short he had a gun and he moved. from his aunts to another house to be with me. Well his aunt got mad and ended up calling the cops. Well the gun is in her name but he paid for it. The only reason that it is in her name is because he couldn't actually get a gun and he isn't supposed to have a gun. Well they decided to get him for theft. The cop took the gun and left. My boyfriend is not sure if he will now have to go to court or not. What is the cost he could end up with if he does go to court? They are waiting to find out if his aunt and uncle want ot press charges before they decide if he has to go to court. So say they do press charges what will be the punishment? Jail? For how long? For having a gun with a felony or for stealing? He has proof with a check that he is the one that paid for the gun. Please help.
2007-08-13 13:40:13 · 16 answers · asked by garber_jamie 1 in Politics & Government ➔ Law & Ethics
yeah that was stupid and who knows ...he violated something and will more than likely be punished..the thing is he shouldnt have even been buying a gun with a felony..so again he violated something..best thing for him to do is kiss his aunt and uncles booties and hope it gets dropped
2007-08-13 13:44:30 · answer #1 · answered by bailie28 7 · 2⤊ 2⤋
There are many other factors that could come into play here. First of all, why was he not allowed to own a gun? Either he was under age or has prior arrests with violence. What kind of gun was it. A hand gun or hunting rifle? Possesion of a hand gun usually carries a more severe punishment.
It really is not going to matter one bit if he paid for it or not in court. The only way that he might be able to use this to his advantage is if he is able to convince his aunt not to press charges because it is a felony to purchase a weapon for someone who is not allowed to own one.
The best advice period is to seek the counsel of a lawyer. He does not necessarily need to do this before he goes to court. The very first thing is going to be the arraignment, where he goes to court and they will outline the charges against him and ask him to enter a plea. HE ABSOLUTELY NEEDS TO ENTER A NOT GUILTY PLEA. This is to be expected by the prosecution and is merely a starting off point for negotiations. After this point, he will be asked if he needs an attorney because if he cannot afford one, the court will appoint him one. If he cannot afford a private attorney, this is his only option. However, if he does not feel that his attorney is doing enough to help him in court, he can ask the court to appoint another one. He can switch over to a private attorney at any time.
My recommendation would be for him to request that the court appoint one for him. They will get all the paper work and evidence that the state intends to use against him. If the public defender is not taking his case seriously (they seldom do because of their workload) then he should get a copy of the evidence for himself, either through the PD or the court itself. He can then take this around to the private attorneys that he is interested in shopping and have them give their assessments of his case and their strategy for his defense. Attorneys will be very expensive. If the case actually goes to trial (this rarely happens) he can expect the cost to easily be in the tens of thousands.
2007-08-13 14:00:18 · answer #2 · answered by Drew 3 · 0⤊ 0⤋
As far as the theft goes, jail is unlikely especially if the 'victim' doesn't press charges or if he agrees to return the property. If he has proof of payment, even that isn't likely; but that leaves him as the owner of a gun he's not supposed to have. Illegal possession of a firearm is a serious offense; and faking the paperwork to hide it is another problem, in some places a separate crime. His best bet would be to make a deal which simply extends his probabtion, otherwise he could be looking at (more) jail time. And you (or rather, your BF) really should be discussing this with an attorney.
2007-08-13 13:52:48 · answer #3 · answered by dukefenton 7 · 0⤊ 0⤋
He is kinda in a catch 22 Isn't he. He is either going to be charged with the theft and suffer the consequences of that or prove that he purchased the gun and has had possession of it which is a violation since he is a felon. He was obviously aware of his restrictions on owning a gun and that is why he circumvented the law. Given the circumstances the judge may not look very favorable on him in either case. As far as will he go to jail and how long that will depend on the sentencing laws of the state and the judge.
2007-08-13 13:59:18 · answer #4 · answered by Anonymous · 0⤊ 0⤋
He and your aunt committed fraud in the purchase of the gun. She could be prosecuted too. Because he has proof that he purchased the gun (if a canceled check is proof... It may not be enough to prove that he purchased the gun.) he could get off of the theft charge. But he could still get in trouble for having a gun if he was not supposed to have one.
2007-08-13 13:46:21 · answer #5 · answered by justanotherone 5 · 3⤊ 0⤋
Bottom line is he is a felon and is not supposed to have a gun. It doesn't matter if he has a receipt showing he paid for it. If he is on probation or parole, his probation or parole will probably be revoked and he will return to prison. Otherwise, he will be charged with a felon in possession of a weapon charge and yes, he will go back to prison. He was dumb in the first place for having the gun and deserves to do more time. End of story.
2007-08-13 13:46:46 · answer #6 · answered by Anonymous · 2⤊ 1⤋
enable me see if i've got have been given this straight away. Your boyfriend has a criminal checklist and a gun, and he lives along with his aunt in a house the place there are drugs. He needs to tell the government on a relative who can provide him with a place to stay, for revenge in some style of a juvenile sport. ok. it is your existence, and that i do no longer additionally understand you. i'm going to declare no longer something.
2016-10-10 04:22:47 · answer #7 · answered by ? 3 · 0⤊ 0⤋
Lord that is a lot of drama. Are you sure your boyfriend is worth all this? If he's convicted of a felony for this (which he could be), he could face probably six years in prison, depending on how strict the judge wants to be, and how much your uncle/aunt are mad at him. Perhaps your biggest concern is a boyfriend who is involved with guns and has a criminal record? Just a thought!
2007-08-13 13:44:32 · answer #8 · answered by Pat Smear 4 · 5⤊ 1⤋
i dont really know law but listen i hope you love him because he has a world of trouble thats following him do what you can but dont stand beside him if he is wrong because in the end you'll find being right and doing the right thing is not the same because doing is making the choice to stay steady on a p[ath and not stray to much being right is somewhat a bout your opinion im not judging just giving advice
2007-08-13 13:50:18 · answer #9 · answered by lee33 2 · 0⤊ 0⤋
That is a felony charge. Husband tried to skirt the law and buy a firearm.
Now husband stole a firearm.
Talk to an attorney.
2007-08-13 13:47:15 · answer #10 · answered by Anonymous · 1⤊ 1⤋
Even though he paid for the gun, he should have never had it in his possession. He should have never taken it with him, I don't think this looks good on his part. It doesn't matter if he has proof or not, it was a bad decision. Good Luck.
2007-08-13 13:46:33 · answer #11 · answered by ~*:•JENN•:*~ 3 · 2⤊ 1⤋