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  1. #1
    Join Date
    Mar 2011
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    2

    Default Possession of Firearm and Manufacturing Marijuana

    My question involves criminal law for the state of: Virginia

    If you plead guilty to having a firearm and manufacturing more than 1 pound of weed in Virginia, do the charges run concurrent..or will I get 5 mandatory for the weed and 2 mandatory for the gun??? I spoke with a lawyer that said that there is a 5 year mandatory for having a gun with more than 1 pound of weed, BUT I spoke with another that said that it will be 7 years altogether because both charges come with mandatory time??? I am very confused...do I have any other options like a boot camp or time suspended or anything else??? I am not a citizen of the U.S. and so would it be a possibility to have an expedited deportation..anything??This is my first charge ever and I have a wife and 2 babies, please help.

  2. #2
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Possession of Firearm and Manufacturing 3.5 Pounds

    You will certainly be deported after you have served your sentence.... but not a moment before.

    The rest sounds like it is up to the judge.

    Time suspended... no.

  3. #3
    Join Date
    Nov 2007
    Posts
    1,419

    Default Re: Possession of Firearm and Manufacturing 3.5 Pounds

    THe fire arm with drugs is bad anywhere,it seems like virigina is very strict with drug charges. Just having the gun makes it hardier to arrange something. A lawyer might be able to arrange a plea to lower charge to lower the amount of jail time.

  4. #4
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Possession of Firearm and Manufacturing 3.5 Pounds

    You're in deep trouble. The chances of you getting to skip out of the country without prison time is slight. As near as I can tell that there's no mandatory prison time for the drug charge and the use of a firearm in the felony is good for three years mandatory. I think that your chances of getting something other than four or more years in prison are unlikely (especially if you're not lawfully here to begin with).

    What exactly is your status in the US?

  5. #5
    Join Date
    Mar 2011
    Posts
    2

    Default Re: Possession of Firearm and Manufacturing 3.5 Pounds

    Quote Quoting flyingron
    View Post
    You're in deep trouble. The chances of you getting to skip out of the country without prison time is slight. As near as I can tell that there's no mandatory prison time for the drug charge and the use of a firearm in the felony is good for three years mandatory. I think that your chances of getting something other than four or more years in prison are unlikely (especially if you're not lawfully here to begin with).

    What exactly is your status in the US?
    I am not in any way viewing my questions or concerns as "skipping" out of the country. My only concern is that my wife is having such a devastating time trying to raise our 3 year old and 1 year old alone. I know I am getting deported, that doesn't matter to me, it is my family that I wonder these questions for because I know my wife only prays that I can come home as soon as possible and give our children the childhood they deserve. I know if it wasn't for the gun my lawyer said I would have only been sentenced to one year so that part of the equation makes things difficult. My mother brought me here when I was 3. She never improved my status as she was illegal so she thought she couldn't. My wife petitioned for my citizenship and we were well on our way to my residency but now that won't happen. I was only wondering if the gun charge came with mandatory time. I spoke with my lawyer today and he said that a gun charge with weed comes with up to 12 months in jail, but no mandatory time. My lawyer also said that my being brought here by my mother will not increase or decrease my time.

  6. #6
    Join Date
    Nov 2007
    Posts
    1,419

    Default Re: Possession of Firearm and Manufacturing 3.5 Pounds

    If your lucky sometimes the da will let you plead to a lower charge which doesn't require mandatory time but any time of plea is gonna involve time in jail or prison.

  7. #7
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Possession of Firearm and Manufacturing 3.5 Pounds

    We call them Commonwealth's Attorneys here. Which court? (What county?).

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