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  1. #1
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    Default Is the Public Defender Giving My Aunt False Hope

    My question involves criminal law for the state of: Kentucky

    Hi all. My aunt has been with an abusive boyfriend for almost a decade now. This lifestyle and relationship is normal for her. But a month ago her boyfriend got into a heated argument with her pregnant daughter, grabbed a pistol (he is a convicted felon btw) and went outside and shot the gun into the ground 4 times. I'm assuming it was out of anger and to take control of the situation by force and fear.

    Well what happened was several neighbors called the police reporting that shots were fired and when the cops showed up my aunt's daughter actually told the cops that he did it and they arrested him. Even though he did not have the gun on him when he was arrested her being an eyewitness was enough to get him arrested for possession of a gun by a convicted felon.

    Well he plead not guilty and went to court and his public defender wanted to get him on house arrest so he could get out of jail until his case was over but the judge said absolutely not and instead sat another court hearing for next week for a "revocation hearing". The judge also said that if his probation is revoked he will have to serve both sentences consecutively, meaning he will have to serve the rest of his probation time in jail then if he is found guilty also serve the gun possession charge sentence right after.

    However he has been calling my aunt saying that his public defender said if he is not indicted on this gun charge then he will get out of jail and it will all be over with however based upon the judge not allowing him out of jail and then having a "revocation hearing" it sounds as if this judge has made up his mind on the situation and will be sentencing him next week.

    Is this public defender just giving my aunt's boyfriend false hope? Based upon the details I have given does it sound like he is screwed? I live 300+ miles away so the information I receive is second-hand information and I come to you all to hopefully make some sense of it.

    My family wants him in jail but my aunt needs him to help pay bills without him she is struggling to keep the house hold above water. I am trying to help her as well and need to be prepared to help her long-term if her boyfriend is likely going to go away for awhile. Based upon what I know it sounds like he is but I would like to hear others who are more familiar with the law give insight.

    Thank you!

  2. #2
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    Oct 2006
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    Default Re: Is the Public Defender Giving My Aunt False Hope

    Quote Quoting Kyism
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    My question involves criminal law for the state of: Kentucky

    Hi all. My aunt has been with an abusive boyfriend for almost a decade now. This lifestyle and relationship is normal for her. But a month ago her boyfriend got into a heated argument with her pregnant daughter, grabbed a pistol (he is a convicted felon btw) and went outside and shot the gun into the ground 4 times. I'm assuming it was out of anger and to take control of the situation by force and fear.

    Well what happened was several neighbors called the police reporting that shots were fired and when the cops showed up my aunt's daughter actually told the cops that he did it and they arrested him. Even though he did not have the gun on him when he was arrested her being an eyewitness was enough to get him arrested for possession of a gun by a convicted felon.

    Well he plead not guilty and went to court and his public defender wanted to get him on house arrest so he could get out of jail until his case was over but the judge said absolutely not and instead sat another court hearing for next week for a "revocation hearing". The judge also said that if his probation is revoked he will have to serve both sentences consecutively, meaning he will have to serve the rest of his probation time in jail then if he is found guilty also serve the gun possession charge sentence right after.

    However he has been calling my aunt saying that his public defender said if he is not indicted on this gun charge then he will get out of jail and it will all be over with however based upon the judge not allowing him out of jail and then having a "revocation hearing" it sounds as if this judge has made up his mind on the situation and will be sentencing him next week.

    Is this public defender just giving my aunt's boyfriend false hope? Based upon the details I have given does it sound like he is screwed? I live 300+ miles away so the information I receive is second-hand information and I come to you all to hopefully make some sense of it.

    My family wants him in jail but my aunt needs him to help pay bills without him she is struggling to keep the house hold above water. I am trying to help her as well and need to be prepared to help her long-term if her boyfriend is likely going to go away for awhile. Based upon what I know it sounds like he is but I would like to hear others who are more familiar with the law give insight.

    Thank you!
    The revocation hearing is to decide whether or not to revoke his probation, therefore requiring him to serve the rest of his time on his original sentence.

    When someone is charged with a crime, they are either indicted by a grand jury or they are charged by the DA. Once someone is in front of a judge, they have already been charged, therefore an indictment would be kind of a moot point.

    Now, its possible that what the attorney actually said is that if he is found not guilty on the gun charge, that the whole issue could possibly go away.

    In any case, there is a better than decent chance that this is not going to go away. People get their probation revoked for simply being in possession of a gun. He was not only in possession, but it was loaded and he fired it 4 times! Yes, he fired it into the ground, but that doesn't help him.

  3. #3
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    Nov 2013
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    Default Re: Is the Public Defender Giving My Aunt False Hope

    How could anyone on this forum begin to guess what is in the mind of the judge and the prosecutor about the outcome of this case? You will just have to wait and see what is decided.

  4. #4
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    Default Re: Is the Public Defender Giving My Aunt False Hope

    Quote Quoting Kyism
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    Is this public defender just giving my aunt's boyfriend false hope?


    False hope for what?

    That the abusive low life comes home?

    And next time puts the 4 bullets into her and her daughter.

    Wake up, auntie.

  5. #5
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    Default Re: Is the Public Defender Giving My Aunt False Hope

    Quote Quoting adjusterjack
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    False hope for what?

    That the abusive low life comes home?

    And next time puts the 4 bullets into her and her daughter.

    Wake up, auntie.
    Apparently the abusive low life is the householder breadwinner and Auntie is struggling financially. I wish some women would wake up and see what they are doing to their lives.

  6. #6
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    Jun 2006
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    Massachusetts
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    Default Re: Is the Public Defender Giving My Aunt False Hope

    But a month ago her boyfriend got into a heated argument with her pregnant daughter, grabbed a pistol (he is a convicted felon btw) and went outside and shot the gun into the ground 4 times.

    when the cops showed up my aunt's daughter actually told the cops that he did it and they arrested him

    Even though he did not have the gun on him when he was arrested her being an eyewitness was enough to get him arrested for possession of a gun by a convicted felon.

    You seem to be saying first, that the daughter was somehow in the wrong for telling the truth about what happened, and that the cops were somehow in the wrong to arrest him unless they personally see a gun in his hand. Is that, in fact, what you are attempting to say?

  7. #7
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    Sep 2010
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    19,841

    Default Re: Is the Public Defender Giving My Aunt False Hope

    The eyewitness is enough to justify an arrest. It matters not if he actually has the gun on him. If it was in the house and he had access to it, he committed another crime.

    The fact that there's a "revocation" hearing in progress means he's either still on probation or parole on a previous offense.

    Your Aunt needs help. This is how domestic violence works and is why the state is reticent to dismiss charges just because the potentially abused person recants or states an opinion to the contrary.

    The family needs to get together and help her out of this abusive situation.

  8. #8
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    Oct 2006
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    Default Re: Is the Public Defender Giving My Aunt False Hope

    Quote Quoting cbg
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    But a month ago her boyfriend got into a heated argument with her pregnant daughter, grabbed a pistol (he is a convicted felon btw) and went outside and shot the gun into the ground 4 times.

    when the cops showed up my aunt's daughter actually told the cops that he did it and they arrested him

    Even though he did not have the gun on him when he was arrested her being an eyewitness was enough to get him arrested for possession of a gun by a convicted felon.

    You seem to be saying first, that the daughter was somehow in the wrong for telling the truth about what happened, and that the cops were somehow in the wrong to arrest him unless they personally see a gun in his hand. Is that, in fact, what you are attempting to say?
    Based on the last paragraph from his original post I don't think that is what he is attempting to say:

    My family wants him in jail but my aunt needs him to help pay bills without him she is struggling to keep the house hold above water. I am trying to help her as well and need to be prepared to help her long-term if her boyfriend is likely going to go away for awhile. Based upon what I know it sounds like he is but I would like to hear others who are more familiar with the law give insight.
    It sounds more like he is trying to be prepared to help his aunt if he needs to be.

  9. #9
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    Massachusetts
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    Default Re: Is the Public Defender Giving My Aunt False Hope

    I'd like to hear if from him, if you don't mind.

    the daughter "actually" told the cops...implication disbelief. Why would she do that?

    "even though he did not have the gun on him" the cops STILL arrested him. How could they do that?

    I don't doubt that he wants to help his aunt. I question what he thinks would be valid help.

  10. #10
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    Default Re: Is the Public Defender Giving My Aunt False Hope

    Quote Quoting cbg
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    I'd like to hear if from him, if you don't mind.

    the daughter "actually" told the cops...implication disbelief. Why would she do that?

    "even though he did not have the gun on him" the cops STILL arrested him. How could they do that?

    I don't doubt that he wants to help his aunt. I question what he thinks would be valid help.
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