Justice System, Police, Courts Son facing 5 years in prison

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jennatrish

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Hello,

My son took his girlfriend home one evening and when arrived at her home she realized her tv was stolen? Having problems with her roomate my son immediatelt thought it could have been him. He went outside to call me to let me know what happened and he would be running late to get back home. I begged him to let his girlfriend handle the incident as my son has a terrible past with the local police.
While on the phone with my son the cops came and I coached my son to go in the back bedrom and await the outcome as I did not want him involve. (Convicted felon out of prison for one year) tHE GIRLFRIEND WAS ASKED WHO Was in the home and she expressed her boyfriend and brother. All went crazy thereafter they rushed through the doors My son screaming what the f---are you doing? Started to tare up the house and my son proceeded yelling athem to stop than they literally beat him up very bad. Several hours later he was arrested claimig they found bullets in arms reach of my son and as a convicted felon against the law.

first of all he was in the roomates bedroom at the end of the bed speaking to me He is no dummy if there were bullets around he would have tried to hide them or discard them. The roomate did admit after the fact his girlfriend had old rifle bullets in the closet in a dresser drawer.

How can my son be charged with this. he does not live at this residence, they were not his bullets the cops are lying they were never in plain view and furthermore what gives them the rights to do what they did??

comments made during the search we got you now nigger lover(his girlfriend is black) we know this is a drug house????? We know it..

PLEASE NOTE: NO DRUGS FOUND, NO GUNS, JUST these bullets and my son is guilty of mouthing off at the officers.

PLeASE HELP!!!!!!!!!
 
Several hours later he was arrested
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Perhaps someone else may answer your specific question, yet meanwhile more info may be helpful. What all happened during that "several hour" period? It sounds like your son may be leaving out some of the story. It sounds like he unfortunately aggravated a normal police investigation into something potentially violent.

The girlfriend was simply reporting a burglary, your son would not have been a suspect and would not have had to open his mouth. Unfortunately he did open his mouth and with expletives. At what point were the police informed that your son was a convicted felon?

You probably expected that if your son stayed something bad would happen. Obviously your son is not capable of keeping his actions and mouth in line with the police around. Thus, that is why I believe there is missing information that even you are not aware of.
 
Did he get charged by the state or federal? either way get an attorney ASAP! I assume they know who your son is from the past. That may be the reason they barged in.?. doesnt make it right. Good luck and hope Your Attorney can get more details and help your son.
 
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I was on the phone when all took place. The officer recognized my son from past incidents and said oh so now you are a nigger lover he knew my son was a convicted felon. My son replied with none of your business you f-----cracker. oh yeah we will see what kind of cracker i am.....He than started hitting my son and smashing his personal belongings. witness came out of bathroom screaming what r u doing to him? Bottom line my son is guilt of his disrespect but it still gives no law enforcement officer a reason to beat someone When he was younger and being disrespectful if I beat him for that or running his mouth i would go to jail. I am not questioning his ability to get along with the police i am questioning there rights for tearing apart this home, finding bullets that were clearly not his and out of arms reach. What was there rights for such unprofessional behavior?
 
jennatrish said:
I was on the phone when all took place. The officer recognized my son from past incidents and said oh so now you are a nigger lover he knew my son was a convicted felon. My son replied with none of your business you f-----cracker. oh yeah we will see what kind of cracker i am.....He than started hitting my son and smashing his personal belongings. witness came out of bathroom screaming what r u doing to him? Bottom line my son is guilt of his disrespect but it still gives no law enforcement officer a reason to beat someone When he was younger and being disrespectful if I beat him for that or running his mouth i would go to jail. I am not questioning his ability to get along with the police i am questioning there rights for tearing apart this home, finding bullets that were clearly not his and out of arms reach. What was there rights for such unprofessional behavior?
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respect SHOULD work both ways and unfortunatly there are some officers that show/give none and abuse thier authority. If the story is as you tell then they really had no right unless they try and say they were "clearing the house" to make sure the burgler was not still there. I have been looking for info about the bullets. I know a gun cant be where a felon can obtain it but the bullets I am not sure about. I dont know if its treated the same as a firearm or if you have to be in possesion of the bullets. Like I said get an attorney asap and was it a federal charge?
 
The chargers are posession of amunition. It is State charges. How can it be posession when he had no knowledge of bullets being in the home at all. We are seeking an attorney, they are very concerned crimally as one can see his medical records and the pictures of his beatings. He did not get resisting arrest so why beat him?
 
jennatrish said:
Hello,

Several hours later he was arrested claimig they found bullets in arms reach of my son and as a convicted felon against the law.

first of all he was in the roomates bedroom at the end of the bed speaking to me He is no dummy if there were bullets around he would have tried to hide them or discard them. The roomate did admit after the fact his girlfriend had old rifle bullets in the closet in a dresser drawer.

How can my son be charged with this. he does not live at this residence, they were not his bullets the cops are lying they were never in plain view and furthermore what gives them the rights to do what they did??



PLeASE HELP!!!!!!!!!
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OK he was in the roomates room and did not live there, ...Pursuant to Florida Statute Section 790.23, it is a crime for a felon to carry a concealed weapon or possess a firearm, ammunition, or electric weapon or device. In order to prove the charge at trial, the prosecutor for the State of Florida must prove the following elements beyond all reasonable doubt:

The defendant has previously been convicted of a felony;
After the felony conviction the defendant knowingly owed or had in his control, custody, possession or care a firearm, ammunition, or an electric device, or the defendant knowingly carried a concealed weapon. The term possession is defined as having personal charge of or exercising the right of control, ownership or management of the object. Possession may be constructive or actual. Constructive possession means the object is in a place over which the defendant has control, or in which the defendant has concealed it. Actual possession is defined an object being in the hand of or on the person, the object is in a container in the hand of or on the person, or the object is so close as to be within ready reach and is under the control of the person. A good attorney can hopefully create enough doubt that since your son did not live there nor was this his girlfriends room, he just went in there to let the police talk to his girlfriend and that the bullets were not sticking out like a sore thumb that either the da will drop charges or a jury would find him not guilty. Also your attorney may be able to prove some sort of abuse if it happened. Again good luck and keep us posted.:)
 
Jennatrish,

If all happened as you described, I completely concur with Bluemann33.

Yet I am still baffled by your comment, " Several hours later he was arrested claimig they found bullets...". Were the police at the home for all this time? Did they come back later to arrest him? What occurred during those "several hours"?

You say you were on the phone while this all took place. Are you saying you were on the phone for "several hours"?

I'm only trying to fully understand the situation, not trying to badger you...
 
Get a lawyer, there is very little chance he will lose. He was not in his own house, there was no gun on his person, the ammo was incidental to his presence (in other words no reason for it to be there). He should win. Secondly he should learn to not mouth off to cops. Especially when you have been down you have to walk a thin line. The cops weren't right it's just how it is.
 
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