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    truly09's Avatar
    truly09 Posts: 7, Reputation: 1
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    #1

    May 22, 2012, 11:38 AM
    Felon with firearm no evidence
    My brother was put in jail for felon with firearm but they have no evidence of the gun except word of mouth he had one.
    smoothy's Avatar
    smoothy Posts: 25,492, Reputation: 2853
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    #2

    May 22, 2012, 12:13 PM
    Quote Originally Posted by truly09 View Post
    My brother was put in jail for felon with firearm but they have no evidence of the gun except word of mouth he had one.
    YOU don't think they had evidence... but they obviously had enough evidence to convince a grand jury to get an arrest warrant against him (or just convince the prosecutor of it). And that will be used in court against him.
    truly09's Avatar
    truly09 Posts: 7, Reputation: 1
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    #3

    May 22, 2012, 12:25 PM
    There was never a warrant for his arrest. He and his girlfriend got into an argument where the police was called and they questioned her and her brother about did my brother have a weapon. They never found a weapon and my brother is awaiting a court date to give his plea of guily or not.
    smoothy's Avatar
    smoothy Posts: 25,492, Reputation: 2853
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    #4

    May 22, 2012, 12:27 PM
    SO he's in jail now without being arrested? How long has he been in jail so far on this? I assume the charges are pending and imminent then or they would have released him.

    Was he on parol for anything?
    truly09's Avatar
    truly09 Posts: 7, Reputation: 1
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    #5

    May 22, 2012, 03:10 PM
    Quote Originally Posted by smoothy View Post
    SO he's in jail now without being arrested? How long has he been in jail so far on this? I assume the charges are pending and imminent then or they would have released him.

    Was he on parol for anything?
    No he wasn't on parole he did 7 yrs flat. Yes he is in jail now has been there since 3/27 they picked him up at her house. Yes the charges are pending but the DA called her and said they were accepting the charges.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #6

    May 22, 2012, 03:36 PM
    Sorry no, if he has been in jail since 3/27, he was either on parole or probation, or he has been formally charged. Are you sure he may not have signed a waiver to his first appearance ?

    He can not legally be in jail for 2 months and not be on a probation/parole hold, or be charged, just is not possible
    truly09's Avatar
    truly09 Posts: 7, Reputation: 1
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    #7

    May 22, 2012, 04:20 PM
    Quote Originally Posted by Fr_Chuck View Post
    Sorry no, if he has been in jail since 3/27, he was either on parole or probation, or he has been formally charged. Are you sure he may not have signed a waiver to his first appearance ?

    He can not legally be in jail for 2 months and not be on a probation/parole hold, or be charged,, just is not possible
    What is formally charged
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    truly09 Posts: 7, Reputation: 1
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    #8

    May 22, 2012, 04:24 PM
    You mean he was charged with the crime. No he went to court and got a bond on the charges that's all. He has a court date next week to plea guilty or not the state DA has accepted the charge he has against him.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #9

    May 23, 2012, 06:25 AM
    Hello t:

    He's charged. That isn't the issue.. The issue is can they convict him based on hearsay... I say they can't... He needs a good lawyer, in any case.

    excon
    truly09's Avatar
    truly09 Posts: 7, Reputation: 1
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    #10

    May 23, 2012, 07:05 AM
    Thanks excon

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