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felon in possession of gun

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My son was convicted of unlawful transaction with a minor.(He was smoking pot with his girlfriend and they taped it. That was the evidence.) They told him they would forget it if he bought some drugs so they could arrest someone else. He refused. Anyway, he was stopped on a traffic violation, pulling out of an alley too slow. He was drinking, but wasn't drunk. They searched the car and found his dad's gun. The gun was stolen. His dad had bought the gun from a deputy sherrif the year before. They arrested him. They had charged him with receiving stolen property and felon in possession of a gun. They dropped the first charge. They wanted him to plead guilty and take a year. He refused. He goes to court Feb. 29. His court appointed lawyer wanted him to take the deal. He said they would try to charge him with being a persistant felon. He only has the one felony conviction. His probation also got revoked. He's been in jail 4 months. They gave him 3 and one half years. He's just come up for shock probation but feels he won't get it because he has this other hanging over his head. He doesn't feel his lawyer is helping him any. He hasn't asked him his side of the story. He hasn't talked to anybody else. How can he defend him in court when he doesn't know anything about the case? What are his chances? Should he have taken the deal?


Senior Member
Whether he should have taken the deal or not is something that I can't answer. What I can answer is "What should he do now?"

That answer is clear -- get some highly competent legal advice from a good private criminal defense atorney -- even if other family members need to pay for that advice separately and the lawyer you consult with does not handle the rest of the case you'd be paying for a second opinion.

Also recognize that this kid has real serious problems -- "only 1 felony" is not a small thing. And driving "almost drunk" -- my words, not yours -- and being a felon with a gun are not small things. (Did he know about the gun in the car -- I'll bet he did, yet that might be the only viable defense - apart from the possibility -- a tough one - of an illegal search of the car and quashing any evidence illegally obtained.) This kid has to sit up and fly right, soon. Two felonies are much worse than 1 also. In some states it can be life without parole for 3.

This is intended as general information only and NOT LEGAL ADVICE. You are not my client, and I have no obligation of any kind to you. To retain a lawyer, go to http://AttorneyPages.com

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