My boyfriend was arrested the day before thanksgiving. He is charged with possession of marijuana, obstruction of justice, possession of a schedule 1 or 2 Drug, and possession of a firearm. This is his first offense. It's November 30th and he just now had his arraignment today. Bail wasn't discussed at this time so his lawyer has made a motion for a bail hearing. How long will it take to see a judge? What are the odds he will even get bail?
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Bail hearing for inmate
- Thread starter sunbun
- Start date
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quincy
Senior Member
What is the name of your state, sunbun, or, if your boyfriend is in a state other than yours, what is the name of that state?
Your boyfriend is certainly charged with violating a lot of laws. The possession of drugs with possession of a firearm is a dangerous combination. The obstruction of justice is interesting.
Please provide more details (absent any personal identifying information).
quincy
Senior Member
Thank you for providing the name of your state, sunbun.
First, here are two links with information, the first to the laws of Virginia showing in what cases bail is allowed and the conditions of bond (see in particular section 19.2-120), and the second to the Virginia Bail Association which shows what non-bondable offenses are.
http://law.lis.virginia.gov/vacode/title19.2/chapter9/
http://vabailassociation.org/?p=143
As to whether your boyfriend will be given bail, that is a question mark, but I think it unlikely based on what you have said.
If your boyfriend fled with his gun when he ran from the police, this will make a difference in the obstruction of justice charge and bail. The fact that your boyfriend was in possession of a gun and drugs other than marijuana makes a difference in bail. These both appear to be non-bondable offenses.
Your boyfriend should ask all questions of his attorney as his attorney is in the best position to know what the possible outcomes are for him. But I think you might want to plan on your boyfriend being gone for awhile.
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He didnt run with any possessions, he was unarmed. His gun was in his truck. I don't know if this makes a difference, but it's an antique shotgun. I was charged about a year ago with the same charges but I didn't obstruct justice. I got off on a years probation and community service. I'm hoping it will turn out the same for him.
Why???????
Zigner
Senior Member, Non-Attorney
Birds of a feather...
See your friends, see your future.
Excuse me? Who are you to tell me what my future it going to be. I've had my run in the judicial system and I'm a completely different person. I used to be a drug addict and now I haven't touched a drug in over a year. My boyfriend happened to be working on his situation. I was helping him through my past experiences and he was doing very well. Then this **** happens. I didn't come here to be judged, I came to ask for advice. Hence the website.
Zigner
Senior Member, Non-Attorney
People who are doing "very well" don't drive around with drugs and guns in their car...
Just sayin'
quincy
Senior Member
Running from the police was a BIG mistake (along with your boyfriend's other mistakes of possessing drugs while in possession of a gun). But at least your boyfriend did not run with his gun. I guess that's something.
Your boyfriend's situation does not sound quite as bad as it sounded before but whether he will get bail (or probation or community service in lieu of jail time) still depends on the facts of his stop, what drugs were in his possession, the amount of drugs ... and the gun is still problematic, even if it is an antique shotgun. Being in possession of any firearm when in possession of illegal drugs makes bail certainly iff-ier.
The obstruction of justice offense can be charged as a misdemeanor or a felony depending on what happened. I hope your boyfriend didn't attempt to use force against the police. Unless the charge can be reduced or dismissed, he is looking at least at a misdemeanor with one year in jail and a $2500 fine possible.
I don't know what the judge will make of it all.
You and your boyfriend really need to stop breaking laws. Prison food is horrible and conditions in jail are far less than ideal. You would not like it.
To me it sounds like he could get off without jail time. He was not violent nor has ever had any charges. The obstruction of justice was charged as a misdemeanor because it was non violent. I don't understand how people can get off with far worse crimes but it's looking bad for him. It's southwest Virginia, everyone has a gun. It should not be this serious.
quincy
Senior Member
It sounds pretty serious to me but I guess you can believe what you want to believe and you can hope for the best for your boyfriend. Time will tell.
FlyingRon
Senior Member
Are you sure he hasn't already had a stab at getting bail? It would be quite uncommon that at least an interim bond hasn't been allowed.
Have you actually talked to him? Is he trying to get out? Is he attempting to bank "time served" against his ultimate sentence.
Given the charges, I pretty much guarantee if convicted of the charges as they stand he WILL go to prison. The illegal possession of a gun is going to be hard to get around with other felonies involved.
Have you actually talked to him? Is he trying to get out? Is he attempting to bank "time served" against his ultimate sentence.
Given the charges, I pretty much guarantee if convicted of the charges as they stand he WILL go to prison. The illegal possession of a gun is going to be hard to get around with other felonies involved.
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