How will a convicted felon be charged with a new crime? 26 Answers as of June 14, 2011

My fiance is a convicted felon foe conspiracy to manufacture meth. He was currently on state and federal probation when he got charged for possession of a firearm, he plead no contest to the charge. How can he receive the minimum sentence?

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Clifford Clendenin & O'Hale, LLP
Clifford Clendenin & O'Hale, LLP | Locke T. Clifford
The sentence he receives will likely be up to the judge he appears before. Usually, the easiest way to get a lighter sentence is to provide substantial assistance to the government and get a 5K1 letter in federal court. In state court, he just needs to make an argument for a lighter sentence, including any substantial assistance he provided law enforcement.
Answer Applies to: North Carolina
Replied: 6/14/2011
Michael Anthony Wing, P.C.
Michael Anthony Wing, P.C. | Michael Anthony Wing
Roll on somebody the feds wants more than him. Stay well.
Answer Applies to: Alabama
Replied: 4/26/2011
Law Office of Richard Williams
Law Office of Richard Williams | Richard Williams
His only hope for a minimum sentence is with the Court.
Answer Applies to: Alabama
Replied: 4/27/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
By having negotiated a plea bargain instead of simply pleading guilty. Thats what no contest means. It is now too late to negotiate, and is now up to the judge what to sentence. If he gets an attorney to represent him at the sentencing hearing, he can plead for whatever sentence reduction he seeks.

He should have gotten an attorney before saying or doing anything. He still needs one, because he faces parole / probation violation hearings in state and federal court. If serious about hiring counsel, feel free to contact me.
Answer Applies to: California
Replied: 4/26/2011
Andersen Law PLLC
Andersen Law PLLC | Craig Andersen
It depends on who charged him and his criminal record.
Answer Applies to: Washington
Replied: 4/26/2011
    Law Office of Tracey S. Sang
    Law Office of Tracey S. Sang | Tracey Sang
    There are many factors to consider: the age of the previous conviction, the facts of the underlying case, his circumstances in life right now. The court takes in the totality of the situation when considering what sentence is appropriate.
    Answer Applies to: California
    Replied: 4/26/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    He needs an attorney. It will be helpful if he can show that he has tested clean during his probations. It will also help if he can show that he has a job, or is going to school or trying to better his life some how.
    Answer Applies to: California
    Replied: 4/26/2011
    Law Office of Andrew Subin
    Law Office of Andrew Subin | Andrew Subin
    If he already plead guilty, its a bit late to bargain with the prosecutor about the sentence. The sentence the state will recommend should have been included in his guilty plea statement. If you can provide some more details about the case, I can give you a more detailed answer. Please feel free to contact me with any additional questions.
    Answer Applies to: Washington
    Replied: 4/26/2011
    Law Office of Peter F. Goldscheider
    Law Office of Peter F. Goldscheider | Peter Goldscheider
    This is too fact specific a question to answer in this forum. It depends on so many factors including his behavior on probation, the seriousness of the new offense and many other factors. Felon in possession of a firearm in federal court is a very serious offense and being on probation on top of it makes it even more serious. He needs a very good lawyer.
    Answer Applies to: California
    Replied: 4/26/2011
    Mandarano, Cavaletto & Associates
    Mandarano, Cavaletto & Associates | Christopher Mandarano
    He needs to hire an attorney. An attorney can attempt to demonstrate to the court the legally significant reasons for mitigating any sentence he receives for the 2nd felony. He should by no means try to plea bargain without an attorney representing him.
    Answer Applies to: California
    Replied: 4/25/2011
    The Law Offices of Dustan Neyland
    The Law Offices of Dustan Neyland | Dustan Neyland
    His sentence will depend on a variety of factors such as whether this new case was a state or federal charge. If this was a federal charge, then the federal sentencing guidelines will govern. If his case was a state charge, then the sentence will fall within the punishment range and will be up to the judge or jury to decide. The best way to determine what his sentence will be is to contact his attorney.
    Answer Applies to: Texas
    Replied: 4/25/2011
    Vermeulen Law office P.A.
    Vermeulen Law office P.A. | Jacob T. Erickson
    In Minnesota, the minimum sentence is five years in prison. A federal sentence could be longer.
    Answer Applies to: Minnesota
    Replied: 4/25/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    The more important question is whether you want to marry a man with a meth lab and a gun. If you do, then retain an experienced criminal attorney to handle the case and make sure that he is drug free and is not going to continue a life of crime or you are going to be in for more trouble than you bargained for. Few people really change and if he is selling drugs and carrying illegal loaded weapons you are probably making a very poor decision to marry him.
    Answer Applies to: New York
    Replied: 4/25/2011
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    Your fiance is looking at substantial jail time, in prison, for this offense, in all probability. What makes the case more aggravating is that he is on probation, which can be violated, possibly having him re-sentenced to prison for the original offense for which he was serving probation.
    Answer Applies to: Illinois
    Replied: 4/25/2011
    Lacy Fields, Attorney at Law, LLC
    Lacy Fields, Attorney at Law, LLC | Lacy Fields
    His probation could be revoked. He could potentially serve whatever his "backup sentence" is.
    Answer Applies to: Missouri
    Replied: 4/25/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    That will be up to the judge and the recommendations of the probation department who does the PSI. He could have tried to make a sentencing agreement with the prosecutor but it sounds like that didn't happen. His attorney can craft an argument for the minimum in his allocution at the time of sentencing. A lot of factors go into sentencing and there is not enough information here to give a complete answer to your question.
    Answer Applies to: Michigan
    Replied: 4/25/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    It is unlikely he will receive the minimum sentence. In fact, it's more likely he will receive the maximum sentence in light of the fact that he was already on Federal Probation or Parole for a prior serious drug charge. Not only is he facing the new weapons charge, but he's also facinga Violation of Probation at the very least which will usually carry with it a jail sentence under these circumstances. If you want to help him, he needs the best lawyer you can find and afford. Good luck.
    Answer Applies to: New York
    Replied: 4/24/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    We are the Goolsby Law Firm, LLC located in Augusta, Georgia. I am a former federal and state prosecutor and now I am a criminal defense attorney. It is difficult to discern exactly what your question is. But if he has already entered a plea of no contest, then it would indicate that he already has an attorney, so I would recommend that you address your inquiry to him or her. However, if he doesn't yet have an attorney, then it is critical that he retain one ASAP, because if he has a new felony charge, he will need help from his lawyer as to all his rights and options. Good luck!
    Answer Applies to: Georgia
    Replied: 4/24/2011
    Law Office of Rankin Johnson IV, LLC
    Law Office of Rankin Johnson IV, LLC | Rankin Johnson IV
    Once he has pleaded no-contest, a lot of it is out of his hands. His attorney will need to write a sentencing memorandum and prepare whatever information will support a shorter sentence.
    Answer Applies to: Oregon
    Replied: 4/24/2011
    Beard Law Group, P.C.
    Beard Law Group, P.C. | Christopher Beard
    If he has not been sentenced, withdraw your plea and hire an attorney. If he has already been sentenced your only option is to appeal the ruling. You can appeal based on either the plea or harsh sentencing. Nevertheless, pleading no contest is subjecting yourself the same sentence as pleading guilty.
    Answer Applies to: Alabama
    Replied: 4/24/2011
    Jules N. Fiani, Attorney at Law
    Jules N. Fiani, Attorney at Law | Jules Fiani
    First of all, if he is being charged with these crimes, he needs an attorney. No one should enter into these legal cases representing themselves, especially such serious cases as these with severe charges. It is beneficial to speak with a lawyer because they might be able to help with the severity of the consequences ifthe lawyerfights for a deal on your behalf.
    Answer Applies to: Michigan
    Replied: 4/24/2011
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    You must not be in Alabama. We do not do no contest pleas. Your attorney has to negotiate his case to get the best plea possible. It appears to be a very tough situation. Hire an attorney if you can afford it
    Answer Applies to: Alabama
    Replied: 4/24/2011
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    He is on his way to prison for quite some time. Ex-felon with a firearm is a very serious charge and they will also revoke his Supervised Release (like Parole). My suggestion: Find a new boyfriend unless you want to be old and gray when you next see him.
    Answer Applies to: California
    Replied: 4/24/2011
    Harden Law Offices
    Harden Law Offices | Leonard D. Harden
    He needs to contact a good lawyer, it will be all controlled by facts. It may be difficult to avoid serving time but it always depends.
    Answer Applies to: New Hampshire
    Replied: 4/24/2011
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