My husband was arrested and (we thought) charged with misd DUI and misd unlawful possession of a firearm. His handgun, which he voluntarily told the officer was in his glove compartment without being asked, was confiscated as well as his CHL. He bonded out the next day. 7 months later he plead guilty and was sentenced to 1 week house arrest, alcohol classes and community service. On the last day of house arrest 2 officers came to our house and arrested him....for unlawful possession, stemming from the exact same original arrest. Taken to jail, bonded out again. We thought some huge mistake had occurred. He called his lawyer the next day and his lawyer was shocked, but said what they did was legal. What?!? Apparently only the DUI charge was filed in August and then they filed the gun charge 7 months later, one day before completing his sentence. A sentence that he understandably thought either covered both charges or that the gun charge had been dropped. He never in a million years would have plead to anything if he thought that he was only pleading to DUI and they could come back and rearrest him for the gun charge at a later date. This is normal? Legal?
WOW, that is a really a chicken "bleep" way to treat people. I am sorry. I would suggest you get a lawyer that is familiar with defenses based on (perhaps) prosecutorial vindictiveness, Constitutional, due process and double jeopardy arguments. I can see several legal arguments for your case, one being a misunderstanding that the other charge was to be dismissed once he took the plea bargain. Those deals are made every day.
I know that seperate charges can be brought on cases but I have never heard of the situation you describe.
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This sounds legal, albeit strange. Did your husband post bonds on both cases when he was originally arrested? Was he given a court date on both cases? Did he complete plea bargain paperwork on one or two case? Sit down with your lawyer. Good luck.
Perfectly legal. Not the typical procedure but also not terribly unusual. If he was arrested on two charges, he should have expected to dispose of two cases. His attorney must have assumed that the State chose not to file the gun case. Unfortunately this is the kind of thing that happens when you make assumptions. His attorney should not have pled the DWI until the DA confirmed the status of the weapon charge--although it certainly sounds like he got him a great result on the gun charge. His attorney can still use this filing delay and the fact that your husband already pled the DWI to try to leverage a better result on the gun case.
On a related note, you are calling it unlawful possession. If it's a felony UPF, that's why it took longer to get a court date. Felonies have to go through the indictment process. If it's a misdemeanor UCW, the delay is more unusual but the case should be easier to dispose of.
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