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  1. #1
    Join Date
    Oct 2014
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    4

    Default Felon and Firearm Charges

    My question involves criminal law for the state of: Virginia

    I have a violent felony conviction and was charged with possessing a firearm , I requested a trial by jury but am not so sure I want to go this route anymore. At this time can my attorney ask the prosecutorís office if they will consider offering me the plea bargain they originally offered us ?

  2. #2
    Join Date
    Mar 2013
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    18,340

    Default Re: Felon and Firearm Charges

    Sure, he can ASK.

    Whether he gets or not is impossible to predict.

    Talk to your attorney about what you do. Only he can tell you what might happen.

  3. #3
    Join Date
    Oct 2014
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    4

    Default Re: Felon and Firearm Charges

    Thank you for your reply! I'm asking your option and I know it's only an option! I'm changing attorney (personal) will it make it any more likely the Prosecutor might make the offer or accept the offer again with the new attorney representing me and providing his counseling ?

    Thanks

  4. #4
    Join Date
    Jul 2014
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    441

    Default Re: Felon and Firearm Charges

    No one here has a crystal ball. The new lawyer might be able to do things the old one couldn't do or vice versa. If the prosecutor has a better relationship with the new guy, that could be good for you. Or not.

    I'm more concerned about the fact that you are a violent felon who was in possession of a firearm.

  5. #5
    Join Date
    Oct 2014
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    4

    Default Re: Felon and Firearm Charges

    Thanks! I understand your Concerns , I'm not a threat to anyone just a poor decision on my part

  6. #6
    Join Date
    Jul 2014
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    441

    Default Re: Felon and Firearm Charges

    In at least one instance in the past you were a threat to someone, and now you feel the need to carry a firearm, even though you shouldn't be.

    I'm glad that you understand it was a poor decision though, and hopefully you're leaning towards avoiding these situations in the future.

  7. #7
    Join Date
    Jul 2007
    Location
    Florida
    Posts
    2,344

    Default Re: Felon and Firearm Charges

    Plea bargain offers do not have a long shelf-life. They are usually made in order to clear dockets before the prosecutor's office invests a lot of resources into the case. If you rejected the offer initially and they've had to invest time in proceeding with the case you should not expect to receive the same offer unless something has come up to make their case look weaker. I suspect the opposite is true, which is why you'd like another bite at that original apple. I would not anticipate you'll have that opportunity again, but your lawyer should see what kind of deal can get had.

  8. #8
    Join Date
    Oct 2014
    Posts
    4

    Default Re: Felon and Firearm Charges

    DeputyDog, I completely understand that thought, in my case was an outdoor activity not protect in anyway! Thanks Bubba Jimmy, I sort of feared that, but the stress this is causing on my wife and family it will be worth a try .

    Thanks

  9. #9
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Felon and Firearm Charges

    Frankly, I'd get a new lawyer to contact the Commonwealth's attorney right away. It's quite possible the deal can be resurrected. The CA however is probably presdisposed against speaking to you.

    Frankly, unless you have something that's going to show that you are NOT GUILTY for this offense, I'd take any deal offered me. You do understand with your record, there is a MANDATORY FIVE YEAR PRISON TERM WITHOUT PAROLE if you get convicted of this? IF YOU GO TO TRIAL there's no mitigation or discretion on the part of the judge. Virginia is very lenient on what is a legal use of firearm but comes down like a ton of bricks on people who use handguns in crimes.

    You're not the father who let his son store his hunting rifles at your place and then locked your wife out?

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