View Full Version : How much time for drug + gun charges?
09-14-2009, 02:40 PM
my baby just got arrested for second offense felony charges. for weed and gun charges. what do you think his sentence is looking at for him?
( we are hoping the gun charges are dropped though since the gun was found in the attic, and it was in a safe, so there isnt really a way they can prove its his):(
09-14-2009, 04:37 PM
I have heard that all it takes is for the gun to be in the same house or same car or anywhere in the vicinity where the offender can access it. They are really strict with the gun charges and possession doesn't mean it had to be on his person. I hope it works out for you but don't be shocked if it doesn't go his way.
You say they really cant prove its his..(They dont have too)
09-20-2009, 11:02 PM
It depends on his lawyer, his criminal history, and the judge. I public defender is the worst choice in the world. If you can afford an attorney get one. The weapons charge will probably not be dropped because it was found at the scene. It doesn't really matter the location of the gun just the fact that it was on the premises. Good luck.
09-21-2009, 01:23 PM
As far as an attorney I say go with a public offender! I spent 10,000 for me and my husband to have a paid attorney. I got 7 yrs of first offender and my husband got 2 years plus when he is released 8 years on probation. That was the best our attorneys SAID they could do on a charge of distributing marijuana (the officers found a scale in the middle console of the car and said they smelled burnt marijuana.) Not only that they never returned calls and the only time we got to speak with our lawyers was when we had to go to court. I am still having issues with my drivers license and voters registration because its saying that I have been convicted of a felony, which is wrong because I am on first offender and my attorney will not return my calls to get this straightened out!!!!!!!!!!!!
PS - Also, the reason why my husband got a 2 years sentence was because he violated his first offender probation for the scale being in the car and the smell of burnt marijuana.
09-21-2009, 01:57 PM
I know you can get good and bad public defenders and my bf got a really bad one. He had a so called "friend" who said she had a check from her father but didn't have an id to cash it so her father left it blank so she could get someone to cash it for her. So my bf took it in the bank and cashed it for her. Well, it turns out she stole it from her father, signed his signature and wrote in my bf's name. Her father prosecuted and my bf was arrested for first degree forgery. This girl had stolen checks before and had other people cash them and her parents were sick of it and prosecuted, not her, but my bf since he cashed it. I got copies of bank statements where she had signed her father's name to several checks the month before this happened and gave them to the public defender and she never used them- he got railroaded in court. He never even got any money from this and he was sentenced to 7 years. A year later the bank got sick of the father prosecuting other people and finally charged the daughter and she is in prison right now, but it didn't help us and neither did the pd. Last year he got caught with meth, he wasn't doing it, it was to sell and I got him the best lawyer in town (after our experience with a public defender I wasn't taking chances) and this lawyer got his charges dropped on a technicality. I do believe you get what you pay for and I made sure I got the best and it was worth every penny.
09-21-2009, 09:07 PM
We went with a public defender. My hubby talked to the cops without an attorney present and so he basically screwed himself, no attorney needed... I personally felt like he did a great job for my hubby... The original sentence the ADA was trying for was 15+, with none of it parole eligible. The PD got it dropped to 15, serve 6... And he'll be getting out on parole in just under 4! That public defender got at least 9 years off of my hubby's time, so we're not complaining... He came from ATL and has since gone back, so he had major experience under his belt...
He did tell us at one point that the only way we might get an extra year or two off was to pay a $5000 detainer to a local attorney and have them call in a favor from the ADA, but it wasn't a definite...
And I'll also add that he was very upfront and honest with us about parole and the eligibility, etc.... He never mislead us to believe that if we accepted a plea that he'd be coming home at 1/3 or in 2-3 years... He just made it very clear that the original charges included NO chance of parole and the plea at least opened that doorway for us...
One other positive for public defenders... My hubby's papers were screwed up about his FOA. Once I went and did all the legwork of getting the correct documents (faster in my opinion), the PD jumped right in and had the motion to amend to the ADA, the order to change to the judge and the corrected papers to the court and the DOC within the month....
They're not all that bad! :D
09-22-2009, 04:37 PM
I wish we had went with a PD! Our attorneys fed us BS after BS. They swore that if I agreed to the scale being mine, that my husband charge would be dropped and I would be on FOA. Well...as you all can see how that turned out.
09-22-2009, 06:26 PM
thanks so much..that really helps alot..
russel.. so did he have to serve those full 2 years? we got a lawyer and the lawyer is telling us that he can get in down to prob a year that he has to serve.. ive heard that the lawyer is really good.. and were paying him alot of money for doing this... so hopefully everything will turn out for the better..
i think the worst thing going for him right now is that its his second offense.
09-23-2009, 02:16 PM
my husband started his incarceration April 17, 2009. His max out date is Feb 5, 2010 and as of NOW he has a TPM of September 2009. Before his sentencing he was in jail for 3 months until he was bonded out. So fortunately for my husband (if the PB did not make any mistakes) he will only serve 10 months if he max's out. However, I have seen on the GA DOC website those who have similar offenses maxing out or serving atleast 18 months.
09-23-2009, 07:49 PM
I just think that whatever you choose and whatever you're being told, you definitely need to go and research for yourself... This site is great for a portion of that... The PB website and the DOC website also offer some pretty helpful info... Know as much as possible so that when the attorney tells you things you can make an 'EDUCATED' guess as to whether it's true or not!
09-24-2009, 06:53 AM
I will say this, my lawyer bluntly said he would not make promises to us and told us that he had no control over the revocation part of it. He said he would do the best he could and he did, he got the new charges dropped on an illegal search. I use to work for a great criminal defense attorney who is now retired who use to say that any lawyer that promises he can do something for you is not a good lawyer and not to be trusted.
09-24-2009, 01:30 PM
I wish I would have known that before hand! I always get a knot in my stomach thinking about how much money I paid for those two dingbats. But I will take it as a lesson learn. Also, I agree with Mommy4Two its always best to research as much as you can so the attorneys known you have an idea of what their talking about