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  #1  
Old 09-09-2016, 10:11 PM
NotWithoutFight NotWithoutFight is offline
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Default Caught up in a bad lifetime movie! Hes facing 20 years! please help!

The summary of our situation is this:

My boyfriend and I are both recovering drug addicts with 3.5 years and 1.5 years clean respectively. We have a three month old son together. I am not a felon, but my boyfriend is- and is also on probation after serving 4 years for manufacturing and dealing methamphetamine and possession of a firearm. we live a beautiful, clean, and happy life with our son. I have always owned firearms. I owned one from before i met my boyfriend and recently purchased a collector's item shotgun and a small handgun, although i cannot prove that i bought them. I kept them in our home for protection when he goes out of state for long trips for work. our town is dealing with a rising rate of home invasions and i am a new protective mother. recently a reliable source tipped off the probation department via state police that the firearms were in our home. our house was raided and now he sits in prison awaiting sentencing on a level 4 posession of a firearm by a serious convicted felon. he is facing to max out at 12 years for the new charge and 8 years for backup time. heres the plot twist- it is becoming clear that the informant is an immediate family member of mine whose motives were fueled by jealousy, self loathing, drug addiction, mental instability, and sociopathic manipulation.

i have so many questions. im not even sure how specific i can be on here. my first is this. he was called into court to be detained while the search was going on. he was not home. is that still considered possession?

how long does a motion of discovery take? he has met with our attorney who has shown him one document that stated "a family member contacted state department". is the name of the individual likely to come out?

my greatest fear is that confronting this family member to protect myself and my son would fuel this person into manipulating the prosecution by stating that he is being threatened by my boyfriend from prison. even though my boyfriend will have no contact with him and would do no such think. we are dealing with the mind of a very sick person who is likely to create evidence to establish a case that he is being threatened. if i confront him, and he goes to the prosecution, could that hurt my boyfriends case? in that case, should I not confront him even if i am worried about my own safety? in other words act dumb and play it cool from a distance?

this is a really bad situation. i am worried about my familys safety and future. my son deserves to know his father who did nothing wrong except allow me to feel safe in our home! any advice is appreciated thank you!
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  #2  
Old 09-09-2016, 10:19 PM
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I don't see that confronting the family member would be of value to you, particularly if you believe them to be unstable. At the very least it could look like harassment. On a practical level, I'm not sure what you would hope to gain by contacting them. They've shown their willingness to interfere in your life already.

I do believe possession of a firearm includes any firearms discovered in his legal residence. I would try looking up "constructive possession" laws for your state.

Last edited by miamac; 09-09-2016 at 10:43 PM..
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Old 09-09-2016, 11:33 PM
NotWithoutFight NotWithoutFight is offline
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the issue is that this family member while clearly unstable is very closely connected to my family. i see him every weekend when he comes to visit my son with other members of my family. he acts and serves the role he is supposed to play in my family. while he has done many bad things, he is still there always being given the benefit of the doubt. before i found out that it was him who told, this man was calling me daily for updates about the case, telling me to kiss my son goodnight for him, even showed up in court during my boyfriends initial hearing and drove me around town while i cried afterward. i say he is unstable in that mentally he is capable of doing just about anything to get what he wants. he is a liar and very vindictive, as i have witnessed in his behavior with others. i am unsure still as to his exactive motive but my only guess is that it was jealousy of my boyfriends ability to care for and protect me, and even fix things around the house. changing my behavior will tip him off that i know the truth, but playing along will mean allowing him to come near me and my son because he is extremely close to us. i mean, what the hell do i do? this man took away my son's fathers ability to hold his newborn son i do NOT want this man anywhere near me. but as of a week ago, this man was in my living room holding my son in his lap.
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Old 09-09-2016, 11:59 PM
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Unfortunately, regardless of the motivation for you owning the guns or the motivation for the family member to report things, a felon cannot constructively possess a firearm. Whether he is home or not doesn't matter because it's within his domicile. This is something that is made very clear in criminal proceedings and by parole and probation departments when a felon is sentenced and when they are given any sort of conditional release. I'm not certain if there are exceptions for antiques or what those exceptions might be but you've said here yourself that you bought the weapons for protection, not display, so I am not sure how much of a defense that might be.

I wish I could be more optimistic, and perhaps someone out there knows some exceptions and exemptions that I don't, but you might be stuck between a rock and a hard place here.

You're most likely going to have to hope that the attorney can work a better deal than that max-out.

Good luck.
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Old 09-10-2016, 12:11 AM
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Is he considered a "serious violent felon"? I'm curious because what I'm finding for Indiana is primarily in regard to a "SVF" in possession. And they cite the potential sentencing (as of July1, 2014) as:

Indiana Code 35-47-4-5(c) states: “A serious violent felon who knowingly or intentionally possesses a firearm commits unlawful possession of a firearm by a serious violent felon, a Level 4 felony.” One facing a Level 4 felony could serve anywhere from 2 to 12 years in prison, so being a SVF and possessing a firearm is an offense that carries significant possible penalties.
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Old 09-10-2016, 05:56 AM
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1) mental stability of the individual is a moot point...they provided information that was clearly correct

2) weapons were in the house

3) any discussion by OP *or* the boyfriend with the family member can be considered tampering or worse

4) OP needs to stop discussing the case online since, as anyone in this day and age should know, prosecutors LOVE social media. When there is an unusual set of circumstances, it is not that difficult to discern who is being discussed if the prosecutor is so inclined to look online...

5) depending on the facts of this specific offense, it could come down to whether the weapons were stored in a manner that absolutely, positively could not be accessed by the felon. In other words, if OP had them in a room occupied SOLELY by the OP and they were kept locked AND the felon had absolutely zero access to the room, then some jurisdictions will find that possession did not occur. However, given the reference to having a son together, I have a feeling that such a showing cannot be made...
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Old 09-10-2016, 07:13 AM
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I'd just like to address the issue of the family member.
This is quite the situation. One one hand you say you are close with this person but on the other feel very betrayed by them.
For SURE, I'd not confront them about what happened.
Rather I'd probably end up asking other family members to tell him not to come over any more. If asked why by those family members, I'd simply say.....he will know why.
Then I'd never ask about him again, and probably ask other family members to not share anything about the case against your bf to that person either. IF they cant do that, fine. They are out of my life as well.

as to the rest of it? I can only say I wish you guys the best.
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Old 09-10-2016, 07:43 AM
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Does your family member (that you suspect informed on your boyfriend) have a history of hoplophobia (fear of weapons?)

It could be that he wasn't comfortable with the firearms around with the baby in the house, and saw dropping a dime a quick way to get the firearms out of your house, since he knew your boyfriend was prohibited from being around them and the police would likely confiscate the guns as part of the case, achieving the goal of getting them away from your baby.

In which case, you might want to be very careful before you purchase any more firearms, as this individual could resort to further desperate acts if he finds out about them.

I'd definitely sever all ties with this family member and keep him out of your life. Someone who betrays his own family like that can't be trusted for anything.
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Old 09-10-2016, 09:19 AM
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you say you have a child with this man and that you're a very protective mother. If so, do not contact the family member about this case or you risk having the state come in and raise your kid while you're doing time. Then again, you'll be a felon, so actually owning a firearm won't be a problem for you or your boyfriend anymore.
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Old 09-10-2016, 11:41 AM
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If I read the original post correctly, he is on probation for meth manufacture and possession of a firearm.

Obviously, he knew he could not reside in a residence where firearms were present.

Indiana does not play with firearm offenses especially repeat offenses.

It is very likely that a long term of confinement is in his future.

Sorry to be the bearer of bad news but you need to prepare yourself.

Lastly, the residence was subject to search at any time which is a common probation and parole condition in every state including Indiana.

Take Care....Chris
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Old 09-10-2016, 11:53 AM
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First of all he's on probation. He knew that he shouldn't be around firearms period being it was his address they have the right to search his home at any hour if the day. So with that being said he will probably get a long sentence. I think all states are pretty harsh when it comes to someone being on probation or parole and having a gun.
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Old 09-10-2016, 12:10 PM
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Quote:
Originally Posted by chris idoc View Post
If I read the original post correctly, he is on probation for meth manufacture and possession of a firearm.

Obviously, he knew he could not reside in a residence where firearms were present.
This is jurisdiction-specific. In some jurisdictions, the State has no objection to being IN the residence where firearms are maintained. Instead, the driving factor is ACCESS to said firearms...

Granted, it does seem that the Northern jurisdictions tend to be a little more Draconian no matter whether a felon or not...but there ARE occasions in which Party A can own/possess firearms without the State handling supervision of Party B who resides in the residence of Part A having cause to seek a warrant for the arrest of Party B.
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Old 09-10-2016, 12:20 PM
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If this is Monroe county they cannot posses firearms period.
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Old 09-10-2016, 03:38 PM
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Of course is it a sad and frustrating situation for you as you just got separated from your mate, are now caring for your baby alone, and feel betrayed by a family member. I hope you can hang in there and work through some of these emotions

HOWEVER this is really not an unusual set of circumstances, nor a warrant for the drama of a lifetime movie. Didn't you know you weren't supposed to have firearms in the house of a felon?? I'm kinda shocked by this. Especially since he's a "serious" felon whose charges already included firearms. And if bc you don't have a record, you really didn't know, I'm absolutely blown away he didn't tell you. Kinda 101, and I'm sure he knows this. So he wasn't doing you a favor to "allow you to protect yourself" - just the opposite as he put himself in the great likelihood of needing to be separated from his family and returning to prison. I'm pointing this out to you so you can see some of the responsibility and assist in moving forward away from anger for the betrayer and court system.

I too am aware there's some serious time attached to that and they will absolutely revoke parole/probation for it, so I agree with the previous comments.... It could be awhile Of course there's always the variables of the court jurisdiction, the current climate of politics, and the lawyer he has. So I'd refer to them regarding legal matters.

You shouldn't have to push yourself to pretend to be friends with the guy you suspect. I like the previous poster's comment abt having a family member (or friend) let him know you don't want any contact right now.

And in the future, be sure to stay aware that you CAN'T KEEP GUNS IN THE RESIDENCE WITH A FELON PAROLEE!!

Last edited by TawnyStar; 09-10-2016 at 04:07 PM.. Reason: sp
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