My fiance has two state felonies. One he served 9months (possession of controlled substance) the second he served two years out of 3 (unlawful possession of firearm by felon). Five years later, he has his life on track, wasn't getting into trouble, his family depending on him. Over Easter weekend, he attempted to get his baby, the mother of his child and her new boyfriend tried to run him over, the mother's boyfriend threatened to shoot him. Flashed a gun to him once before, and said he would shoot him on an occasion after Easter. In a moment of fear, the week leading up to him going to get his baby, he bought a gun. About two days later, he thought better and was on his way to turn it in when he got pulled over. Atf took over, and now we need help, advice, what to expect. Anything. Help!
If ATF took over case, it is federal. Needs federal criminal attorney. Re-tagging
He can expect time because he is a felon in possession of a weapon. Regardless of "fear", he cannot possess a weapon. He should have notified police of the threat.
(And he could not have served 2 out of 3 years on a state jail felony - state jail felony max is 2 years.)
It is most likely worth betting on that he would get a better deal if he pleads out than if he goes to trial. His lawyer should be posturing for the best deal possible, which he probably is at this moment right now. Best of luck
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He needs a good lawyer. Check with a couple of us in this area and go with the one you like the most. Many of us have free consultations. Good luck.
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