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Handgun Seized During Drug-Arrest

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  • 05-18-2011, 10:10 PM
    SeanHeffings
    Handgun Seized During Drug-Arrest
    My question involves criminal law for the state of: FL

    I was hoping that someone could clarify whether there will be any charges related to the gun, and just general thoughts on what (if anything) I should expect / tell my brother.

    Today the police went into my brother's apartment and he was arrested on drug charges. He was charged/arrested for possession of 2 different drugs (1 felony + 1 misdemeanor) and for paraphenlia.
    Now, he has a (registered / legit) handgun in his apartment, and I know the police report had the "handgun seized" box checked. However, I spoke with him and he read me the report he had, and nothing seems to indicate the firearm being any 'crime', the only mention is the 'seized' box having been checked.
    It seems we have to wait until tomorrow morning to know the specifics of his charges / bail / etc, but I'm aware that guns tie into charges for drugs-cases quite often. As far as I know, the handgun was in its (cardboard/unlocked) box, w/o a chambered bullet, but w/ a loaded magazine in the gun.

    Also, this is his 1st charge (he's 23) - any stabs at what he's likely to be facing here?
    (and does one typically plead 'guilty' in this type of situation? I'm extremely ignorant here, and seem to recall something about 'not guilty' for the sake of going to trial, or something like that. He'll have a public defender if that's how this works, but until I actually see that happen (tomorrow I'd imagine.. the arrest was today), I want to be able to help guide him). I'm going on a limb and guessing that this isn't the kind of thing one wants to bring to trial?)
  • 05-18-2011, 11:20 PM
    SeanHeffings
    Re: (Fl) Q's Re: Handgun Seized During Drug-Arrest (Drug Charges: 1 Felony + 2 Misdem
    UPDATE(won't let me edit original) - 3 additional felony possession charges, so that's 4 felony possession charges and 2 misdemeanors :(
  • 05-18-2011, 11:25 PM
    aardvarc
    Re: (Fl) Q's Re: Handgun Seized During Drug-Arrest (Drug Charges: 1 Felony + 2 Misdem
    Florida doesn't have gun registration. In all liklihood, they'll test it for ballistics to see if it matches up with any unsolved crime, and he can ask the court for it's return upon the resolution of his case - IF he's not convicted of any felony charge. With a felony conviction (either from this case or any prior case), or any conviction on a misdemeanor domestic violence charge, or if there is an active restraining order against him, then his possession of the firearm would be illegal, and he can, under any of those circumstances, expect that the court will order it destroyed.

    Typically people plead not guilty and then seek an attorney to work on their defense or on cutting a deal with the state.
  • 05-18-2011, 11:48 PM
    SeanHeffings
    Re: (Fl) Q's Re: Handgun Seized During Drug-Arrest (Drug Charges: 1 Felony + 2 Misdem
    Thank you!
    Any idea of 'typical' sentences in a case like this?
  • 05-19-2011, 02:25 AM
    flyingron
    Re: (Fl) Q's Re: Handgun Seized During Drug-Arrest (Drug Charges: 1 Felony + 2 Misdem
    It would depend on what the charges are. Misdemeanors could be up to a year in jail each depending on what they are. The felony could be decades in prison.
  • 05-20-2011, 12:27 PM
    SeanHeffings
    Re: (Fl) Q's Re: Handgun Seized During Drug-Arrest (Drug Charges: 1 Felony + 2 Misdem
    Quote:

    Quoting flyingron
    View Post
    It would depend on what the charges are. Misdemeanors could be up to a year in jail each depending on what they are. The felony could be decades in prison.

    Decades?!
    Could you elaborate? I haven't found a *single* source saying aside from your post..
  • 05-20-2011, 02:49 PM
    aardvarc
    Re: (Fl) Q's Re: Handgun Seized During Drug-Arrest (Drug Charges: 1 Felony + 2 Misdem
    It depends on EXACTLY what drugs he was in possession of and what SPECIFIC felony possession charges the state is bringing. EACH count has the potential to incur the max penalty, and then be added together to reach a total.

    For more than 20 grams marijuana, or controlled substances such as meth, esctasy, heroin, or cocaine: a 3rd degree felony = 5 years for EACH COUNT.

    For a second degree felony, like possession of unlawful chemicals with intent to manufacture = 15 years for EACH COUNT.

    For a first degree felony, such as Schedule I drugs, or more than 10 grams heroin or other opiates = 30 years for EACH COUNT.

    You can find the entire outline of what drugs carry what penalties under Florida Statutes Chapter 893.13
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