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Is this public defender giving my aunt false hope?

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- Sat, 15 Aug 2020 09:12:30 EST e4p1743r No.46686
File: 1597497150514.jpg -(710977B / 694.31KB, 1080x2340) Thumbnail displayed, click image for full size. Is this public defender giving my aunt false hope?
Hi all. My aunt has been with an abusive boyfriend for almost a decade now. This lifestyle and relationship is normal for her. But a month ago her boyfriend got into a heated argument with her pregnant daughter, grabbed a pistol (he is a convicted felon btw) and went outside and shot the gun into the ground 4 times. I'm assuming it was out of anger and to take control of the situation by force and fear.

Well what happened was several neighbors called the police reporting that shots were fired and when the cops showed up my aunt's daughter actually told the cops that he did it and they arrested him. Even though he did not have the gun on him when he was arrested her being an eyewitness was enough to get him arrested for possession of a gun by a convicted felon.

Well he plead not guilty and went to court and his public defender wanted to get him on house arrest so he could get out of jail until his case was over but the judge said absolutely not and instead sat another court hearing for next week for a "revocation hearing". The judge also said that if his probation is revoked he will have to serve both sentences consecutively, meaning he will have to serve the rest of his probation time in jail then if he is found guilty also serve the gun possession charge sentence right after.

However he has been calling my aunt saying that his public defender said if he is not indicted on this gun charge then he will get out of jail and it will all be over with however bases upon the judge not allowing him out of jail and then having a "revocation hearing" it sounds as if this judge has made up his mind on the situation and will be sentencing him next week.

Is this public defender just giving my aunt's boyfriend false hope? Based upon the details I have given does it sound like he is screwed? I live 300+ miles away so the information I receive is second-hand information and I come to you all to hopefully make some sense of it.

My family wants him in jail but my aunt needs him to help pay bills without him she is struggling to keep the house hold above water. I am trying to help her as well and need to be prepared to help her long-term if her boyfriend is likely going to go away for awhile. Based upon what I know it sounds like he is but I would like to hear others who are more familiar with the law give insight.

Thank you!
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Jack Fendlewill - Sat, 15 Aug 2020 13:13:43 EST GyFNVA/e No.46687 Reply
>>46686
>abusive boyfriend
You sound like a feminist. Your aunt probably deserved spanking. You and your family too probably. I hope he spanks you all.
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[name redacted] !h55/E7mIo6 - Sat, 15 Aug 2020 14:19:57 EST 7XE+vugq No.46689 Reply
>>46686
It might help if you gave the state/country that the he's being charged in, otherwise it'll probably just be general information.

Some probation orders have certain requirements, but this one looks like it's just "breaking the law" that he's broken. So yeah, if he is found not guilty of this crime crime with whatever the gun was, then it is possible that he could get off free.

Depending on where you are though, the burden of proof for a revocation hearing can differ from a normal criminal case. In a criminal case, you usually need to have been proven to have done the crime beyond reasonable doubt (99.9% sure). In certain areas though, the revocation case only has to be more likely than not (51% sure you did it), which seems pretty likely considering there are witnesses. In this case, it's entirely possible to not be found guilty of committing whatever the gun crime was because of the higher standard required, but he could still be found breaking his parole, and would have to serve whatever the probation was.

Depending on the jurisdiction, it sounds to me like the guy asked his defender "is there a chance I don't go to jail" and the defender answered with yes and gave the situation I said above, and the guy has now taken that as a likely situation. Based on the limited info though, I'd say having a witness, as well as the neighbours call, was enough evidence to satisfy the 51% to break probation. With whatever the criminal charge is, I'd imagine they'd need the actual gun and fingerprint it or something to prove possession beyond reasonable doubt.
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Rebecca Chublingdock - Tue, 18 Aug 2020 03:11:10 EST 53hpeirC No.46691 Reply
>>46686
The probation officer he/she has will show up in court for the revocation hearing stating why the probation should be revoked. If he simply missed a supervised probation meeting, that is enough.

There are basically witnesses to hearing shots, and statements The Probation simply has to show
some infraction. He may drag this on. But the revocation is different matter. It is asy to revoke probation, or reinstate it for that matter.

So the DA, may have a case to revoke his probation. If anybody has the gun, do show it to police, the cops should have somehow located it to begin with.

It's not cool depending on somebody who is at least this abusive. She needs to
deny conversations with him. Or if applicable, record conversations via, jail, by
getting his-self to say what happened. Jails do record phone calls.

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