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My boyfriends charges are for carrying concealed weapon in zero tolerance & possession of stolen prop. Will he do a lot of time?

Allentown, PA |

I think he also had a warrant for missing court for being arrested for jumping a turnstile.
He is 21.
Arrested February 13, 2013 in Brooklyn, NY.

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Attorney answers 4

Posted

It is unclear from your question whether the charges are in New York, Pennsylvania or both. In any event he is looking at incarceration on the gun charge and needs an experienced criminal defense attorney to limit what happens to him.

Posted

It is not clear to me either, but it seems most likely that the charges referred to here originate in New York. Gun offenses are treated very seriously, especially in light of recent highly publicized tragedies involving gun violence. This is not a favorable time to be facing charges like these. If, as I suspect, the jurisdiction involved is New York, I would suggest you repost this question to show New York City (?) instead of Allentown PA. Good luck.

Posted

It's going to depend on a lot of things. Including his prior record. You need to provide more information about the case to get a more precise answer. I suggest talking to a criminal defense attorney.

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Posted

I agree with prior counsel that you need to clarify whether the gun offense occurred in PA or NY. I'm assuming the gun charges occurred in PA since that's where you posted this question and the matter in Brooklyn was the warrant for jumping the turnstile in the subway and then failing to appear in court. Based on that assumption, the Brooklyn warrant is the least of your boyfriend's concerns as his "quality of life" crime in Brooklyn is a minor one that will likely be handled by a fine. That being said, because he missed court and there's a warrant out for him, if NY wants to make your boyfriend's life difficult, they could extradite him back to New York once he's completed his matter in PA. I doubt that NY would go to that trouble for such a minor offense but it is a possiblity.

Now to the gun charges, the time he faces if convicted will be determined by his prior record. If it's minimal, it's possible that he could get a long period of probation or a county sentence. However, any past criminal record and he's likely looking at a state sentence. And, if he has prior felony convictions that prohibits him from carry a firearm, then he's facing a significant state sentence that could range anywhere from 3 to 5 years upstate.

Below I have attached a link to the PA Sentencing Guideline Matrix, which should give you an idea of the type of sentences he's looking at if you know what his Prior Record Score (PRS) is. You many not know it exactly but if you consult with an attorney who gets his record, interviews him and speaks with the DA, you should be able to learn what his PRS is. If he is charged with VUFA (Violations of the Uniform Firearms Act) Section 6106, which is carry a firearm concealed on his person or in a vehicle, the offense gravity score (OGS) is a 9. So, if you go up the left side of the matrix to 9 and then go across to what his PRS is, you will see what a standard range sentence for that offense with your boyfriend's background would be. He could get less, he could get more. But, it gives you an idea of where the judge and DA are looking to start. If he fights the case and loses, has a prior history, has a past of violating probation, etc., he's looking at receiving an aggravated sentence, meaning one above the standard range of the guidelines. If he pleads guilty and does not have past problems, it's possible that he could receive a sentence below the standard range of the guidelines.

If he is charged with VUFA 6105, that means that he has a prior conviction for a felony such as possession with the intent to deliver narcotics, robbery, aggravated assault, burglary, multiple theft convictions, rape, etc. That would put his OGS at a 10 and his PRS would obviously be higher because he has those past convictions. If that is the case, then he is almost certainly looking at considerable time in a state prison.

It is important that you consult with a local criminal defense attorney who is experienced with motions to suppress. Most possessory offenses, such as the one your boyfriend is charged with here, are won and lost on motions to suppress. Meaning, if the firearm was recovered off of him, from his car, his home or some other location where he has an expectation of privacy, did the police conduct a proper search or did they violate your boyfriend's privacy rights when performing the search. If his rights were violated during the search and his attorney can successfully argue that before a judge, the case will be won as the motion to suppress will be granted and the DA will be prohibited from introducing the gun at trial and therefore will have no case.

However, if the motion to suppress is denied, then the case obviously becomes more difficult as the prosecutor can introduce the gun. I hope this assist you and I wish you and your boyfriend the best of luck.

Brian M. Fishman
fishmanlaw@gmail.com
www.PhillyCriminalDefense.blogspot.com

The posting of an answer to this question in no way creates an attorney-client relationship between myself and any reader. I always suggest you contact and hire a lawyer to receive legal advice.

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