View Single Post
Old January 22, 2012, 09:50 AM   #27
Spats McGee
Staff
 
Join Date: July 28, 2010
Location: Arkansas
Posts: 8,821
Welcome to The Firing Line, littlewolf2!

I'm puzzled about one (perhaps very picky) detail:

Quote:
Originally Posted by litlewolf2
Fifth as far as my own charge goes it was a felony but was knocked down to a misdemeanor. It currently is classified as a misdemeanor but since it was a Felony initially it triggered the Gun Control Act and is still in effect despite the current status.
I read the original petition (before revision), and if I recall correctly, it said something to the effect of littlewolf2 doing something like 5 years probation before having the charge knocked down to a misdemeanor.

Here's my confusion: Was LW2 convicted of a felony or not? Ordinarily, if someone's going to be put on probation and serve out a sentence for a misdemeanor, that's part of a plea deal, and the conviction is entered as a misdemeanor on the front end. Alternatively, in some diversion programs, I suspect that the felony charge may be suspended until the end of the probation period, so that it can be reduced to a misdemeanor if the defendant successfully completes probation. In that case, we still shouldn't have entry of a felony charge at the beginning of the probationary period. It sounds to me like he was charged with a felony and someone messed up and entered a felony conviction when they shouldn't have. Frankly, this doesn't sound like a GCA issue so much as a paperwork issue.

I guess my second question (that's just now dawning on me), LW2 is this: when you say "my charge was knocked down to a misdemeanor," you mean your charge in your case, right? (Not that your legislature has reclassified the crime so that someone charged with it now faces a misdemeanor.)
__________________
I'm a lawyer, but I'm not your lawyer. If you need some honest-to-goodness legal advice, go buy some.
Spats McGee is offline  
 
Page generated in 0.01992 seconds with 8 queries