07-27-2007, 06:56 AM
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Senior Member
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Join Date: Nov 2006
Posts: 1,389
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Quote:
Originally Posted by schultzie
Following a domestic altercation, pointing a loaded rifle at me and my son, my husband was arrested and charged with brandishing/possession/transportation of a fire arm while being a convicted felon.
He was indicted by the grand jury and I received a subpoena to testify against him. The commonwealth attorney told me that this was a mandatory 5 year sentence in a state prison.
At his trial he pleaded guilty and the judge sentenced him to 5 years, then suspended them, gave him 1 year supervised probation and court costs.
What could he have pleaded to get out of a mandatory sentence? Due to the threats to me and my children, the commonwealth attorney assured me he would go to prison, he didn't. I requested a protection order and the magistrate told me that it would only send him into rage and he would do more harm. Since his trial he has already left the state 2 times for weekend trips. Can he do that on probation without notifying his probation officer? She knew nothing about him leaving the state.
I do know that he is living in a new home with his girlfriend and her 2 young children, he admitted that in court, and she has several rifles, shotguns and handguns. We are not divorced yet and he was informed in court by the judge that he admitted to adultery. He also refused to pay child/spousal support.
Any guidance, information or advice would be greatly appreciated.
Thank you.
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I am appalled that the prosecutor did not inform you of any of the possibilities and the implications of mandatory sentencing guidelines in your state. You also do not state when this trial took place. How long ago was this case heard? Did you have an attorney?
Also, questions such as, "How do you know he didn't tell his probation officer" arise You state she didn't know he left the state--the only way to know this is if you spoke with her. If you spoke with her, why didn't you just ask if he was allowed to do this? Let me guess. He bragged to you he didn't tell her. Such an honest man.
You call him a convicted felon. For what felony was he already convicted and when?
All of the answers to your questions and an explanation of your laws and an explanation of why the case was handled like it was is due you. I would seat myself in the prosecutors lobby and not leave until I spoke to him or her personally and had EVERY question answered. The disposition of the case (i.e. the judges specific ruling ) in writing can and should be given to you---if you ask for it.
The allegations of adultery have nothing to do with this part of the case. He isn't charged with adultery---and it really doesn't add value or legitimacy to the case against him.
If he has violated his probation, a simple call to his probation officer will result in a bench warrant being issued. Hire an attorney. He can help you KEEP this man behind bars. He can also insist upon an order of protection or restraining order. I really am having a hard time believing that the judge did not already RULE and make as part of his ruling that the little thugling convict STAY away from you. Read the paperwork.
I suspect its all there.
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