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  1. #1

    Question What kind of case do they have?

    My husband was charged with 5 felony charges and has went to a plea trial where the DA offered to drop it down to 2 felonies which are: Criminal property damage in the 1st degree carrying a sentence of 5 years probation, $1000 fine s/c (which we have no idea what that means) and restitution TBD, the 2nd one is Felon in possession of a firearm carrying a sentence of 5 years probation to run consecutive, $1000 fine, & s/c (whatever that is) but I question this b/c the police never recovered a weapon only shell casings and one slug in the ceiling joist which are the same caliber a the gun I owned without my husband's knowledge. They are trying to say that noone broke into my home & he is the shooter. But he phoned the police and they picked him up away from the scene where he explained to them that someone walked in on him in MY apartment and pulled the gun on him, he then pushed the guy's arm and the gun went off into our ceiling. I heard the shots outside and took off in my car b/c my child was with me. I went straight to the police station to report what I heard and they searched my car the apartment, the surrounding areas and found nothing but a spent round that was misfired in my car but no weapon. They have 2 witness' that say they heard the shots but didn't see anything but my car leave. How can they charge him with possesion of a firearm if a firearm was never found!? Does anyone have any advice?
    I live in the state of Georgia

  2. #2
    Join Date
    Feb 2007
    Posts
    2,031

    Default Re: What kind of case do they have?

    Does your husband have a gun permit or a gun registered to him? If so, is it of the same type that the recovered slug went to?

    If there any domestic violence criminal history? Has your husband EVER been charged with a crime?

  3. #3
    Join Date
    Apr 2006
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    526

    Default Re: What kind of case do they have?

    Quote Quoting Stephaniechantell
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    My husband was charged with 5 felony charges and has went to a plea trial where the DA offered to drop it down to 2 felonies which are: Criminal property damage in the 1st degree carrying a sentence of 5 years probation, $1000 fine s/c (which we have no idea what that means) and restitution TBD, the 2nd one is Felon in possession of a firearm carrying a sentence of 5 years probation to run consecutive, $1000 fine, & s/c (whatever that is) but I question this b/c the police never recovered a weapon only shell casings and one slug in the ceiling joist which are the same caliber a the gun I owned without my husband's knowledge. They are trying to say that noone broke into my home & he is the shooter. But he phoned the police and they picked him up away from the scene where he explained to them that someone walked in on him in MY apartment and pulled the gun on him, he then pushed the guy's arm and the gun went off into our ceiling. I heard the shots outside and took off in my car b/c my child was with me. I went straight to the police station to report what I heard and they searched my car the apartment, the surrounding areas and found nothing but a spent round that was misfired in my car but no weapon. They have 2 witness' that say they heard the shots but didn't see anything but my car leave. How can they charge him with possesion of a firearm if a firearm was never found!? Does anyone have any advice?
    I live in the state of Georgia
    If your husband is a felon, why would you own a gun? Aren't felons prohibited from being in possession or in the company of persons with a gun?

  4. #4
    Join Date
    Feb 2007
    Posts
    2,031

    Default Re: What kind of case do they have?

    Quote Quoting cissycicle
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    If your husband is a felon, why would you own a gun? Aren't felons prohibited from being in possession or in the company of persons with a gun?
    Ahhh...I missed that bit...

    OP..What was your husband's felony conviction for?

  5. #5
    Join Date
    Jul 2006
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    2,652

    Default Re: What kind of case do they have?


  6. #6

    Default Re: What kind of case do they have?

    I was not made aware of the fact that he was not allowed to be around my gun until all this happened if your not a felon you don't tend to know these things and it's not like they tell you that when you purchase a gun. I still don't think they have a case without a weapon ever being found do you?

  7. #7

    Default Re: What kind of case do they have?

    Does anyone out there have any idea why if they had such a great case they would bump 5 down to 2 and no jail time for two felony charges? Please help We have to agree or disagree to the plea by the 31st of this month and we don't have a decent attorney b/c the PD is trying to push him for the plea when they don't have a weapon to say he was in possession of?!
    Please any advice out there?

  8. #8

    Default Re: What kind of case do they have?

    Quote Quoting cissycicle
    View Post
    If your husband is a felon, why would you own a gun? Aren't felons prohibited from being in possession or in the company of persons with a gun?
    She can own the gun, I know a few people who have spouses who are felons however she must keep in inaccesible from the person (probably locked up). If she were to allow him access to the firearm as in physically give him it, I believe she would be commiting a felony as well.

    Quote Quoting Stephaniechantell
    View Post
    I was not made aware of the fact that he was not allowed to be around my gun until all this happened if your not a felon you don't tend to know these things and it's not like they tell you that when you purchase a gun. I still don't think they have a case without a weapon ever being found do you?
    Ignorance is not an excuse to disregard the law.

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