Notice to new members intending to register - from January 9th 2012

missingaj7 · #1 06-16-2012, 11:03 AM

My boyfriend who was on parole and was going to be done with hi parole in march 2013 was charged in feb of having a weapon not to be carried by a felon. He was on parole for a gun charge it's his first parole violation at his preliminary hearing they said 6 months to 5 years... We doubt it will be six months... We don't know when he will be sentenced we have no date yet anyone in a similar situation, or know about time ? Thanks in advance

DzWifey08 · #2 06-16-2012, 11:52 AM

Did the Feds take the case? That is usually what happens. If so they go by points that they get from prior history. Mine got 2 years for it.

missingaj7 · #3 06-16-2012, 08:32 PM

I don't think they did... They mentioned something bout points i forget how many points he has now... How many did he have ??

Mcox'sbabygirl · #4 06-16-2012, 08:33 PM

Mine got 2 also

missingaj7 · #5 06-16-2012, 09:36 PM

That's what we were thinking thank you

DzWifey08 · #6 06-16-2012, 11:03 PM

Mine had 14...he was med security. Anything 11 and under is min security. Fed time is alot less stressful. Do your reasearch on those fed prisons around you and have one recommended by the judge...9 of 10 times the judge grants it.

missingaj7 · #7 06-17-2012, 06:46 AM

I think he had 9 I think... How do I know If the Feds picked it up or not?? He keeps talking about going upstate ASAP lol he along with everyone else don't wanna be in county

**bobble60** · #8 06-17-2012, 07:58 AM

In PA, this is almost certainly a state charge. How much time he gets for the new charge will be based on his priors. The fact that he was on parole for a gun-related felony doesn't look good for him.

He will also become a CPV, so he forfeits all his street time from the first case. The Board will determine how much time he serves on that case before they "roll him over" to serve the new sentence.

missingaj7 · #9 06-17-2012, 12:49 PM

His prior before didn't relate to a gun this Is his first weapon charge

christik999 · #10 06-17-2012, 06:33 PM

Quote:

Originally Posted by missingaj7

His prior before didn't relate to a gun this Is his first weapon charge

he is saying i think this counts as a new charge , and he loses his street time from the 1st time he was parole , so he must serve the rest of that charge , and be sentanced and serve the new charge

missingaj7 · #11 06-17-2012, 07:29 PM

Ohhh ok thank you! So we're looking at a good amount of time huh?

jamesgrl08 · #12 07-04-2012, 01:09 AM

My bf is in the same boat but his first and only charge was drugs now 10 months later he gets locked up for a gun now his po said they might take his time back but my thing is he only has until July 23, 2013 on his first case can they hold him past that date?! Cause to my knowledge he will b done wit his first case of 3-6 yrs! He didn't go to trail for the gun yet he spent a month In county & the state paid his bail and came and got him today I rush they let him stay in cfcf

**bobble60** · #13 07-08-2012, 07:59 AM

Possession of a firearm by someone convicted of a felony or misdemeanor in PA is a felony. If he was held over for trial by a magistrate district judge or the Philadelphia Municipal Court, then he is a CPV in the eys of the PBPP.

As a CPV, he will be recommitted to the DOC. The Board will decide how much of his street time they take back. (They can take all of it). That time will then be added to his max date. Also, they will impose a parole hit, which is typically 12 months for a new violation. At the end of that hit, they will decide if he is re-paroled or gets another hit.

Once he is re-paroled or hits his re-computed max date, he will be "rolled over" to serve whatever sentence was imposed for the new charge. The sentence for the new charge can't be concurrent to Board action under PA law, regardless of what any judge tries to do in any courtroom.

It's actually better that he went back up-state, because the Board clock started running on that date. He will get credit for the time spent prior to that and it will go toward the sentence for the new charge. If it's a county sentence (less than 24 months max,) he could already be done with it and thus his parole hit is all he has in front of him.

jamesgrl08 · #14 08-02-2012, 11:17 PM

Hey bobble they gave him a 6 month hit for a technical violation (being out past 6pm) if he best his which he most likely will he can come home November 18th he said they also counted his time in the county it was a month in a couple days.

**bobble60** · #15 08-05-2012, 07:54 AM

Sounds like things went very well for him. I hope he is more careful in the future.

missingaj7 · #16 08-05-2012, 04:34 PM

He got a plea bargin for 5 to 10.... He is in the process of figuring out if he wants it or if he wants to go to trial

ExConSuccess · #17 08-31-2012, 08:51 AM

If they are offering 5-10 and won't wiggle, he probably has to take 5-10 -- unless he genuinely didn't have the gun. If he had the gun, he needs to man up and take his bid. Or risk the max. Felon = no gun, period. I remember having a plea offer for 19 + years. With a good trial attorney, I received a 2 year offer the night before trial (which I took). However, I paid large sums of money to an ex-head DA and had questionable evidence.

Without questionable evidence AND a good attorney, the decision to fight has to be weighed against the maximum potential consequence. As we all know, we are penalized for using the justice system. You go to trial and lose, you get the max.

**bobble60** · #18 09-02-2012, 07:01 AM

Given the recent murder of a Philadelphia police officer by an ex-felon with ahistory of violent offenses, I would think that plea offer is about as good as it's going to get, especially if this was in Philadelphia.

Embalmer · #19 11-24-2012, 03:01 AM

Quote:

Originally Posted by bobble60

Possession of a firearm by someone convicted of a felony or misdemeanor in PA is a felony.

With all due respect, I'm not sure that is the case. Can you show me a Pennsylvania statute that says that someone convicted of a misdemeanor cannot lawfully possess a firearm? I know that Federal law prohibits those convicted of misdemeanor crimes of domestic violence from possessing firearms, but I am unaware of a law that says that anyone who has ever been convicted of any type of misdemeanor cannot possess firearms. If what you are saying is true, then anyone convicted of, say, a first offense DUI would never be able to lawfully hunt with a firearm. Again, I don't think that is the case.

Incidentally, thanks for all that you. I have a great deal of respect for you and your work.

**bobble60** · #20 11-25-2012, 10:30 AM

Thank you for getting me to check deeper; This is the current law in PA, found at Title 18, Section 6105. This link will get you to the front page of the site. Click on Title 18 PaCSA and then Article G and Chapter 61:

http://weblinks.westlaw.com/result/d...sr=TC&vr=2%2E0

There are some misdemanors in Section (B), which is the list of enumerated offenses. The law also affects those with DUI convictions, which are not felonies. The good news is that misdemanors do not fall under Federal laws, and the re-instatement process in PA would then hinge only upon the passage of 10 years (not including time spent in prison) for a misdemeanant.

Furthermore, the Commonwealth prohibits possesion by anyone subject to (federal) 18 USC 922(g) under Section (c)(9) of 6105. Under 922(g)(1), any conviction which could be punished by more than one year is ground for prohibition, and that would take in all M-2s and M-1s in PA. Now the language in 6105 is vague, because it seems to suggest that this 18 USC 922(g) criterion would only apply if there was a family relationship between the defendant and the victim. (It comes down to a period between two adjacent sentences; should it have been a comma?) The best answer is to contact the local sheriff and see if an application would be approved. Back to the OP: A felon is clearly not able to possess a firearm in PA.

I learned something today.

Embalmer · #21 11-25-2012, 08:24 PM

The information contained on the following link speaks to the issues I addressed above:

http://www.northumberlandsheriff.com...m_brochure.pdf

Rmysticalgal · #22 03-02-2013, 02:08 PM

My husband is dealing with this very situation. He was arrested for this gun charge and he was just sentenced this week. It is a state sentence and because he is an ex-felon even with the plea the judge gave him 2-7 yrs. The lawyer I hired for him said because of his background and priors his sentencing guidelines had him starting at 3 1/2 yrs so I guess the 2 yr min is good? Also Bobble maybe you can answer this for me when it came to the background they used 2 charges that he received as a juvenile can they really do that? I thought that charges you received as a juvenile shouldn't count when it comes to cases u catch as an adult. I thank you for any information you can give me.

**bobble60** · #23 03-03-2013, 06:52 AM

Although a juvenile record is sealed from public view, the courts never lose the power to look back at it and consider it. Turning 18 does not erase one's criminal past.

Rmysticalgal · #24 03-03-2013, 12:58 PM

I know it wouldn't erase the history of his priors as a juvenile but I really don't think its fair that they could use something from when he was a kid to sentence him now.

**bobble60** · #25 03-17-2013, 07:06 AM

We could debate what is "fair" all day. If the juvenile arrests look like part of a pattern (or the beginning of it,) then the court will see that. if they were way off in another direction, the court would dismiss them as not important.

On the one hand, we want the judge to look at the "whole picture" when it comes to all the things the defendant has in his favor ... as opposed to a sentencing scheme based solely on the current charge and ignores everything else. But then we must also take the bad with the good and permit the court to see everything that may be relevant.

If we just sentenced the offense, I can assure you we'd be handing out much longer sentences. If we want the court to sentence the offender, and therefore take in the big picture, then we can't blind the court to the bad things that happened before.

Lastly, if the courts sent the message that juvenile adjudications don't count once you're an adult, our juvenile crime rate would probably soar.