What are chances of getting felony dropped to misdemeanor?
First, a lawyer doesn't have to be a "good lawyer" to get it dropped. It's all up to the prosecutor and how reasonable they are. I usually would never amend down from felony to misdemeanor because if I wanted it that way, I would have never filed the felony to begin with. So here's what you do: 1. GET AN ATTORNEY. 2. If you can't afford one, the court will appoint a public defender. 3. Your public defender/attorney will try to negotiate. Since you did not cooperate on the previous domestic battery case, I don't see a prosecutor being nice to you when there is truly no reason to accomodate you. 4. If the felony is the main thing you want to do away with and don't care if you go to jail (you just want to save your record from having a felony), then say you'll do agree to jail time in county lock-up if they agree to amend down to a misdeamor. You can say you'd be doing more time in county jail being sentenced to 3 months (no good time credit), then 1 year in department of corrections (prison). (1 year in DOC usually equals about 66 days or so of actual time there). 5. Offer to be put on probation, and offer to testify against your ex. THEY ARE YOU EX!!! WHAT ARE YOU DOING PROTECTING THEM WHEN YOUR BUTT IS ON THE LINE NOW? I'd seriously tell your attorney to offer your services in the domestic battery case of your ex, in exchange for the amendment of your charges. That would be your best card to play. Remember, they have the upper hand. You need to seem appealing to the prosecution to offer an amended charge. Think smart, and DON'T STEAL AGAIN. Your no longer a virgin in the criminal world. You are technically criminal. Hopefully you can change that now and get on the right track.
Can family members living with a convicted felon own and keep guns in their home? Or would that constitute possession by the father by virtue of living in the home?
IANAL... But,The big deal here (at least on the federal level) is what counts as possession. In this case, it's what's called "constructive possession". (vs. actual possession, if the firearms is found on one's person)I would strongly suggest that the gun owner in question purchase a safe and keep all firearms, firearm parts, and ammunition in it, AND make sure that the safe is located a portion of the home the the felon doesn't generally have "common access to". i.e, in the firearm owners bedroom would be a good place. A common area of the house? Not so good. The felon's bedroom? Bad.Obviously, the felon in question should not have access to contents of the safe.Here's one commentary on this issue:Second Amendment Protects Gun Possession by the Housemates of Felons - The Volokh ConspiracyMost cases I've seen and read about where there was a conviction for FIP in a "shared home" found firearms in the prohibited persons room, or other evidence that would imply that the prohibiter person was the actual possessor.Also, note that the law tends to have less leeway if a firearms is in a vehicle. Note that state or local law may be more restrictive.
How can I purchase a gun after I have had a felony charge 10 years ago and a handful of misdemeanors, all of them were non-violent in Michigan?
If you weren’t convicted of a felony or any misdemeanors involving domestic violence, your criminal record shouldn’t keep you from owning a firearm (though other things can still disqualify you). If you were convicted of (or adjudicated guilty or no contest) a felony, you probably cannot legally own or possess firearms. I say “probably,” because some states have expungment statutes that allow people convicted of certain (usually non-violent) felonies to restore their firearm rights. You also might be able to get your gun rights back via executive clemency, though the great majority such petitions are denied.Another factor to consider is that having firearm rights restored at the state level may not always restore them at the federal level. Whether it does in a given case is a topic that will often stump and get conflicting opinions even from legal scholars and seasoned criminal defense attorneys.
Can you purchase a handgun in Ohio with a felony conviction?
You cannot possess a gun, ammunition, or body armor as a convicted felon no matter how old the conviction is or how long ago it was. It must be expunged by a judge or pardoned by a governor. If you possess any of the above you can be arrested or charged with another felony. For the gun it can be a maximum of a ten year prison sentence, and I think five years for the ammo or body armor. Sorry.
I was arrested and charged with trespassing and possession of a fake ID. What should I do?
1. How long before my case goes to court? I do not know. It sounds like you were released on your own recognizance and given a notice to appear. That should have the date and location on it. Alternatively, it may have been referred to the prosecutor to make an assessment and decide whether to charge so there would be no date. You might want to call them and ask them about the status. If not and you are charged, they will notify you, probably by mail. 2. Can I get a free lawyer? If you want to find out in advance, you might want to contact the local public defender's office. If you meet the financial need qualifications, one should be appointed for you. But, they are overworked and cannot devote the time and attention you might get from an experienced criminal defense attorney. OTHO, they are often very good. 3. Would it be stupid to defend myself? That you are even asking is, well, not very bright. YES IT WOULD BE STUPID TO DEFEND YOURSELF. That this is your second time committing the same offense is not showing particularly good judgment either. 4. Will you receive jail time because it is a felony? No one can answer this until your case is addressed. And, an attorney in your jurisdiction has a much better feel for what is likely to happen. You will likely be offered a plea deal, but I have no idea what that is. The deal could bring the charges down to a misdemeanor or maybe an infraction. 5. If I get jail time, will it be now. If charged, you will be sentenced some period of time after the resolution of your case, unless you get an acquittal after trial (at which point you will walk out of the court room free). An acquittal is much more rare television would have you believe. I think it may be upwards of 90% of charged cases resolve themselves by plea. The Court is not likely to care about your schedule, particularly if you continue to display a cavalier attitude about your offense. 6. How long should the whole process take? That depends on a number of issues. But, if you are charged and want to plead at your arraignment as your own counsel and accept whatever the offer of the prosecution is at the time, not long. That is a very bad idea.
Are there a certain number of misdemeanors that equal a felony?
No, but there are some circumstances where a string of certain misdemeanors can cause you to be charged with a felony. Some states have habitual criminal or serial offender (the names vary from place to place) laws. These are used in two ways:If a person has been convicted of three (again, the number varies) or more felony offenses, he can be judged a habitual criminal, and sentenced to a prison term of life, usually with the possibility of parole. If someone has been convicted of three to five (again, the number varies) crimes of theft or moral turpitude, they can be judged a habitual criminal and be sentenced to a term of twenty years to life in prison. There are a lot of variables in the number of offenses, types of offenses, lengths of prison terms, and whether the states have these statutes at all. The process whereby three felony convictions can lead to a life sentence is sometimes called the "three strikes" law. These laws got to be very popular in the 1980s and 1990s, but they are often being repealed now in order to ease prison overcrowding. When a state has both the three felonies and three to five misdemeanors statutes described above, they are often called Habitual Criminal laws, or "the bitch." If you are in jeopardy of imprisonment on the felony portion, you're said to be facing the "big bitch." If it's the misdemeanors, it's the "little bitch."
I heard that Ohio does not extradite for felony warrents outside of neighboring states.... is this true?
Do you mean they won't seek extradition TO Ohio except from neighboring states, or that they won't allow extradition FROM Ohio except to neighboring states. If you mean the former, they may not believe its worth the trouble to pursue someone that is not likely to pose a threat to the citizens of Ohio. If you mean the latter, they don't have the option Article 4, Section 2 of the US constitution states: A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State form which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime. There is no provision for denying extradition within the US. EDIT: I just read your Additional Information. California can't enforce an Ohio warrant if Ohio is not interested. Ohio can still request extradition if they want. My guess is California didn't bother to inform Ohio that the person had been located, thereby denying Ohio the chance to request extradition.
Can you become a police officer if you have a misdemeanor on your record?
Maybe. It depends on what the misdemeanor is, how recent it was, and the circumstances of the incident. If the offense is for domestic violence or some sex offense, you're done. Don't even try. If it's for a violent offense, such as assault and/or battery, you will need around ten years (this varies) of very clean living between the offense and your application. You will need to show that you realized your mistake and have the ability to conduct an honorable, law-abiding life. If the offense is a "moral turpitude" crime, such as shoplifting or embezzlement, you may be disqualified. This is a "maybe" situation, and while one agency might accept you, another one wouldn't. Once again, you'll need to show you can lead a law-abiding life for a good stretch of time. A DUI can be disqualifying for ten years or more. Complete abstinence from alcohol is recommended. An offense like minor in possession of alcohol won't be overlooked, but it's not as damaging as some of the others I mentioned. In every case, the agency doing your background investigation will do their best to get the original report of the offense, and to interview anyone connected with it. If there were any extenuating or aggravating circumstances about the matter, you want to be the one to tell your background investigator about it. If they find out on their own that the situation was more screwed up than you described it to be, you're probably going to get disqualified. Those stretches of clean living between your offense and your application need to be exemplary in every way. No arrests, no tickets, good work history, all bills paid, etc. If you have a conviction on your record, the bar is going to set higher for you.
How can I get housing assistance? I have a drug felony on my record from college. Clean for 3 years now!?
I just did a search on Yahoo for "housing assistance apartments in Ohio" and lots of stuff came up. You may also look up HUD apartments in your town in Ohio. This would be government subsidized apartments and the rent would be lower based on need. It sounds like you may qualify but you will need to contact a complex and fill out an application. Hopefully the felony will not affect the application. About the felony, did you happen to get deferred adjudication? Or did you actually get convicted? I'm asking because my brother has a drug felony on his record from 20 yrs ago. He is 50 yrs old now and it still gives him trouble. We found out it was deferred adjudication and after 10 yrs (in Texas) he was eligible to get the court records sealed. We are working towards to getting this done (it will cost + or - $1000, a small price to pay to removed that kind of blight). Well anyway, I hope it's possible for you to get yours removed eventually. Especially if you were a minor that's an even greater chance. Another idea I have about housing, if the apartment will not accept your application because of the felony then there are people who will rent to folks in your situation. You just have to ask around, read ads in the paper, etc. I know a lady at church that rents mobile homes to guys who get out of prison and nobody else will give them a chance. They have been some of the best tenants so she (the Landlord) says they other landlords don't know what there passing up on. You sound like you need a hand up mate so try not to lose heart. You are doing the right thing by trying to get some ideas on here. Things will work out with some prayer and persistence. Blessings.