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vandago



Registered: 07/07/04
Posts: 20,917
Loc: .
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Taking a weapons charge to trial.
#14505447 - 05/24/11 04:51 PM (12 years, 8 months ago) |
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I have a pre trial a week from today. I have a charge of weapons under disability as well as several drug charges.
They have not offered me any sort of deal except to plead guilty and throw myself on the mercy of the court.....so my lawyer says.....
He says taking the guns to trial is a bad idea.....but they really wernt my guns....I never once shot them, used them, carried them on me. My grandfather is willing to testify they are his, and my brother is the one who previously slept in my room and he put them there, he was going to take the stand and say his piece.
If I get found guilty of the weapons charges i read its mandatory 3-5 year sentence? Is this possible to get suspended? If so I should just take the guns to trial and not pleas out.....I mean if I get the time no matter what I should try fighting it shouldn't I?
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numonkei
Back! From thedigestive tractof dave theiguana!

Registered: 04/12/06
Posts: 2,500
Loc: A Tree
Last seen: 6 years, 10 months
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Re: Taking a weapons charge to trial. [Re: vandago]
#14507858 - 05/25/11 12:26 AM (12 years, 8 months ago) |
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...You are a prior felon? On probation?
You aren't giving even me much to google on, much less John, Alan, or one of the strong ones give you a solid answer, but if you are speaking of mandatory minimums then firearms are not your friend. We are assuming they are illegal, or why would you be asking this?

Articulate, but if you are on probation or a prior felon and were charged with unregistered firearms then you are...not okay.
~Monk
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vandago



Registered: 07/07/04
Posts: 20,917
Loc: .
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Re: Taking a weapons charge to trial. [Re: numonkei]
#14508282 - 05/25/11 03:00 AM (12 years, 8 months ago) |
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I was on treatment in luei of conviction.
I entered a guilty plea but they with held it so I was technically not a convicted felon, but I was under court supervision.
The guns belonged to the owner of the house, my grandfather, who is willing to testify. However the guns were in the room I was sleeping in ( his old room ).
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Le_Canard
The Duk Abides


Registered: 05/16/03
Posts: 94,392
Loc: Earthfarm 1
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Re: Taking a weapons charge to trial. [Re: vandago]
#14508314 - 05/25/11 03:16 AM (12 years, 8 months ago) |
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Quote:
vandago said: The guns belonged to the owner of the house, my grandfather, who is willing to testify. However the guns were in the room I was sleeping in ( his old room ).
Seems to me that would count for a lot, but you know these prickish DA's. Anything for a conviction.
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Humility
Working on it



Registered: 10/07/08
Posts: 6,745
Last seen: 6 years, 11 months
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Re: Taking a weapons charge to trial. [Re: Le_Canard]
#14509850 - 05/25/11 01:12 PM (12 years, 8 months ago) |
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Vandango you sure do seem to get into a lot of trouble homes...
--------------------

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vandago



Registered: 07/07/04
Posts: 20,917
Loc: .
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Re: Taking a weapons charge to trial. [Re: Humility]
#14510167 - 05/25/11 02:32 PM (12 years, 8 months ago) |
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It's the same damn case.
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vandago



Registered: 07/07/04
Posts: 20,917
Loc: .
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Re: Taking a weapons charge to trial. [Re: vandago]
#14510178 - 05/25/11 02:35 PM (12 years, 8 months ago) |
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I caught it back in december and it's just now unfolding in the court room.
It's the same case from back in feb I was posting about.
My record is only 1 felony conviction prior to this, and that conviction is the reason I was on treatment in luei in the first place.
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Humility
Working on it



Registered: 10/07/08
Posts: 6,745
Last seen: 6 years, 11 months
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Re: Taking a weapons charge to trial. [Re: vandago]
#14510488 - 05/25/11 03:45 PM (12 years, 8 months ago) |
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Well best of luck homie. Hope to see you free and clear ASAP.
I'm pulling for ya.
--------------------

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vandago



Registered: 07/07/04
Posts: 20,917
Loc: .
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Re: Taking a weapons charge to trial. [Re: Humility]
#14510508 - 05/25/11 03:48 PM (12 years, 8 months ago) |
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I just can't see the logic in pleading guilty to the original charges......especially the guns which I've never used.
It's a mandatory sentence, and I'm gonna get it either way... I just feel like the judge will fuck me on the drug charges if I fight the guns.....my lawyer said shes gunnin for me 
And my lawyer is the biggest piece of shit ever.
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Anonymous #1
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Edited by Anonymous (02/03/13 01:22 PM)
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Anonymous #2
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Re: Taking a weapons charge to trial. [Re: vandago]
#14519841 - 05/27/11 08:38 AM (12 years, 8 months ago) |
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Quote:
vandago said:
I entered a guilty plea but they with held it so I was technically not a convicted felon.
Quote:
vandago said:
My record is only 1 felony conviction prior to this
Not convicted? Convicted? Whatever. Either way if while on probation or being a convicted felon you can have access to guns in domicile. I.E. they need to be in a locked case in a bedroom or room you dont and can't have access through unless you use excessive force. Having them in your room weather you put them there or not is your responsibility. If you where try to argue the gun case then why aren't you trying to argue all the drugs aren't yours either. You have to look at it through the courts eyes my friend.
Edit: made one to many quotes.
Edited by Anonymous (05/27/11 12:25 PM)
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Alan Rockefeller
Mycologist


Registered: 03/10/07
Posts: 48,276
Last seen: 12 hours, 31 minutes
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Re: Taking a weapons charge to trial. [Re: Anonymous #1]
#14520419 - 05/27/11 11:54 AM (12 years, 8 months ago) |
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Quote:
Yrtlzmo said: Here's the link to the episode: http://www.thisamericanlife.org/radio-archives/episode/385/pro-se
It's act two, it's seriously interesting, TAL is the best radio show out there in my opinion and his story reminded me of yours vaguely based on my memory of it, certain elements anyway
Cool radio show
Here is another episode I heard last week that is really good, seemed like a good idea at the time.
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vandago



Registered: 07/07/04
Posts: 20,917
Loc: .
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Re: Taking a weapons charge to trial. [Re: Anonymous #2]
#14520864 - 05/27/11 01:28 PM (12 years, 8 months ago) |
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Quote:
Anonymous said:
Quote:
vandago said:
I entered a guilty plea but they with held it so I was technically not a convicted felon.
Quote:
vandago said:
My record is only 1 felony conviction prior to this
Not convicted? Convicted? Whatever. Either way if while on probation or being a convicted felon you can have access to guns in domicile. I.E. they need to be in a locked case in a bedroom or room you dont and can't have access through unless you use excessive force. Having them in your room weather you put them there or not is your responsibility. If you where try to argue the gun case then why aren't you trying to argue all the drugs aren't yours either. You have to look at it through the courts eyes my friend.
Edit: made one to many quotes.
Right Im on probation from the first case which was was supposed to be a treatment in lieu....then once prob was over I get the guilty pleas dropped.
I fucked up treatment, so the pleas were entered....so I have a felony conviction on my record.
My lawyer says the same thing you do....which is the same thing I was kinda thinking. If the drugs are mine it's damn hard to say the guns wernt......I just cant fathom having all these charges on my record.....If I'm going to serve 3-5 I should do it under ONE charge.....not 7.....fuck this country.
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P-O
#AnyoneButHarper



Registered: 05/13/09
Posts: 13,636
Loc:
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Re: Taking a weapons charge to trial. [Re: vandago]
#14542285 - 05/31/11 07:28 PM (12 years, 7 months ago) |
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get a new lawyer and fight it. you have people that are gonna testify for you..
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vandago



Registered: 07/07/04
Posts: 20,917
Loc: .
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Re: Taking a weapons charge to trial. [Re: P-O]
#14542758 - 05/31/11 09:13 PM (12 years, 7 months ago) |
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Doesn't matter I don't think. I was on court supervision....was given two weeks to rid my house of weapons....they were found in my room.
Doesn't matter who owns the guns, or even who carries them. If I live in a household with them state law says the guns must be kept in a safe or a locked room I can not have access to.
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Anonymous #3
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Re: Taking a weapons charge to trial. [Re: vandago]
#14543400 - 05/31/11 11:23 PM (12 years, 7 months ago) |
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Quote:
vandago said: Doesn't matter I don't think. I was on court supervision....was given two weeks to rid my house of weapons....they were found in my room.
Doesn't matter who owns the guns, or even who carries them. If I live in a household with them state law says the guns must be kept in a safe or a locked room I can not have access to.
looks like you answered your own question. best of luck man
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