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    cynthia73's Avatar
    cynthia73 Posts: 2, Reputation: 1
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    #1

    Oct 27, 2009, 05:53 AM
    About my brothers caseback in 1995
    Can my brother get 15 years for a charge that he already done time for and the charge he has now has nothing to do with the crime 15 years ago and he already served 6 years for his crime and now he has a gun charge and they are trying to hold him for his past record and I don't think they can do that when he already did his time 15 years ago
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Oct 27, 2009, 06:02 AM

    If he did his time, met the probation requirements (if he was, in fact, on probation), no, he cannot be sentenced a second time for the same crime.

    I don't know what you mean by holding him for his past record. If you are asking if he is being charged with a higher level of crime because he is a two time offender, yes, his criminal history certainly can come back and haunt him.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #3

    Oct 27, 2009, 06:07 AM

    Hello c:

    If you want help, you're going to have to spell out exactly what happened in DETAIL. These matters are important, and every detail counts...

    However, off the top, your brother is a convicted felon and is NOT allowed to be in possession of a gun - ever.

    excon
    cynthia73's Avatar
    cynthia73 Posts: 2, Reputation: 1
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    #4

    Oct 27, 2009, 02:23 PM

    Yes he is a felon and he hasn't been in trouble for 15 years and now he just got arrested in June for having a gun and some drugs and they have him in jail because they say he is a flight risk and he wasn't going anywhere and they came and arrested him a day before court and wouldn't let him be bonded out because they thought he wouldn't show up in court for his trail but has a record that is 15 or 16 years old and they are using that againest him and this is his frist time for a gun charge
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #5

    Oct 27, 2009, 04:45 PM
    Quote Originally Posted by cynthia73 View Post
    yes he is a felon and he hasnt been in trouble for 15 years and now he just got arrested in june for haveing a gun and some drugs and they have him in jail because they say he is a flight risk and he wasnt going anywhere and they came and arrested him a day before court and wouldnt let him be bonded out because they thought he wouldnt show up in court for his trail but has a record that is 15 or 16 years old and they are useing that againest him and this is his frist time for a gun charge

    Again - felons can't have guns. He isn't being arrested because of his old crime. He's being arrested because of the conditions attached to his "old" crime!
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