My boyfriend is held in custody right now for possession of a firearm as a felon. He was playing with a bebe gun and some chick wanted pay back from the past so she called the police. He is sitting on a 48hour hold and I am woundering if he will be released after the hold is up
2 Answers from Attorneys
Hello. The answer depends on many factors. Once released, your BF should seek attorney help right away. If not released, you may seek out an attorney to to the jail to talk with your BF.
Tricia Dwyer Esq
Tricia Dwyer Esq & Assoc PLLC
365 Days of the Year until 8 p.m. Daily
A Minnesota Law Firm
I am afraid that the offense is extremely serious. As such, a release is not particularly likely. Under Minnesota Statutes § 609.11 the presumptive "minimum" sentence for a felon who committed a crime of violence and is found in possession of a firearm is five years in prison.
The person must have experienced legal counsel. There may be defenses which can be developed after a review of the evidence. Minnesota Courts have concluded in the past that a BB gun is a firearm for purposes of Minn. Stat. § 609.11, subd. 5(a). In State v. Seifert, 256 N.W.2d 87, 88 (Minn. 1977), the supreme court determined that a BB gun constituted a firearm in the context of a criminal statute, establishing that the term should be construed broadly.
Call for a FRTEE consultation.
Maury D. Beaulier
Attorney at Law
Related Questions & Answers
Do I need a lawyer for a gross misdemeanor charge for vehicle registraion . Asked 8/23/13, 5:30 am in United States Minnesota Criminal Law