class 1, 2, or 3 felony which is a crime of violence as defined in Section 16-11-309, C.R.S. Such offenders are to be adjudicated an habitual offender and are to be sentenced to a term of life imprisonment. Offenders sentenced under the three strikes provisions are ineligible for parole until serving at least 40 calendar years.

Mark2008
01-01-2009, 04:36 AM
Cindy, thanks for posting that.

So it sounds like you're only eligible for enhancement if you have committed at least three felonies in a 10-year period. Compared to laws in some other states, that's not that bad, frankly.

I mean, anyone can have an accident or make a mistake and get screwed by the system. But to get THREE felonies in a 10-year period (unless more than one happened at the same time) really requires some effort. I've been out nine years now and haven't had so much as a misdemeanor (yeah, a few traffic violations, etc.).

So, in other words, if you get a third felony within 10 years and the normal max is 3 years on a Class 5, you can get 9 years. Is that right? Harsh, but I also understand that courts get tired of seeing the same ole riff-raff coming through year after year with one case after another.

Honestly, I have much more sympathy for the person who makes one mistake and gets busted over it than for the person who keeps doing the same ole stuff over and over and over again.

seansbabyluv
01-01-2009, 08:52 AM
Honestly, I have much more sympathy for the person who makes one mistake and gets busted over it than for the person who keeps doing the same ole stuff over and over and over again.

I feel the same way. Unfortunately the habitual statutes also give DA's here the power to coerce a plea from someone who might otherwise utilize his right to trial. Each felony has to be from a distict and separate episode so usually if there's more than one felony charge on the same case only 1 of them counts.

The within 10 years counts toward the little bitch, but the big bitch counts all of them, it just changes from 3rd felony to 4th and there's no time limitation.

Unfortunately Colorado does not let go of their offenders easily, I really think most of the time that DOC and Parole do whatever they can to fail someone who is on parole. 30% of parolees go back to prison on technical violations and 10% go back on new offenses. I think the numbers are much higher than that, but Colorado claims they haven't kept parole stats for 12 years. Go figure. You only do something like that to keep the public from finding out what a failure the system is.

Mark2008
01-02-2009, 10:40 PM
Yeah, I've heard some states recidivism rates are as high as 70 percent, if one includes technical violations. They can make parole as easy or hard as they want, which is why I encourage potential parolees to carefully review conditions of probation before signing their way out.

I see where the DA's are coming from: their job is to get the maximum sentence possible, so if it means scaring people into taking pleas, so be it. Defendants have got to wise up, know their rights and not be intimidated, especially if they believe they are innocent.

ILuvMyMikeyb0y
01-17-2009, 05:03 AM
Accused of possession of a firearm by a felon. They want to throw the bitch at him. They have offered him a 2 1/2 year "deal" If he accepts..is the habitual criminal automatically hooked on? What does that mean if he were to get in trouble again? Someone told him...he would get life for sure!
Also..he has a ? about parole being included in the deal..so if he has already served 8 months..minus 1 year parole..would he get out in a year? (with 10 days a month good time..I am thinking he could be home in 6 months!!??)
I appreciate any wisdom or advice

Wow they're offering him 2 1/2 :confused: My bf is getting Accused of possession of a firearm by a felon he was on probation they pulled him over and searched the car. At the time his car was getting worked on so he was driving his moms car which his younger brother also drives once in a while. Anyways they found a machine gun way in the back of the van. Its so sad because he was doing so good for himself for a year already going to school and doing what ever the probation asked of him. He had no knowledge of the gun being in the car. They took him in we bailed him out but on his court date they took him in he's had three court dates since then. At his last court date they offered him 4 years with 80% plus he has to waive his credit time and he's been there for almost three months now whats up with that?:angry:

ILuvMyMikeyb0y
01-17-2009, 05:06 AM
Need more information before I can really say much.

Does he have prior felony convictions? Some are enhanceable, some not.

Is this a federal case or a state case? They are handled differently.

In some states, a person is eligible for a life sentence on their third conviction. (Some states restrict it to certain offenses, it really depends on the laws of that state.)

As for parole, again check the laws in your state. Some crimes require a person do to the full sentence, others 85 percent, others 65 percent,others less. It really depends on the offense and the state.

The one thing I can tell you for sure is that he will get credit for every day served prior to trial, between trial and arrival at prison, etc. Every day counts.

Thats the way its suppose to go but they're trying to make my bf waive all his credit time plus they are trying to give him 4 years with 80% I wonder why they're being so hard on him:(.

ILuvMyMikeyb0y
01-17-2009, 05:18 AM
Yeah, I've heard some states recidivism rates are as high as 70 percent, if one includes technical violations. They can make parole as easy or hard as they want, which is why I encourage potential parolees to carefully review conditions of probation before signing their way out.

I see where the DA's are coming from: their job is to get the maximum sentence possible, so if it means scaring people into taking pleas, so be it. Defendants have got to wise up, know their rights and not be intimidated, especially if they believe they are innocent.

But how do they make themselves heard in the court room when nobody in there cares to hear what they have to say much less even give them a chance to speak? My bf's in that boat he wants to speak up for himself but no one gives him a chance also the public defenders he's had don't want to hear what he has to say and when he finally did get a chance to speak with the public defender to let him know what happened and that he's innocent and can prove it the public defender walked into the court room and acted like he didn't hear a word that my bf had said:(its so sad I really feel for him.

Gryphon
01-17-2009, 10:58 PM
It is because he has a crummy rap sheet that includes at least one strike enhancement. (That's why the conduct credits run at 80% once he gets to CDCR.
It is also because he has 2 pending felony cases, including the probation violation.
The sentence on that last case may be able to double because of the strike; unless it is the strike . Even if not strike enhanced, it is still a consecutive term of some sort.
It is also because the machine gun is yet another felony charge that could doble 1/3 of the middle term as a subordinate count.
His problems include not being entitled to a jury on the VOP, and that having a reduced burden of proof. The offer could possibly be not much greater than he'd get on the violation. You'd need more information before you could say.
The lawyers reaction COULD be a complete lack of caring. That's highly improbable. PDs don't take those jobs because they don't give a damn. It could also be that the response was nothing that could be shared in court, and there's a certainly a chance that the attorney has talked about the evidence with the client.
Of course, much depends on where the gun was found, the defendant's priors taht might be gun related, and any statements made to the police; but driving the gun around is a very bad defense fact when it comes to arguing about "possession".

Wow they're offering him 2 1/2 :confused: My bf is getting Accused of possession of a firearm by a felon he was on probation they pulled him over and searched the car. At the time his car was getting worked on so he was driving his moms car which his younger brother also drives once in a while. Anyways they found a machine gun way in the back of the van. Its so sad because he was doing so good for himself for a year already going to school and doing what ever the probation asked of him. He had no knowledge of the gun being in the car. They took him in we bailed him out but on his court date they took him in he's had three court dates since then. At his last court date they offered him 4 years with 80% plus he has to waive his credit time and he's been there for almost three months now whats up with that?:angry:

heartbrokenmom
01-17-2009, 11:10 PM
What makes some of them that have possession of a firearm by a felon get 15 years with the feds? Some get only 3 or 4 years in their state and the feds never even bother them. My son was charged with possession of a stolen firearm in interstate commerce (the firearm was his dad's and he pawned it for crack cocaine for $90 and they said the interstate commerce was because the gun had been manufactured out of state - he never took the gun out of our state) Then about three weeks later, his dad pressed charges, we went to state court, they gave him probation. Then six months later the feds came after him, he got eight years. They said he could have gotten fifteen years. I don't understand this. Why some just get state charges, the feds never bother them and some the feds come after later. I wished someone could explain these crazy laws to me!

Vicki-STE
01-18-2009, 06:31 AM
My BF's biggest question is if his charge (felon in possession of a firearm) is considered a violent or non violent charge. He says that would indicate how much of the 2.5 he would actually have to serve. This is all confusing to me. Ask me what to do during a cardiac arrest and I good!! But this stuff makes me crazy!!
He will be eligable to bond out in 04/09 because he will be done with his probation violation sentence. IF he bonds out..and we go back to take care of this charge..will any of the time he has served..from 04/08 to 04/09 be counted towards this new sentence?
I told him "of course not". If that were the case..then people who had spent time in jail..commited a new crime would say..."well I already served a year in jail a couple months ago...go ahead and give me credit for that"
But I told him I would check into it.
Thanks everyone

seansbabyluv
01-18-2009, 06:48 AM
It's really hard to say if they will hit him with the 75% or not. That part is up to the Department of Corrections to determine. I don't believe they can, but I have to find the statute and see what it says.

As for the time he's been in jail...it's going toward his probation. I don't know whether or not they can get jail time credit for a new sentence that's going toward probation. It definitely won't happen if he discharges his probation before he's sentenced because that case will be done. Ok reading the statute, the sentence for this has to consecutive so none of his jail time will go toward his new sentence.

blondie64
01-19-2009, 08:01 PM
Accused of possession of a firearm by a felon. They want to throw the bitch at him. They have offered him a 2 1/2 year "deal" If he accepts..is the habitual criminal automatically hooked on? What does that mean if he were to get in trouble again? Someone told him...he would get life for sure!
Also..he has a ? about parole being included in the deal..so if he has already served 8 months..minus 1 year parole..would he get out in a year? (with 10 days a month good time..I am thinking he could be home in 6 months!!??)
I appreciate any wisdom or advice

I have a question too

blondie64
01-19-2009, 08:06 PM
My son just got charged with possession of a felony firearm. He was on parole, he is only 19 and got pulled over for a tail light out and had been drinking. He was asked if he had anything in the car to tell them about to which he replied "yes, there is an antique rifle in the trunk of my Dad's". He blew a .03 under the legal limit, he had a beer that night and had forgotten his Dad's old rifle was in the trunk until he was pulled over. He was now sentenced to 2 yrs in Jackson prison. He did not get time served for time he is now serving or the time they held him in the county jail while awaiting trial. Because he was on parole he then has to go before the parole board where we have been told, they can give him another 5 yrs for his parole violation. I feel helpless in all of this, as I am sure you do..so I wish you the best of luck, my prayers will be with you.

heartbrokenmom
01-19-2009, 08:13 PM
What makes some of them that have possession of a firearm by a felon get 15 years with the feds? Some get only 3 or 4 years in their state and the feds never even bother them. My son was charged with possession of a stolen firearm in interstate commerce (the firearm was his dad's and he pawned it for crack cocaine for $90 and they said the interstate commerce was because the gun had been manufactured out of state - he never took the gun out of our state) Then about three weeks later, his dad pressed charges, we went to state court, they gave him probation. Then six months later the feds came after him, he got eight years. They said he could have gotten fifteen years. I don't understand this. Why some just get state charges, the feds never bother them and some the feds come after later. I wished someone could explain these crazy laws to me!

And get what happened here last week. They caught a guy digging his wife's grave, he had broken into a place, got a backhoe and was getting ready to bury his wife. I looked his name up, had a long record and one of them was felon in possession of a firearm. All he pulled was a year. He was out walking around free, but my son stole his dad's gun for crack, told us, we got it back and he gets eight years in federal prison. How does some felons with possession of a firearm hardly get anything and the feds never bother them and then this guy is out walking around, now his wife is dead!

seansbabyluv
01-19-2009, 08:51 PM
Definitely a difference between states and the counties. There's a friend of mine on here that was pulled over for a DUI and had 2 guns in the car that he didn't even know were there...and he got 3 years here in Colorado. Smaller county or I'm sure it would have been much worse since it was his 3rd DUI.