My fiance was found guilty of ccw, because it was in his car, now his friend has come to him and said that it was his gun and that he will confess to it, Can my fiance be cleared of this or will he still have to go to jail, my fiance was convicted two years ago for the same thing and that is why the found him guilty this time because he is not supposed to have guns.
2007-06-26 04:33:28 · 16 answers · asked by jwilliamsinvestments 1 in Politics & Government ➔ Law Enforcement & Police
To second a couple of the other answers it won't matter if the friend comes forward as the judge won't buy it.
Even if one had no record and was going to to the firing range one would get busted for simply having it within reach or immediate access to it. So to carry that further the police do not care who it belongs to. He had access to and was in possession of a weapon.
The fact that he did this a second time in so short a period will mean that he will be going to jail for at least a couple of years.
No offense because love is love....... think about this. He is probably doing something else wrong like smoking weed or is at least hanging around those who could get him into trouble just by being around.
So you get married and a few years have a child. He gets busted again for something and has to go to jail for a very long time. Or he just gets a DWI and loses his license for 10 years. What the heck are you going to do now? Do you really want this hanging over your head wondering if he will get busted?
Plus at this point he will never get a really good job. In this day and age even small companies (even constuction companies) are doing background checks. It reduces their liability and insurance premiums. And if a company doesn't do checks once you reach a say mangement level they often will do one then. So ten years from now all is well and he gets offered something awesome but wont get it.
Just a thought and you might want to ponder if he is a good bet in life.
2007-06-26 05:35:02 · answer #1 · answered by jackson 7 · 0⤊ 0⤋
CCW is carrying a concealed weapon (knife, club etc). CCF is for a firearm which upgrades the charge to a felony in most states.
If he already went to trial and was found guilty of this charge and NOW this guy comes forward it is probably too late. In addition if he was alone in the car at the time of the arrest and the friend was not an occupant I would say he has virtually no appeal. The friend may have come forward later in fear knowing your BF was already convicted. In addition if this friend were to go into a court I am sure his story would change quick and he would recant. All these guys that say my "bro" on the street got my back is a myth. They generally will hand each other up and burn each other to protect themselves.
A second CCF charge is serious and the judge will not be happy come sentencing unfortunately.
As others indicate maybe its time to find a decent and safer fiancee.
The real question is...why do many woman gravitate towards guys like this?? lol
Good luck!
2007-06-26 05:06:49 · answer #2 · answered by flafuncop 2 · 0⤊ 0⤋
If the first CCW was a felony (and most likely it was), he is now gonna be charged as a felon in possession of a firearm. In almost, if not every state, there are mandatory sentences for this...and if not, the Feds will catch up with him.
Now, if his friend cops to this charge, he will have to prove to the authorities that he left this gun in your fiances car without your fiance's knowledge, which might not be the easiest to prove with your fiances priors, but is certainly possible - I've seen many situations like this work.
If that does not work, then, yes, he goes to prison - no ways around it
2007-06-26 05:14:18 · answer #3 · answered by Daddy-o 5 · 0⤊ 0⤋
I have been charged with ccw several times and never spent one day in jail for it. If he is not spposed to have a gun that is not the reason, only convicted felons can not be near a gun, friend or no friend he isn't to be near a handgun if he has been convicted of a felony. I have been fined $50 dollars for it though!
2007-06-26 05:54:17 · answer #4 · answered by samhillesq 5 · 0⤊ 0⤋
Your question states that your fiance' is not allowed to carry a firearm. What would concern me is that if your fiance' has a felony conviction on his records.
The federal law will certainly catch up to him if the local authorities making the arrest attempt to present a federal "ICE" case against him. This is just about an automatic 5 year sentence in the federal penal system.
Your best bet is to insure this other guy shows up to testify that it was his weapon ... for sure!
2007-06-26 05:12:14 · answer #5 · answered by KC V ™ 7 · 0⤊ 0⤋
If your fiance's friend was not in the car when the gun was found, your fiance was legally in possession of the weapon, as he would be in possession of anything else in the car, even though he is not the owner. Thus, he was charged with carrying the concealed weapon.
2007-06-26 04:41:30 · answer #6 · answered by Anonymous · 1⤊ 0⤋
Doesn't matter who owned it, it was in his car, therefore he was responsible for it. Why would you want a fiance who was arrested and goes out and does the same thing. I doubt he will amount to too much. You need to find a new love. Even if it wasn't his, he should have known better than to have it in his car.
2007-06-26 05:00:44 · answer #7 · answered by ruth4526 7 · 1⤊ 0⤋
General population in jail, just like everybody else! If convicted ... probably a medium security prison with other violent offenders.
2016-04-01 05:16:30 · answer #8 · answered by Anonymous · 0⤊ 0⤋
he was in possession of the gun it doesn't matter who's gun it is, hes not going to get off especially with a prior of the same thing. sound like you have a real winner on your hands...my guess is his credit, job, past criminal history is all good too... find a new man
2007-06-26 05:07:57 · answer #9 · answered by 0matix0 4 · 0⤊ 0⤋
Get a good lawyer,,but I think his friend is trying to help him out due to his last rap,,unless the friend , has proof the gun was his and in his name,,,but still going to be hard to prove,,,due to the time of the incident, your boyfriend was in , care, custody and control of the gun,,,good luck,,,
2007-06-26 04:54:24 · answer #10 · answered by Anonymous · 0⤊ 0⤋