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-   -   Charges for felony and probation violation (https://www.askmehelpdesk.com/showthread.php?t=423521)

  • Dec 9, 2009, 03:55 AM
    koukla14
    charges for felony and probation violation
    My boyfriend is on probation for beating up his sister's ex-boyfriend a year ago.

    Then recently, his sister brought home 3 guys and my boyfriend got mad, lost his temper, as always, and wanted to fight with them. One of the guys wanted to calm my boyfriend down so he brought out a gun and tried to point it at my boyfriend. My boyfriend got scared so he snatched the gun away from the guy and the guy ran away. My boyfriend then shot the gun randomly, not directly to the guy but somewhere close to scare the guy. My boyfriend's into guns and instead of calling the police about the gun, he took the gun for himself. So the police came after the neighbors saw/heard what happened and look in his room and saw the gun.

    Basically, all the witnesses are pointing out that it was his gun. And they arrested him, went to jail for 2 hours then was scheduled for a court date.

    He went to court and he pissed of his District Attorney and the Judge. And now he's going to another court case because he was being charged with "Violation of Probation" and basically "Felony".. possession of a firearm... something like that... which he shouldn't be because he's under probation.

    Now his lawyer wanted him to come up with 30 recommendation letters from different people (church, school, work) to give to the judge so they can at least convince the judge that we were good person.

    my question/s: how big are the charges? Will the recommendation letters help him? What are the chances that he will go to jail? And if he will, how long?

    in my opinion, in some point, I want him to go to jail. I love him but he's also addicted to marijuana, and he smokes a lot, cigarettes and pot, and he doesn't really work or go to school. Basically he's lazy and the jail time would do him good and probably make him a better person.

    I didn't want to write the recommendation letter because I don't want to lie to the judge because it might affect my status. He was good and he's a good person but he's been doing more bad stuff.

    please help! Sorry if it was too long and I appreciate it if someone would answer my questions.

    THANKS SOOO MUCH! :)
  • Dec 9, 2009, 04:36 AM
    lawanwadee

    If this is in California... it would be a big issue. You would be much better off without him... get out of this relationship asap!!
  • Dec 9, 2009, 07:23 AM
    excon
    Quote:

    Originally Posted by koukla14 View Post
    basically he's lazy and the jail time would do him good and probably make him a better person.

    Hello k:

    Uhhh, no it won't. Your boyfriend won't learn anything in jail. So if you love him, do your best to keep him out. Yes, letters will help. So will a good attorney. I think he'll do some jail time. Shooting a gun at someone while you're already on probation for a violent crime, WILL land him a few years.

    excon
  • Dec 9, 2009, 08:33 AM
    koukla14
    Quote:

    Originally Posted by lawanwadee View Post
    If this is in California... it would be a big issue. You would be much better off without him... get out of this relationship asap !!!

    Actually... we kind of broke up because of it too but I just love him and I'm his only real friend... so I don't know if I should be there for him and give him a letter but the thing is, it might affect my status in the future... I'm in a non-immigrant visa... do you think if I do the letter, they would see some records that I was affliated with a person like him, who did all that and who did drugs, and probably send me back to my country?

    Yes this is in California...

    Basically we're not in a relationship anymore but I do love him and care for him a lot, especially at this time his having those problems...

    Thank you!
  • Dec 9, 2009, 08:36 AM
    koukla14
    Quote:

    Originally Posted by excon View Post
    Hello k:

    Uhhh, no it won't. Your boyfriend won't learn anything in jail. So if you love him, do your best to keep him out. Yes, letters will help. So will a good attorney. I think he'll do some jail time. Shooting a gun at someone while you're already on probation for a violent crime, WILL land him a few years.

    excon

    But he smokes a lot of pot! I think he sells some of it too... and he smokes a lot of cigarettes.. at least 2 packs a day... if he's in jail then isn't he going to do less of those one's he's there?

    And if the letters help and a good attorney, he's still doing jail time? How long do you think he'll go there?
  • Dec 9, 2009, 08:49 AM
    excon
    Quote:

    Originally Posted by koukla14 View Post
    i'm his only real friend... so i don't know if i should be there for him and give him a letter but the thing is, it might affect my status in the future... i'm in a non-immigrant visa... do you think if i do the letter, they would see some records

    Quote:

    Originally Posted by koukla14 View Post
    but he smokes a lot of pot! i think he sells some of it too... and he smokes a lot of cigarettes.. at least 2 packs a day... if he's in jail then isn't he going to do less of those one's he's there?

    and if the letters help and a good attorney, he's still doing jail time? how long do you think he'll go there?

    Hello again, k:

    Then ACT like a friend. No, they will NOT investigate YOU because you wrote a letter.

    Smoking a lot of pot should NOT bring a jail sentence. Cigarettes are legal. Besides, there's more drugs IN prison than on the street. Jail will NOT help him, believe me!

    Yes, letters will help. Yes, a good attorney will help. Will it help keep him OUT of jail? NO! It'll just help him do LESS time. I don't know how much. It's not like I can look it up in a book. Let's just say it'll probably be YEARS.

    excon
  • Dec 9, 2009, 08:52 AM
    Alty
    Quote:

    Originally Posted by koukla14 View Post
    but he smokes a lot of pot! i think he sells some of it too... and he smokes a lot of cigarettes.. at least 2 packs a day... if he's in jail then isn't he going to do less of those one's he's there?

    and if the letters help and a good attorney, he's still doing jail time? how long do you think he'll go there?

    There's nothing else to do in prison but smoke, so no, he won't be doing less in prison.

    You say you love him, that he's a good person, well then write the letter. If you're his only friend then I don't see how he's going to get 30 letters anyway, but yours will help.

    He needs help, but he won't get it by spending 20 years in prison. Either way he'll still be doing time but your letter could reduce the sentence considerably.

    This really is a no brainer.
  • Dec 9, 2009, 09:06 AM
    koukla14
    Quote:

    Originally Posted by Altenweg View Post
    There's nothing else to do in prison but smoke, so no, he won't be doing less in prison.

    You say you love him, that he's a good person, well then write the letter. If you're his only friend then I don't see how he's going to get 30 letters anyway, but yours will help.

    He needs help, but he won't get it by spending 20 years in prison. Either way he'll still be doing time but your letter could reduce the sentence considerably.

    This really is a no brainer.

    Technically, I'm his only good friend, who doesn't do bad stuff like drugs or all that... his other friends do it too so basically he was overwhelmed to meet a good person like me...

    They're giving him 90 days in jail... and a friend of mine said that jail is better than prison because they keep him inside, unlike prison and he there's more restrictions when it comes to cigarettes and all that...

    So yeah.. not prison but jail.. I don't know the difference either... hehe
  • Dec 9, 2009, 09:14 AM
    koukla14
    Quote:

    Originally Posted by excon View Post
    Hello again, k:

    Then ACT like a friend. No, they will NOT investigate YOU because you wrote a letter.

    Smoking a lot of pot should NOT bring a jail sentence. Cigarettes are legal. Besides, there's more drugs IN prison than on the street. Jail will NOT help him, believe me!

    Yes, letters will help. Yes, a good attorney will help. Will it help keep him OUT of jail? NO! It'll just help him do LESS time. I dunno how much. It's not like I can look it up in a book. Let's just say it'll probably be YEARS.

    excon

    They didn't charge him for smoking pot... they charged him for violation of probation and felony... they did find some paraphernalia in his room but I don't know if they would use that against him too...

    He said that they're trying to give him 90 days in jail... so I don't know if he's going to do the whole 90 days or just percentage of it...

    Sure cigarettes.. fine... he can probably do that in jail... but the marijuana affects him terribly... he smokes at least a gram a day and makes him really lazy and f**ked up... he broke up with me because he wasn't thinking straight because of the marijuana... I've been there for him since the beginning and was completely nice to him... he said I was the best thing in his life and his family said that too... but he broke up with me because of marijuana... he gets really agitated a lot of times with and most of the time without it... I told him to go to rehab...

    Is rehab better than jail then? Maybe he should go to rehab...
  • Dec 9, 2009, 09:21 AM
    Alty

    Quote:

    is rehab better than jail then? Maybe he should go to rehab...
    At this point that's not his choice to make, it's up to the judge and only the judge.

    We can't tell you what will happen, it's not in our hands, nor is it in yours.
  • Dec 9, 2009, 09:33 AM
    excon

    Hello again, k:

    You say above that they're going to give him 90 days in jail. I'm assuming that would be for the probation violation...

    If they're NOT going to charge him for assault with a deadly weapon, and they're NOT going to charge him as a felon in possession of a firearm, then he has been given a great big Christmas present...

    However, I've never known them to be so nice... Consequently, I wouldn't be so sure that additional charges aren't pending.

    excon
  • Dec 11, 2009, 12:38 AM
    koukla14
    Quote:

    Originally Posted by excon View Post
    Hello again, k:

    You say above that they're going to give him 90 days in jail. I'm assuming that would be for the probation violation...

    If they're NOT going to charge him for assault with a deadly weapon, and they're NOT going to charge him as a felon in possession of a firearm, then he has been given a great big Christmas present....

    However, I've never known them to be so nice... Consequently, I wouldn't be so sure that additional charges aren't pending.

    excon

    But they are charging him with felon in possession of a firearm... and he pissed of his District Attorney during the first day at court...

    So what are the chances he's going to get away with it?
  • Dec 11, 2009, 07:52 AM
    excon
    Quote:

    Originally Posted by koukla14 View Post
    what are the chances he's gonna get away with it?

    Hello again, k:

    Zero.

    excon

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