Criminal

Asked about 1 year ago - Ocala, FL

Average jail time for a felon found with a gun, ammunition, paraphanelia, and less than 20g of marijuana. 2nd offense for the gun within 5 years

Attorney answers (7)

  1. James W Chandler

    Pro

    Contributor Level 13

    12

    Lawyers agree

    Answered . The marijuana and paraphernalia charge are the least of the worries. The felon in possession, under Florida law, could be a three year minimum mandatory, if in actual possession. If in constructive possession, no minimum mandatory, however, can carry up to 15 years. Also, the defendant may be eligible for enhance,nets under Habitual Felony Offender.

    Watch put, they could take Federal. I practice in Federal Court in the middle district of Florida, as well as all state courts.

    The biggest issue is how they found the firearm. You need to hire someone ASAP.

  2. Thomas Klemens Almquist

    Contributor Level 12

    11

    Lawyers agree

    Answered . I agree with Mr. Chandler. The paraphernalia and marijuana charges are not to be worried about nearly as much as the gun charge.
    The maximum sentence on that is 15 years. There is a minimum mandatory of 3 years if it is considered o be actual possession; that is, if it was on the defendant's person.
    The "average jail time" depends very much on the person's scoresheet, a listing of all of their prior convictions. It also depends on the prosecutor assigned to their case. With at least a prior gun charge you are likely looking at a number of years in prison.
    Get an attorney. Keep your mouth shut. Listen to your attorney.
    There may be defenses to the charges that can help a lot.

    Many attorneys, including myself, offer free consultations. I practice in Ocala in both state and federal court.
    Good luck.

    Thomas Almquist

    The Law Office of Thomas Almquist
    901 NW 8th Avenue, Suite C-7
    Gainesville, FL 32601

    (352) 278-0230

    Thomas@almquistlaw.com
    www.almquistlaw.com

  3. Jack Richard Lebowitz

    Pro

    Contributor Level 18

    11

    Lawyers agree

    Answered . I agree with Mr. Jones, you definitely need the best criminal attorney you can find and, while I'm not a FL attorney, you're probably not looking at jail time but serious prison time.

    If I had to tease out the elements of the situation, I wouldn't worry too much about less than an ounce of marijuana and some paraphernalia (unless you are still on active parole and under community supervision), but I'd definitely be VERY concerned about the "felon with a gun" and "second offense" part of the charges.

    I'm sure you realize that's a big "no no" and you're looking at some serious time there, and may need to look into defenses (such as the search and how the gun was found, etc., so that the evidence might be suppressed). Get an attorney, and best of luck.

    This answer is provided under the Avvo.com “Terms and Conditions of Use” (“ToU”), particularly ¶9 which states... more
  4. Frank Mascagni III

    Contributor Level 20

    10

    Lawyers agree

    Answered . You need to retain a criminal defense lawyer in your area ASAP to defend you on these serious charges. Good luck.

    I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this... more
  5. Gregg R. Brennan

    Pro

    Contributor Level 12

    8

    Lawyers agree

    Answered . You're definitely looking at prison time, and you need to hire an experienced criminal defense attorney now to assist you with this matter. As Mr. Chandler notes, there are several issues that relate to how severe the consequences may be and you need the facts with your attorney, and only your attorney, not your mom, your girlfriend, or anyone else.

    An attorney-client relationship is NOT created by the answering of this question. If you would like to discuss... more
  6. William A. Jones Jr.

    Pro

    Contributor Level 20

    9

    Lawyers agree

    Answered . WOW. You need to spend your time seeking counsel from the best criminal defense attorney you and yours can afford. You need to prepare an effective defense so that maybe you don't have to worry whether your sentence is above average, below average, or just about right.

  7. Stephen Ross Cohen

    Contributor Level 20

    7

    Lawyers agree

    Answered . You will have a hard time with any judge, look up the word sociopath. You do not seem to want to live by the rules imposed in this society and the judge will probably look at you as a danger to the community.

    My name is Stephen R. Cohen and I have practiced over 38 years and can be reached at 213-819-1171. I practiced... more

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