I am a father now

[familyof4]

Back when i was 17 and 19 i was convicted of two felonies. Entering auto and burglary. Served my penance and moved on eventually grew up. I got married (9 yrs) and have two wonderful kids (girl 7 and boy 3). I am a
Very active and loving father and break my back sometimes two jobs to provide for my family. Point is I moved on with my liFe and did what i could two become a respectable man. I am 33 now and that person is long gone to me. Me and my wife got into a drag out fight making so much of a scene the neighbor called the cops and they showed up tazers out ready to take somebody down and they did. ME!! I received a distubing family peace charge and can deal with that but while in my house the cops searched my house and retrieved a pistol that i was holding for my brother while he was deployed over seas with the Air Force. Now i have a possession of weapon by convicted felon which was no surprise. (I know it was dumb for me to have now but like i said i have moved way past all that in my head but the paper work never changes.) They labeled me a "HABITUAL VIOLATOR" and are trying to lock me up in prison for 5 yrs!! How do i fight this?? I am not some drug dealing murdering child melosting rapist thug that belongs in prison. I need help and i am way to busy paying bills to be able to afford a high price attorney And my public defender is just trying to get me a good deal. Not trying to beat the possession charge just the habitual part because it carries a 1-10 sentence mandatory prison time. What do I do?!?! Scared.

 

[heracles87]

Better hire a GREAT lawyer asap. As you know you are in a lot of trouble
...

 

[Michael Wechsler]

I'd stay calm, say nothing other than to your attorney. The public defender may be able to arrange something for you as, in most cases, the public isn't served by using a spot in jail for you when there are many more on the priority list. While you're locked away in prison for 5 years, your wife may need to find a good way to put bread on the table and provide for the family or decide that things needlessly got out of hand. She might want to be reminded of that gently and, if the situation really wasn't anywhere as bad as it appeared, perhaps now is the time for your wife to show up in your defense. I don't know the situation and I'm sure your attorney is helping you as much as he or she can. There is nothing more than you can do except keep quiet and discuss the best way to get things moving ahead with the public defender. But if you think you're being underrepresented by being told that going away for 5 years is a way to clear the caseload, I'd advise you to see what you can do about changing horses. We don't know the situation. I wish there was more that we could do to help.

 

[ElleMD]

First of all, it doesn't appear you have totally changed if you are fighting to the point of police involvement and knowingly keeping firearms readily accessible in the house with no only young children, but knowing that you are not permitted to do so. If you are also violent enough the police needed to subdue you, it is not a not a difficult leap to repeat of your past transgressions. For the sake of yourself, and especially your family, you need to get your butt into some serious counseling and an anger management program. What you describe is not in any way normal. Your kids and wife deserve better and you do not want your children growing up thinking Daddy getting into knock down drag out fights and being arrested is normal.

Hire yourself a good lawyer as to the criminal charges but you are being treated as a habitual violator because you are. Literally. You might want to forget the past but the law does not. You apparently knew that and still did what you did. No one wants to go to prison but no one wants to see a spouse abused either. You only get so many chances and you are well past your limit. Hope for the best, prepare for the worst and get the help before ordered to do so.

 

[Michael Wechsler]

Elle's good comments brought me back here and I took another look at what you wrote.

In looking at the facts, there may be a question as to whether a search of your home was warranted, who gave them permission to do so and whether finding the gun was the result of being seen by the naked eye. I'm not sure why a search was necessary or warranted in these circumstances, especially if this was just a verbal argument - although there was some discussion of a fight that spilled in the street. Still, there was no evidence of any weapons or other reason to enter your home that you have mentioned. This is an issue that your attorney should have raised or at least made an inquiry. If the gun was visible and the officers were invited into the house by your wife which lead to its discovery, it's difficult to argue but still a point to be made in negotiating whatever deal you can. I don't know the details. Hopefully this will be just a painful amount of stress and a lesson you can learn without it being made worse than it already is.