Check out some similar questions!

payasa14 · Nov 15, 2008, 09:57 PM

My brother got arrested for "supposably" shooting at another guy. My brother got shot in the shoulder by the other guys dad. When the police got involved they were looking for my brother and the other guy. Police found the gun that the dad shot my brother with but he did not get arrested, neither did his son get arrested. The son took all the blame so the dad wouldn't get arrested but no charges where filed against them. Later they arrested my brother for attempted murder and possession of a fire arm. They found NOTHING on him. He had court today and the DA postpone the court to present the case in front of the Feds so they could also give him time. What I'm wanting to know is can my brother be charged with possession of a fire arm if they found no gun? Also why didn't they file any charge against the dad since he was the one that shot my brother? They got away with everything. What can we do? Will the Feds charge him too? It doesn't make any sense to me because my brother was the one that was hurt and found nothing on him but the other people confessed to what they did but still no charges. Is this because their working with the cops? Nothing has been said on my brothers part.

Alty · Nov 15, 2008, 10:00 PM

Did your brother confess? Does he have a good lawyer?

They can do whatever they want, the only hope your brother has is to get a good lawyer that will fight these charges.

Good luck.

JudyKayTee · Nov 16, 2008, 08:03 AM

Originally Posted by payasa14

My brother got arrested for "supposably" shooting at another guy. My brother got shot in the shoulder by the other guys dad. When the police got involved they were looking for my brother and the other guy. Police found the gun that the dad shot my brother with but he did not get arrested, neither did his son get arrested. The son took all the blame so the dad wouldnt get arrested but no charges where filed against them. Later they arrested my brother for attempted murder and possession of a fire arm. They found NOTHING on him. He had court today and the DA postpone the court to present the case infront of the Feds so they could also give him time. What im wanting to know is can my brother be charged with possession of a fire arm if they found no gun? Also why didnt they file any charge against the dad since he was the one that shot my brother? They got away with everything. What can we do? Will the Feds charge him too? It doesnt make any sence to me because my brother was the one that was hurt and found nothing on him but the other people confessed to what they did but still no charges. Is this because their working with the cops? Nothing has been said on my brothers part.

Only the Police who know the cast of characters and the circumstances can answer this - there is no way to know what they are thinking or planning to do as we don't know what evidence exists. I am aware of your previous posts concerning gang-related activity and arrests. Do gangs figure into this problem? That could very well be the case if the Feds are involved.

Otherwise - all of the parties should get excellent Attorneys. Immediately.

Fr_Chuck · Nov 16, 2008, 02:31 PM

Feds, was he a convicted felon, if so, if he had and used a gun, they will get at least 5 years and maybe more if they Feds take the case.

payasa14 · Nov 16, 2008, 08:01 PM

But they don't know if he did or not. But how can they charge him for the gun when they found no gun on my brother?

JudyKayTee · Nov 17, 2008, 05:29 AM

Originally Posted by payasa14

But they dont know if he did or not. But how can they charge him for the gun when they found no gun on my brother?

Again, only the Police know what the situation and evidence are - if they DO charge him with no evidence the charges will (obviously) be dismissed.

From reading your other posts there are past histories involved here and those very well may enter into this, anything from gang activity to probation.

What does the Attorney say?

Fr_Chuck · Nov 17, 2008, 06:00 AM

What the other people testify to. It is possible to convict a person without finding the exact weapon, they hide it, throw it away or more,

payasa14 · Nov 17, 2008, 01:46 PM

This is the first time I write about my brother but Yes he's an active gang member. Hes been in prison before. He is well known in this town. Wow so most likely because of his past history he doesn't have a good chance?

JudyKayTee · Nov 17, 2008, 02:11 PM

Originally Posted by payasa14

This is the first time I write about my brother but Yes hes an active gang member. Hes been in prison before. He is well known in this town. Wow so most likely because of his past history he doesnt have a good chance?

There's a good chance that the Feds are involved because he's a gang member. And, yes, past criminal history and criminal associations figure into charges and sentences.

Sorry - it's your husband who's the gang member and in prison? For whatever reason I thought it was your brother.

mr206 · Nov 18, 2008, 01:10 PM

Originally Posted by payasa14

But they dont know if he did or not. But how can they charge him for the gun when they found no gun on my brother?

Witness statements and circumstantial evidence. DAs typically do not want to present a case on all circumstantial evidence, but it can be done; typically before a grand jury, as they are easier to get an indictment from.

'The Feds', as you put it, would simply be used to investigate the matter; but he will likley have a Felony possession charge, as felons cannot possess firearms, UNLESS they have applied for permission from the ATF.

-GET A GOOD ATTORNEY. He's going to need it.

payasa14 · Nov 28, 2008, 09:03 PM

What if they tested him for ODD and he did have it would that help his case at all?

Forgiveme · Nov 29, 2008, 04:29 AM

Well I know if I was to get caught with another gun, feds are coming to get me no matter if I shot someone or didn't. Strike 2 feds are coming, even in some cases now feds are picking up state cases especially weapons possession. Did your brother go to the hospital? If so then the nurse or doctor in the hospital can be used as a witness. Because they ask you what happened to you when you go to the hospital, Hopefully he told them the whole story.If no gun was found on him,that's a hard case for the D.A to prove, right now its about "he said she said".Did they test him for gun residue? was his fingerprints on the weapon? How many different slugs was found at the scene? And being that the D.A postponed lets me know they don't have a case to present to the courts at this moment, because the cops did a sh**** job on collecting evidence and statements. If in fact someone lied it will come to light. But there is something called testilying something cops do to make a case, that's why it is important for your brother to have a credible witness and a good lawyer.Did your brother write a statement at the police station?

JudyKayTee · Nov 29, 2008, 07:47 AM

Originally Posted by payasa14

What if they tested him for ODD and he did have it would that help his case at all?

Only if his Attorney plans to argue a mental defect. And the reverse of that might be if he is unable to handle his emotions he should be treated until he can.

payasa14 · Nov 30, 2008, 11:36 PM

Well I know my brother has told the judge in other court cases that he would like to get help but the judge doesn't want to test him at all. I really think ths is my brother problem and even more since he's been in prison for 4 years and most prisoners have odd. Ill tell his attorney thanks.

Fr_Chuck · Dec 1, 2008, 05:31 AM

Well telling the judge does nothing, bringing a motion before the court to prove he was not aware of his actions. Just having a minor mental issue does not change the charge or the punishment, he would have to go way past that and prove he was not aware of his actions or understood what the outcome could be to it.

excon · Dec 1, 2008, 06:43 AM

Originally Posted by payasa14

since hes been in prison for 4 years and most prisoners have odd.

Hello:

So, THAT'S what's wrong with me, huh? What is ODD anyway? Or is it that I'm just odd?

excon

JudyKayTee · Dec 1, 2008, 08:02 AM

Originally Posted by excon

Hello:

So, THAT'S what's wrong with me, huh? What is ODD anyway? Or is it that I'm just odd?

excon

I figured Attention Deficit Disorder or, in the case, Ottention Deficit Disorder.

Alty · Dec 1, 2008, 05:29 PM

Oppositional Defiant Disorder (ODD) and Conduct Disorder (CD) in Children and Adolescents: Diagnosis and Treatment

JudyKayTee · Dec 1, 2008, 05:46 PM

Originally Posted by Altenweg

Oppositional Defiant Disorder (ODD) and Conduct Disorder (CD) in Children and Adolescents: Diagnosis and Treatment

And so I have learned something - looked it up. Very interesting. I'm surprised it isn't used as a defense in Court more often - or maybe it's just to prove.

Thanks Alty!

Alty · Dec 1, 2008, 05:47 PM

No problem Judy, Google is amazing! :)

Also, my son has ADHD, so I did my research on other disorders a long time ago. :)