n2DeeP

[wEallnEEdhElp]

What is the name of your state? Florida

What is the name of your state? Florida
Before anyone gets too judgmental remember we all make mistakes, we just need to be sure to learn from them...

In Dec. my boyfriend was arrested around 2 a.m. after a nightclub had just ended because a "victim" called police and stated that my boyfriend and his friends were driving around the parking lot brandishing guns and threatening people,in the end of the call he states he himself was also a victim. The caller gave a description of the two vehicles and the direction in which the vehicles were headed. My boyfriend and his friends were stopped and drawn from there vehicles. Officers searched their cars and found no weapons. Officers tried to contact the victim on the night in question but he did not answer his cell phone. Around 3 am an officer on foot found 6 handguns located behind a building they saw my boyfriend's vehicle emerge from. This is after a K-9 and several other officers could not find anything. Around 3 am my boyfriend was being questioned by the burglary unit because patrol officers contacted them in reference to a bulletin received. They said the two vehicles were suspected of committing numerous burglaries in the northern part of the town. My boyfriend had supposedly been identified just two days earlier from a store's camera and confirmed by the store's manager as having used a credit card belonging to a burglary victim soon after the burglary occurred. He ahd no active warrants,however. Around 6 am my boyfriend and the passenger in his vehicle had their apartments searched. My boyfriend's apartment had no contraband however his friend's apartment had several hundreds of stolen items including pricey plasma t.v.s and jewelry. My boyfriend was charged with possession of a firearm by a convicted felon and 2 counts of fraudulent use of a credit card.
In Feb. he was charged with aggravated assault with a deadly weapon and 6 counts of burglary and 2 counts of grand theft and 2 counts of petit theft. The officers claim that my boyfriend led them to each of these six houses during the night in Dec and admitted to burglarizing each. There is no audio or signed confession. The friend whose apartment it was claimed that my boyfriend had brought all of the stolen property to his house.
According to the discovery the evidence is as follows: Video tapes from three stores, with only one store tape supposedly producing positive indentification and fingerprints from the receipt taken days later, pawn slips in my boyfriend's name with some stolen items, a police scanner, crowbar and other tools taken from the vehicle in Dec, and stolen rare currency found in my boyfriend's car in Dec, $3611 in cash taken from his vehicle in Dec. (he doesn't work), they claim to have latent prints but they do not identify the owner (my boyfriend swears they can't be his). One of the burglaries he is charged with, another individual has been arrested for (no association), the victim identified the individual arrested (not my boyfriend), and she described another car. The initial call in Dec the officers did not conduct an indepent investigation into the validity of the caller and in the beginning of the 911 tape he clearly says, "Y'all watch this". He and my boyfriend had gotten into a confrontation and this was his retaliation. The description of the suspect in the videos from the other two stores match the description given by police of the aggravated assault victim. The points of entry are different in the burglaries, the items stolen differ some having stolen firearms others having the guns left in place.Some of the six handguns stolen were linked to burglaries in and around the city.

I know this is really long, but I figured I needed to lay the background. My questions are:
1.Whether the continued detention of my boyfriend was legal being that the caller was not identified until nearly a month later? That night no independent investigation was conducted into his reliability.
2.Can a conviction be sustained without a confession that is signed or recorded in some media? There were no prints found on the handguns although officers say my boyfriend and his friends confessed to placing the firearms there. In the affidavit the officers say my boyfriend took them to the houses that were burglarized, but then would only confess after being confronted with evidence.
3.If the confessions are considered valid, can they be invalidated by officers asking leading questions or doing things such as driving my boyfriend to only the burglarized houses in the wee hours and then asking, "You robbed this house didn't you?"
4.Is the identification by the store manager admissible, being that the manager knew my boyfriend from a previous jail stay? He was only shown two license photos, one of my boyfriend and the other of another suspected participant in the burglaries.
5.Can my boyfriend be convicted on the testimony of a co-conspirator alleging that my boyfriend bought all of the stolen items to his house? Possession is 8/10 of the law and technically they were in his friend's apartment so it's his friend's stuff, right?
6.Throughout the numerous affidavits there is a name sworn to have a primary role. However, no one in the vehicle was named that, the officers place this unknown individual in both cars once as a passenger and again as a driver. Can the contrasting and incorrect information be used in my boyfriend's favor?
7.Can my boyfriend allege that this particular burglary unit has a vendetta against him because he was arrested and sat in jail for six months after being apprehended in an affluent neighborhood. The officer said he "just didn't belong there and that's why he was stopped." He was acquitted.
8.After reading this post does anyone think that if they were sitting on a jury they could believe my boyfriend innocent of the egregious acts alleged against him?
9.Any suggestions, points, or alternative views and arguments are greatly appreciated. He was able to recover his vehicle from forefeiture after the City failed to hold the proceedings in the mandated time.

FoR LovE onE wiLL dO CrAZy ThiNGS...*

 

[CdwJava]

1.Whether the continued detention of my boyfriend was legal being that the caller was not identified until nearly a month later?

More than likely, yes. His attorney should know the answer for HIS situation.

That night no independent investigation was conducted into his reliability.

Not necessary that night.

2.Can a conviction be sustained without a confession that is signed or recorded in some media?

Yes. It is arguable, but it can be sustained.

There were no prints found on the handguns although officers say my boyfriend and his friends confessed to placing the firearms there. In the affidavit the officers say my boyfriend took them to the houses that were burglarized, but then would only confess after being confronted with evidence.

These are pretty solid circumstances.

Your boyfriend sounds like a real catch (I'm being facetious) ... find a new boyfriend.

3.If the confessions are considered valid, can they be invalidated by officers asking leading questions or doing things such as driving my boyfriend to only the burglarized houses in the wee hours and then asking, "You robbed this house didn't you?"

Not likely, but possible. Again, his attorney should know the circumstances and the strength of the case.

4.Is the identification by the store manager admissible, being that the manager knew my boyfriend from a previous jail stay? He was only shown two license photos, one of my boyfriend and the other of another suspected participant in the burglaries.

Of course it's admissible.

5.Can my boyfriend be convicted on the testimony of a co-conspirator alleging that my boyfriend bought all of the stolen items to his house? Possession is 8/10 of the law and technically they were in his friend's apartment so it's his friend's stuff, right?

Yes, he can be convicted.

6.Throughout the numerous affidavits there is a name sworn to have a primary role. However, no one in the vehicle was named that, the officers place this unknown individual in both cars once as a passenger and again as a driver. Can the contrasting and incorrect information be used in my boyfriend's favor?

Maybe. Maybe not. Again, his attorney ...

7.Can my boyfriend allege that this particular burglary unit has a vendetta against him because he was arrested and sat in jail for six months after being apprehended in an affluent neighborhood.

He can allege anything he wants.

8.After reading this post does anyone think that if they were sitting on a jury they could believe my boyfriend innocent of the egregious acts alleged against him?

I think there is a strong case against him and he needs to stop giving any details to a girlfriend who can be called to testify against him.

Keep in mind that you are not a witness and he is telling you tales to make himself look as good as possible. At best he keeps bad company ... at worst, he's an armed thug.


- Carl

 

[outonbail]

What is the name of your state? Florida
Before anyone gets too judgmental remember we all make mistakes, we just need to be sure to learn from them...

I agree with this statement. However you need to distinguish the difference between making a mistake and making a choice.

I've cut out the parts of you're post that have no relevance and replied to the remaining details below.

In Dec. my boyfriend was arrested around 2 a.m. after a nightclub had just ended because a "victim" called police and stated that my boyfriend and his friends were driving around the parking lot brandishing guns and threatening people
The caller gave a description of the two vehicles and the direction in which the vehicles were headed. My boyfriend and his friends were stopped and drawn from there vehicles. an officer on foot found 6 handguns located behind a building they saw my boyfriend's vehicle emerge from.
the two vehicles were suspected of committing numerous burglaries in the northern part of the town.
My boyfriend had supposedly been identified just two days earlier from a store's camera and confirmed by the store's manager as having used a credit card belonging to a burglary victim soon after the burglary occurred.

My boyfriend's apartment had no contraband however his friend's apartment had several hundreds of stolen items including pricey plasma t.v.s and jewelry.
My boyfriend was charged with possession of a firearm by a convicted felon and 2 counts of fraudulent use of a credit card.
In Feb. he was charged with aggravated assault with a deadly weapon and 6 counts of burglary and 2 counts of grand theft and 2 counts of petit theft.
The officers claim that my boyfriend led them to each of these six houses during the night in Dec and admitted to burglarizing each.
The friend whose apartment it was claimed that my boyfriend had brought all of the stolen property to his house.

According to the discovery the evidence is as follows: Video tapes from three stores, with only one store tape supposedly producing positive indentification and fingerprints from the receipt taken days later, pawn slips in my boyfriend's name with some stolen items, a police scanner, crowbar and other tools taken from the vehicle in Dec, and stolen rare currency found in my boyfriend's car in Dec, $3611 in cash taken from his vehicle in Dec. (he doesn't work) Some of the six handguns stolen were linked to burglaries in and around the city.

1.Whether the continued detention of my boyfriend was legal being that the caller was not identified until nearly a month later? That night no independent investigation was conducted into his reliability.

I would think his reliability was confirmed when the six guns were located in the area you're boyfriends vehicle emerged from. You would have to be a fool to believe the discovery of six stolen guns being made on you're boyfriends warm trail, was simply an amazing coincidence.

2.Can a conviction be sustained without a confession that is signed or recorded in some media? There were no prints found on the handguns although officers say my boyfriend and his friends confessed to placing the firearms there. In the affidavit the officers say my boyfriend took them to the houses that were burglarized, but then would only confess after being confronted with evidence.

At the very least, each of these details are another nail being driven into his coffin.

3.If the confessions are considered valid, can they be invalidated by officers asking leading questions or doing things such as driving my boyfriend to only the burglarized houses in the wee hours and then asking, "You robbed this house didn't you?"

No.

4.Is the identification by the store manager admissible, being that the manager knew my boyfriend from a previous jail stay? He was only shown two license photos, one of my boyfriend and the other of another suspected participant in the burglaries.

Yes

5.Can my boyfriend be convicted on the testimony of a co-conspirator alleging that my boyfriend bought all of the stolen items to his house? Possession is 8/10 of the law and technically they were in his friend's apartment so it's his friend's stuff, right?

Possession is simply that you posses something, meaning you have immediate access and control over an item(s) Having possession of stolen property in itself, doesn't necessarily mean you were the one who stole the property to begin with. It is obvious however, that you received the stolen property from someone or somewhere at some point. The Easter Bunny, Santa Clause and Tooth Fairy don't steal or deliver stolen merchandise, even though they are as real as the belief that possession is 8/10 of the law.

6.Throughout the numerous affidavits there is a name sworn to have a primary role. However, no one in the vehicle was named that, the officers place this unknown individual in both cars once as a passenger and again as a driver. Can the contrasting and incorrect information be used in my boyfriend's favor?

If you're boyfriend can identify and/or bring them to this mystery person, they may cut him a little better deal, depending on how much of a role this other person played or how bad they want him in custody. But I wouldn't expect miracles, even if he did agree to do this.

7.Can my boyfriend allege that this particular burglary unit has a vendetta against him because he was arrested and sat in jail for six months after being apprehended in an affluent neighborhood. The officer said he "just didn't belong there and that's why he was stopped." He was acquitted.

You're boyfriend can allege anything he wants but it doesn't prove he is innocent of the charges against him in this case. Being acquitted of the past crime doesn't necessarily mean he was innocent or not involved in the crime. It happens all the time, so the officers wouldn't take it as personally as you believe they would. Usually they just tell themselves that there will be a next time, as there usually is. You're boyfriend's new cases are an example of this. If the officers made mistakes in the other arrests which resulted in evidence being suppressed, they usually take more care in the collection of evidence the next time around. You know, they "Learn by their mistakes"

8.After reading this post does anyone think that if they were sitting on a jury they could believe my boyfriend innocent of the egregious acts alleged against him?

No, but I also believed OJ was guilty, so what I believe doesn't have any bearing on you're boyfriends case.

9.Any suggestions, points, or alternative views and arguments are greatly appreciated. He was able to recover his vehicle from forefeiture after the City failed to hold the proceedings in the mandated time.

I think you're in love with a criminal who needs to be locked up for many many years. He is a threat to the safety and well being of the general public. It is only a matter of time before he kills someone or gets himself killed by a homeowner protecting their family and property.
You began you're post by saying everyone makes mistakes and needs to learn by them. Well, you're boyfriend is not learning from them. Since he's being charged with a felon possessing a gun, he was already a felon, with a criminal history way before all the criminal activity you mention here occurred. So he's not learning from his mistakes, because they are not mistakes, they are planned out, premeditated acts. He is making choices and he chooses to commit these crimes, they don't happen by mistake.

The biggest mistake I'm reading is the one his girlfriend is making by having anything at all to do with such scum. These crimes he's being charged with are probably just the tip of the iceberg. How many crimes has he really been involved in? You said yourself that ,"He doesn't work", so where do you believe he gets the money he has? How does he afford a car, gas, food, clothing, an apartment and the towing/storage fees for getting his car back? If he doesn't work a legitimate job, then he is most likely selling illegal drugs or robbing and committing burglaries to support himself.
Do you think it is fair that someone who has worked hard for everything they have should be robbed of their belongings so that you're boyfriend can take you out and give you gifts?

He's a liar, a thief and a loser times ten! You should be sick to you're stomach for even associating yourself with such trash and here you are looking for a way out, or a loophole for him to be acquitted on once again and this is truly sad. I hope you come to you're senses and dump this garbage before you end up having this dirtbags child and get stuck having to keep in contact with him for years to come.

FoR LovE onE wiLL dO CrAZy ThiNGS...*

Only when it's blind love! Open you're eyes and take a good look at what you claim to love.

 

[wEallnEEdhElp]

While I appreciate the information, the name calling is not needed or appreciated. This is a legal forum, the only insight you are going to get on what an individual is really like is through the troubles they are facing and the crimes they are asking for assistance with. I know my boyfriend's true worth and although he has been in trouble before I believe the circumstances surrounding his detention and arrest are questionable. An integral principle in the U.S. justice system is "Innocent until proven guilty" and so as far as I am concerned the instances should be viewed as mere coincidences. Furthermore, the gifts my boyfriend bestowed upon me were from money gained through previous employment, not proceeds from illegal activities. Nonetheless, you would be surprised how many of the supposedly hard working individuals in this society were able to put their foot in the door through illegal activities. He made a mistake in the past and he was working to rectify his problem. Again, I appreciate the information, but I would prefer that which comes without personal bias...

 

[fairisfair]

While I appreciate the information, the name calling is not needed or appreciated. This is a legal forum, the only insight you are going to get on what an individual is really like is through the troubles they are facing and the crimes they are asking for assistance with. I know my boyfriend's true worth and although he has been in trouble before I believe the circumstances surrounding his detention and arrest are questionable. An integral principle in the U.S. justice system is "Innocent until proven guilty" and so as far as I am concerned the instances should be viewed as mere coincidences. Furthermore, the gifts my boyfriend bestowed upon me were from money gained through previous employment, not proceeds from illegal activities. Nonetheless, you would be surprised how many of the supposedly hard working individuals in this society were able to put their foot in the door through illegal activities. He made a mistake in the past and he was working to rectify his problem. Again, I appreciate the information, but I would prefer that which comes without personal bias...

Both posters who answered you treated you with great respect. Alot more thqn either one of you deserve.

You are not in a position to dictate by whom, or how the answers are provided in this forum.

Your boyfriend isn't worth the cell it will take to lock him up in. Yeah, innocent until guilty, keep saying that to yourself, on the way to visit him in prison and on the way home. You are either extremely naive or just plain stupid. If you dump his sorry butt today, then I will guess you are just very naive, but I am willing to bet you will still be with him tomorrow, which makes you just plain stupid.

 

[wEallnEEdhElp]

You know your ignorant comments and name calling are just motivation to me. They said his car could not be retrieved from the forfeiture action, we did it, pro se. So, I'll be naive, I'll be stupid, he'll be whatever you decide to label him, but I won't be wasting my time responding to individuals, hidden by a computer, who wish to criticize based on incomplete information. Like I said previously, I appreciate the information provided to me by the individuals who provided it.

 

[Ozark_Sophist]

The circumstances surrounding your bf's arrest are legitimate. In fact, I would consider it excellent police work to get six guns off the street. There is a witness to the display of guns, the vehicles involved, the recovery of the weapons, and a confession.

 

[fairisfair]

You know your ignorant comments and name calling are just motivation to me. They said his car could not be retrieved from the forfeiture action, we did it, pro se. So, I'll be naive, I'll be stupid, he'll be whatever you decide to label him, but I won't be wasting my time responding to individuals, hidden by a computer, who wish to criticize based on incomplete information. Like I said previously, I appreciate the information provided to me by the individuals who provided it.

You are obviously very young, you must be, because people involved in the type of life that your boyfriend has, well, qite honestly, they don't generally live very long, or if they do, it is in a jail or a prison. How long will he be locked up? How much of your life are you willing to have go by while you wait for someone like him? Is this the man that you want to teach your children what it means to be a man? Is this the person whose friends you want to surround your family? Seriously NeedHelp, you do need help, you need help to get far and fast away from this person who will bring you nothing but grief.

 

[Ozark_Sophist]

You are obviously very young, you must be, because people involved in the type of life that your boyfriend has, well, qite honestly, they don't generally live very long, or if they do, it is in a jail or a prison. How long will he be locked up? How much of your life are you willing to have go by while you wait for someone like him? Is this the man that you want to teach your children what it means to be a man? Is this the person whose friends you want to surround your family? Seriously NeedHelp, you do need help, you need help to get far and fast away from this person who will bring you nothing but grief.

I second this comment.

 

[wEallnEEdhElp]

WeallneedHelp, I wasnt referring to you, i was referring to FairisFair, sorry about the confusion, please reread it.

That wasn't directed at you, it just took me a while to get my comment posted, so your post ended up ahead of mine...It was directed at the individuals calling my intelligence into question and belittling my boyfriend as less than a man. I understand the comments made about him being a role model for children, etc., but like I stated previously, the only aspects available for people on this forum to make judgments about his character are the negative ones. Airbaby I appreciate your optimism.

 

[Ozark_Sophist]

That wasn't directed at you, it just took me a while to get my comment posted, so your post ended up ahead of mine...It was directed at the individuals calling my intelligence into question and belittling my boyfriend as less than a man. I understand the comments made about him being a role model for children, etc., but like I stated previously, the only aspects available for people on this forum to make judgments about his character are the negative ones. Airbaby I appreciate your optimism.

I honestly don't know of any positive qualifications a man could have to offset the negative aspects described in your post. My advice is look for someone without the negative baggage.

 

[Ozark_Sophist]

After reading this thread:
I'm not a glass half full person;
I'm also not a glass half empty person;
I'm a halfway to the next glass kind of person.

 

[outonbail]

9.Any suggestions, points, or alternative views and arguments are greatly appreciated.

Doesn't read like you greatly appreciate the suggestions and alternative views as much as you suggested you would. What I suggest, is you print out this thread and hold on to it. Then in a few years take it out and read it to yourself. You'll probably know by then, why everyone is suggesting that you put as much distance between yourself and this criminal boyfriend as possible.

Maybe it will take a little longer, but I can assure you, the day will come where you will wish you took this advice now, while you have the opportunity to escape the life you're headed for with this angry, dangerous scumbag.

 

[Airbaby1969]

I guess each and everyone of you, has listened to every bit of advice given to you when it came to relationships, no matter what you say about her relationship, she is going to do what she feels is right. She isnt here asking for relationship advice anyway, she is here asking about legal possibilities and probabilities. Maybe if everyone would stop bashing and judging her, you could see what the real questions are. I can guarantee you, they arent questions about how she should handle her boyfriend. When did everyone on here become so perfect? And what gives you the right to push your personal values on someone else? why would you even WANT to do that? What are you hoping to accomplish? A sense of temporary superiority? Or perhaps it just fills that gap in your life, called "being human".

 

[Ozark_Sophist]

8.After reading this post does anyone think that if they were sitting on a jury they could believe my boyfriend innocent of the egregious acts alleged against him?

No.

9.Any suggestions, points, or alternative views and arguments are greatly appreciated. He was able to recover his vehicle from forefeiture after the City failed to hold the proceedings in the mandated time.

Suggestion - move on.