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Old 07-27-2007, 05:48 AM   #1 (permalink)
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Question Sentence suspended for class 6 felony

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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Old 07-27-2007, 06:56 AM   #2 (permalink)
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Quote:
Originally Posted by schultzie View Post
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.

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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Old 07-27-2007, 07:35 AM   #3 (permalink)
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Quote:
Originally Posted by schultzie View Post
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.
If you haven't filed for divorce by this point, I can't suggest strongly enough that you do so as soon as possible. His abusive behaviour alone should help expedite the paperwork; if proceedings have already begun, you can file for an emergency hearing based on the incident you posted (accepting it at face value.) Your primary concern should be with you and especially your child .. both of you need to put as much distance between you as you can, in my opinion, especially as he has such easy access to firearms. Check your state's divorce statutes; cohabitation and adultery are grounds in some jurisdictions and based on the circumstances you've posted, I believe any custody agreement should specify supervised and minimal (your state's minimum) visitation. At this point, I'd be much more concerned for you and your child's safety than with support. I find it very disturbing that a magistrate apparently dismissed your concerns .. it's up to you to protect yourself and your child, if in fact that is the case.

Your other questions can be answered by the court records on file or an attorney. Personally, I'd contact his probation officer without hesitation and voice your concerns, particularly regarding the close proximity of firearms. That also may be a probation violation, depending on the terms. While your 'ex's probation officer certainly isn't legal counsel, I believe she may pay a bit more attention if you ask a few pointed questions. If you indicate your safety concerns, I see no reason why your identity be revealed to him through her .. make sure you discuss this in advance before you set any wheels into motion. The last thing you need to do in such a sensitive situation is to "set him off" yet again .. be very careful in how you approach the probation officer.

Good luck to you.
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Old 07-27-2007, 12:37 PM   #4 (permalink)
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His trial was held on July 18, 2007,his original felony was that he stole a check from a business that had closed and forged it and then cashed it at his bank(didn't say he was smart) for 15,000, then stole a check out of his great grandmothers purse and forged it and cashed it. He was convicted and was sentenced to 10 years, all suspended with probation for 10 years. Since then he has been arrested 6 times for driving on a suspended license, 3 failure to appear, assault and trespassing. I went to the magistrate immediately and asked for a protective order and was refused due to they did not want to ruffle his feathers!!! Every deputy in this county is aware of this situation and they keep an eye out for me.
I have called his probation officer and informed her that the woman he is living with does have several fire arms and she said she would check into it. I also asked her if he was allowed to leave the state, her reply was NO.
Per the visitation order, he is not allowed to come onto any property where I am residing, he was in my driveway when I returned from court on the 18th. He was ticketed for trespassing. That's it. I have applied for a concealed weapon permit and was refused because of the situation, even though I have never even had a traffic ticket. I do not have an attorney but have 3 in the county that are willing to take my case for free. I intend to take them up on it.
All evidence including death threats, pictures, police reports etc were given to the commonwealth attorney before the trial and he told me that there was no way for my ex to get out of going to prison. But yet he is still out and following me, following the kids, calling the kids friends cell phones etc.
I can run but as he had stated in an e-mail to me: "I can run but I can't hide".
The legal system and the police enforcement in this county are extremely inadequate. I guess I was wrong to trust them.
I have contacted family in NY and have been offered a place to stay and a job, he found out and had it put in the custody order that I am not allowed to leave the state. I have talked to an attorney and he told me to run anyway and face the legalities later as I can not get any protection from the judicial system.
All of this because I found out he had been having an affair and finally stood up to him and told him I had had enough. He said I ruined his life by calling the police and having him arrested because he held the loaded gun to us and that I should have just accepted his affair and be lucky that I was the one he was coming home to. Like I said before: never said he was smart.
I guess I just have to bide my time and wait for him to get arrested again, then maybe the judge will be forced to look at his record and deal with him accordingly.
Thank you for the replies.
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Old 07-27-2007, 02:58 PM   #5 (permalink)
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Again, the way you have described your husband, he seems desperate to "get on" with his new life. He has a new partner, new "children", and is heading a different direction. Your stating his threats of "You can run, but you can't hide"---don't make any sense--and it contradicts his actions. He doesn't seem to care what happens to you OR the children. You say he clearly doesn't want to support or see them--yet you say he is in your driveway. It simply doesn't add up.

Lets add up what you've said. No one is taking you seriously. The judge is dismissive of your claims, a magistrate isn't interested in getting involved. And, perhaps MOST telling--YOU were denied a concealed weapons permit. The police CANNOT deny you a concealed weapons permit on the basis of evaluating your personal life situation and decide you cannot have a concealed permit.

There is so much missing from this story--it is impossible to give you an accurate answer.

You state you have had offers to represent you for free. I would spend time contacting one of them---you cannot get an accurate answer here. It all just doesn't add up.
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