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  #1  
Old 01-22-2011, 03:47 PM
MissPeters MissPeters is offline
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Angry 5 years for possession of a gun by a parolee?

I NEED ANSWERS....MY FIANCE IS ON PROBATION IN MICHIGAN. HE MOVED TO TN WITH HIS BROTHER....IN OCTOBER THE HOUSE HE WAS LIVING IN WITH HIS BROTHER WAS RAIDED....tHE POLICE FOUND DRUGS AND HIS BROTHER HAD A GUN IN HIS HAND THAT WAS LOADED AND NO REGISTERED...( HE SAID HE HAD THE GUN IN HIS HAND BECAUSE HE BELIEVED HE WAS GETTING ROBBED) WHEN IT WAS ACTUALLY A RAID....MY FIANCE AND HIS BROTHER WERE BOTH ARRESTED HIS BROTHER IS BEING CHARGED WITH DRUGS AND A GUN......MY FIANCE IS BING CHARGED WITH VIOLATION OF PROBATION BCUS HE WAS IN THE SAME HOUSE AS A GUN, AND BEING CHARGED FOR THE GUN AS WELL EVEN THOUGH HIS PRINTS WERENT ON HIT AND IT WAS NOT ON HIS PERSONS!

HE AND HIS BROTHER BOTH SIGNED A PLEA...
HIS BROTHER 5-LIFE
AND MY FIANCE 0-10 YEARS

HE IS STILL AWAITING HIS SENTENCTING WHICH WONT BE UNTIL MAY...HE AND HIS BROTHER ARE BOTH IN JAIL...

MY QUESTION IS HOW MUCH TIME DO PEOPLE NORMALLY GET IN CASES LIKE THIS....

MY FIANCE STATES HE THINK HE WILL BE SENTENCED TO 5 YEARS...BUT HE DIDNT DO ANYTHING....BUT VIOLATE HIS PROBATION FOR BEING IN A HOME THAT HAD A GUN!
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  #2  
Old 01-22-2011, 04:58 PM
thatwiz thatwiz is offline
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Be prepared for AT LEAST five years, since he was on parole at the time, he may get more than that, but there are minimum sentences concerning guns.
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  #3  
Old 01-22-2011, 06:56 PM
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Please do not type in all caps, that is considered shouting.

Yes he did do something wrong. Yes, he was in possession of a gun. He was in constructive possession of a gun. It doesn't actually have to be in his hands in order to be in his possession (which is why prints are irrelevant -- not to mention the fact that it is hard to obtain prints on a gun in the first place).

Expect 5-10 years, depending on his record, and what he was on probation for. He will be resentenced to the original crime (for which he was on probation) + the felon in possession, which could run consecutively.
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Old 01-22-2011, 07:17 PM
Surving01 Surving01 is offline
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My boyfriend was arrested for burglary 2nd-class felony and is serving more time then i ever imagined. How does a man, not on probation get sentenced to 2 -12 year sentences? He is serving them consecutively so he is gone from us for 12 years! I hope yours turns out better then ours. Good luck.
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Old 01-22-2011, 07:22 PM
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My boyfriend was arrested for 5 counts of Burg 3 and he is serving a 20 year sentence. It all depends on their record, if they plead or go to trial, and many other factors having to do with the crime..such as did it involve a weapon, did the structure that he burglarized have people in it...lots of things factor in.
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  #6  
Old 01-22-2011, 07:31 PM
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Why are you surprised by this? 12 years is about right. If he had been on probation or parole, then it would have been 22-35 years or so.

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Originally Posted by Surving01 View Post
My boyfriend was arrested for burglary 2nd-class felony and is serving more time then i ever imagined. How does a man, not on probation get sentenced to 2 -12 year sentences? He is serving them consecutively so he is gone from us for 12 years! I hope yours turns out better then ours. Good luck.
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  #7  
Old 01-22-2011, 09:07 PM
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@ the op my bf got sentenced for the same thing last year in june. They offered him 5 years 16 months but he didn't take it so they offered him 4 years 4 months and he took it if he didn't it would have doubled his release date is in 2013 so just hope for the best
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Old 01-22-2011, 09:23 PM
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Was your boyfriend on probation for the same crime as the original poster's boyfriend? You cannot compare sentences unless everything, and I mean every aspect of the two cases are identical.

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@ the op my bf got sentenced for the same thing last year in june. They offered him 5 years 16 months but he didn't take it so they offered him 4 years 4 months and he took it if he didn't it would have doubled his release date is in 2013 so just hope for the best
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  #9  
Old 01-22-2011, 10:37 PM
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Originally Posted by Colorado_Lawyer View Post
Was your boyfriend on probation for the same crime as the original poster's boyfriend? You cannot compare sentences unless everything, and I mean every aspect of the two cases are identical.
maybe i misread because i didn't see why her bf went to jail to get the probation. yes my bf was on probation when he had the gun and that was a violation maybe cali and mi laws are diff, but he did get offered 5 years for the gun but denied it
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Old 01-22-2011, 11:13 PM
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not "jail to get the probation." Sentenced to probation. Yes, your boyfriend, and the OP's boyfriend were both on probation when they were charged with felon in possession. However, that doesn't mean you can compare sentences. It matters what they were on probation for, and what their entire records are, before you can make an accurate comparison. If there is just one thing I can accomplish on here, it would be to get people to stop trying to compare each other's sentences to try to decide what is subjectively "fair." This just cannot and should not be done.

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maybe i misread because i didn't see why her bf went to jail to get the probation. yes my bf was on probation when he had the gun and that was a violation maybe cali and mi laws are diff, but he did get offered 5 years for the gun but denied it
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  #11  
Old 01-23-2011, 05:24 AM
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has he ever been charged with other crimes?
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Old 01-23-2011, 05:48 AM
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Also, sometimes if you don't take the plea offered the first time it is possible that if they offer it again it will be higher than the first. There is no guarantee if you refuse the first offer a second better plea will be offered or better. At least not in VA.
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Old 01-23-2011, 10:52 AM
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Michigan parolees face a mandatory 5 year sentence if they are anywhere around a gun. I can find and post the language of the law, but yes he will be doing 5 years. In Michigan it does not matter that it was his brothers gun, that he never touched it, or that he was in Tennessee when it happened.
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Old 01-24-2011, 10:39 AM
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Quote:
Originally Posted by MissPeters View Post
I NEED ANSWERS....MY FIANCE IS ON PROBATION IN MICHIGAN. HE MOVED TO TN WITH HIS BROTHER....IN OCTOBER THE HOUSE HE WAS LIVING IN WITH HIS BROTHER WAS RAIDED....tHE POLICE FOUND DRUGS AND HIS BROTHER HAD A GUN IN HIS HAND THAT WAS LOADED AND NO REGISTERED...( HE SAID HE HAD THE GUN IN HIS HAND BECAUSE HE BELIEVED HE WAS GETTING ROBBED) WHEN IT WAS ACTUALLY A RAID....MY FIANCE AND HIS BROTHER WERE BOTH ARRESTED HIS BROTHER IS BEING CHARGED WITH DRUGS AND A GUN......MY FIANCE IS BING CHARGED WITH VIOLATION OF PROBATION BCUS HE WAS IN THE SAME HOUSE AS A GUN, AND BEING CHARGED FOR THE GUN AS WELL EVEN THOUGH HIS PRINTS WERENT ON HIT AND IT WAS NOT ON HIS PERSONS!

HE AND HIS BROTHER BOTH SIGNED A PLEA...
HIS BROTHER 5-LIFE
AND MY FIANCE 0-10 YEARS

HE IS STILL AWAITING HIS SENTENCTING WHICH WONT BE UNTIL MAY...HE AND HIS BROTHER ARE BOTH IN JAIL...

MY QUESTION IS HOW MUCH TIME DO PEOPLE NORMALLY GET IN CASES LIKE THIS....

MY FIANCE STATES HE THINK HE WILL BE SENTENCED TO 5 YEARS...BUT HE DIDNT DO ANYTHING....BUT VIOLATE HIS PROBATION FOR BEING IN A HOME THAT HAD A GUN!
Was he on probation or parol ? both were stated,there is a difference.
As for he did'nt do anything, he was there period.
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Old 01-24-2011, 01:42 PM
Rankin Johnson Rankin Johnson is offline
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Quote:
Originally Posted by Colorado_Lawyer View Post
Yes he did do something wrong. Yes, he was in possession of a gun. He was in constructive possession of a gun. It doesn't actually have to be in his hands in order to be in his possession (which is why prints are irrelevant -- not to mention the fact that it is hard to obtain prints on a gun in the first place).
I think you're overstating it. Constructive possession is a wriggly, vague concept. If the gun was in a drawer by his bed, he was probably in possession. If it was on the coffee table, maybe. If it was carefully hidden under the mattress by his brother and he had no idea it was there, probably not. Whether he could win that issue at a hearing depends on lots of details, but if he's already admitted to violating his supervision, there won't be a hearing on whether he violated, only as to what the penalty should be.

If it were my client, I'd probably expect him to get in trouble for being found in a house where there was a gun. But it's debatable in the right case.

/s/ Rankin Johnson IV
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Old 01-24-2011, 04:19 PM
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It does depend on the appellate decisions in the state. In Colorado, he would be in constructive possession. Have a client who was in "construction possession" of a gun that was in a crotch holster of another person in the car, and my client not even aware it was there.

Quote:
Originally Posted by Rankin Johnson View Post
I think you're overstating it. Constructive possession is a wriggly, vague concept. If the gun was in a drawer by his bed, he was probably in possession. If it was on the coffee table, maybe. If it was carefully hidden under the mattress by his brother and he had no idea it was there, probably not. Whether he could win that issue at a hearing depends on lots of details, but if he's already admitted to violating his supervision, there won't be a hearing on whether he violated, only as to what the penalty should be.

If it were my client, I'd probably expect him to get in trouble for being found in a house where there was a gun. But it's debatable in the right case.

/s/ Rankin Johnson IV
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  #17  
Old 01-30-2011, 03:16 PM
MissPeters MissPeters is offline
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Quote:
Originally Posted by tom_greene View Post
michigan parolees face a mandatory 5 year sentence if they are anywhere around a gun. I can find and post the language of the law, but yes he will be doing 5 years. In michigan it does not matter that it was his brothers gun, that he never touched it, or that he was in tennessee when it happened.

ok but he isnt being seen by michigan courts
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Old 01-30-2011, 10:29 PM
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It seems if it is his brother or even a friend, he would know that person well enough to know if they carry/have a weapoon or drugs on them or whatever. I haven't lived in the same state as my relatives for years and I still know what they're up to!!! Unless these brothers had been apart for for a long time with no communication, not even from relatives or others. That part of probation/parole is good! It can keep a person out of trouble, out of jail/prison, and may even save their life! It just boils down to responsibility, wanting to change, behaving, and just saying,"No!" Maybe it would have been better to stay away from the brother and be free. ???? Or at least tell him, "Not around me", whenever he was doing something wrong. My son just reconnected with a (female)friend from when they were 9 -13 yrs.old. She lives in another state with a guy, and has 2 kids by a former BF or husband (?). I just found out he told her she could come here for the weekend. HAHA Not in my house, plus he or she never even asked!!! But would've been no. I'm not helping anyone to cheat! I know how much it hurts and it is just plain wrong. I think I could say no to my sister or stay away from her if it meant I could go to prison for 5 yrs.. That's a long time to me!!! I wouldn't want to go there for one day!!! I'd be dead the first day anyway! HAHA Good luck to you!!! Just hang in there. Maybe it won't be so bad. Get letters and calls as soon as possible, that will help. Didn't you move with him? Just wondered.....
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