Felony firearm

[CplusC]

What is the name of your state? Michigan

My name is Courtney and so is my boyfriened's. Thus the CplusC! i am posting this to ask if anyone knows about felony firearms in michigan.
Here is the situation: My boyfriend is a felon from a previous charge and conviction last march. He recently was put on tether. about one week ago he and his friend were going to work and his friend had a fire arm in the car. he told his friend that the firearm had to be removed from the car because he could not be around one. his friend put the firearm in my boyfriend's house and they left. after finding out that he was not needed to work, he then went home and went back to bed. his friend left forgetting the firearm at his house. about 3 hours later, my boyfriend awoke to find out that he had police in his house and police searching his garage. the police had a warrant to search the garage for stolen goods, (his roomates were suspected of stealing stuff). he heard the police and panicked and threw the gun out the window. the officer that was searching the garage witnessed him throwing the gun out of the window. she radioed in to the police inside and informed them of the situation. the raced upstairs and arrested him. he was charged with (1) violation of probation; (2) possession of felony firearm (3) felony firearm

What i want to know is (1) is this a case of double jeopardy? (the two charges for the firearm; (2) he was offered a plea bargain of 7 and 1/2 years is that the maximum he can do? or will that be what he does? (3) is the court appointed attorney just trying to get him to plea bargain because he doesnt want to go through a full trial, or is it in his best interest to take the plea bargain?(4) will the federal courts more than likely step in if he does not take the plea bargain? (5) how much time are we looking at? (6) what can i do to help him out? and (7) is there a chance that he can go to boot camp?

 

[CdwJava]

What i want to know is (1) is this a case of double jeopardy? (the two charges for the firearm;

Uh ... no. That is NOT what "double jeopardy means. He CAN face multiple counts.

(2) he was offered a plea bargain of 7 and 1/2 years is that the maximum he can do? or will that be what he does?

Without knowing his prior criminal history, this is almost impossible to answer. His attorney should be able to answer that question, though I'm going guess it is less than the maximum.

(3) is the court appointed attorney just trying to get him to plea bargain because he doesnt want to go through a full trial, or is it in his best interest to take the plea bargain?

That's HIS decision. Given the evidence, he's stone cold dead if he goes to trial. Tossing it out his window is pretty clear possession and knowledge that it is a violation of his parole.

And what on Earth was he thinking living with thieves? He sure hasn't learned a lot.

(4) will the federal courts more than likely step in if he does not take the plea bargain?

Why? Is he facing federal charges?

They can step in whether he pleads or not. If they have charges, they can hit him with them whether or not the state hammers him.

(5) how much time are we looking at?

"We" aren't looking at any time ... you aren't going with him, are you?

HE is looking at possibly 7 1/2 years if he accepts the plea .... and maybe parole in half that time.

(6) what can i do to help him out?

Pay for a good attorney.

and (7) is there a chance that he can go to boot camp?

I don't know. If I had to guess, I'd say, no.

- Carl

 

[CplusC]

Reply and asking for more help

What is Double Jeopardy?

(2) he was offered a plea bargain of 7 and 1/2 years is that the maximum he can do? or will that be what he does?
Without knowing his prior criminal history, this is almost impossible to answer. His attorney should be able to answer that question, though I'm going guess it is less than the maximum.
His prior criminal history is felonious assault, which gave him 6 months in jail, 6 months on tether and 3 years probation. and he did some counseling. NBow does that help?

3) is the court appointed attorney just trying to get him to plea bargain because he doesnt want to go through a full trial, or is it in his best interest to take the plea bargain?
That's HIS decision. Given the evidence, he's stone cold dead if he goes to trial. Tossing it out his window is pretty clear possession and knowledge that it is a violation of his parole.

And what on Earth was he thinking living with thieves? He sure hasn't learned a lot.

He did not know he was living with theives, they kept to them selves and didnt bother to tell him any of their business. they no longer reside in his house i got rid of them, especially after i found out what they were stealing, i am soglad that he didnt know. and i am so glad that the police didnt find what they were looking for other wise i am SURE that would not have helped him any.

 

[CdwJava]

What is Double Jeopardy?

Essentially being tried twice for the same crime. Charging for overlapping offenses is not "double jeopardy".

His prior criminal history is felonious assault, which gave him 6 months in jail, 6 months on tether and 3 years probation. and he did some counseling. NBow does that help?

Not much ... but, I'm not familiar with MI sentncing laws. But, if I had to guess, the 7 1/2 years is looking pretty good with that history. He MIGHT be able to do better, but that would really depend on MI law.

He did not know he was living with theives, they kept to them selves and didnt bother to tell him any of their business.

Sorry. I don't buy that he was that ignorant. It has long been my experience that birds of a feather flock together. Even if he turned a blind eye toward their actions, he had at least a very good idea of what they were up to.

they no longer reside in his house i got rid of them, especially after i found out what they were stealing, i am soglad that he didnt know.

Good for you on getting rid of them ... though I doubt he did not know or suspect what they were up to.

and i am so glad that the police didnt find what they were looking for other wise i am SURE that would not have helped him any.

Unfortunately they got him for something as bad. And I doubt a court is going to buy his excuse. I know that I have heard the same story a couple dozen times ... "someone left it ... I forgot about it ... it's not mine - honest." It just is not going to ring true. Especially since he conveniently remembered it when the cops were outside.

I'm afraid he's going up state for a while.

- Carl