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-   -   Felon with firearm no evidence (https://www.askmehelpdesk.com/showthread.php?t=662502)

  • May 22, 2012, 11:38 AM
    truly09
    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.
  • May 22, 2012, 12:13 PM
    smoothy
    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.
  • May 22, 2012, 12:25 PM
    truly09
    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.
  • May 22, 2012, 12:27 PM
    smoothy
    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?
  • May 22, 2012, 03:10 PM
    truly09
    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.
  • May 22, 2012, 03:36 PM
    Fr_Chuck
    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
  • May 22, 2012, 04:20 PM
    truly09
    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
  • May 22, 2012, 04:24 PM
    truly09
    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.
  • May 23, 2012, 06:25 AM
    excon
    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
  • May 23, 2012, 07:05 AM
    truly09
    Thanks excon

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