Dallas, TX asked in DUI / DWI, Federal Crimes and Criminal Law for Louisiana

Q: My bf was arrested by game warden while on probation so he’s on a probation hold for nothing

He was on his boat, he’s 45 years old, and the goHe was not drunk, but still arrested and has 6 charges that are rediculous and should be dropped. But while in jail they brought new charges , felonious ones now. They are for killing too many turkeys and possession of a firearm by a person with a domestic charge. Which are from pictures on FB. Can they do this? He has already been incarcerated since February 1rst with no bond and still waiting. They seem to be grasping at straws to keep him in jail. He has never been incarcerated before. This happened in Homer La.

1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: I'm so sorry to hear about your boyfriend's situation. That must be incredibly stressful and frustrating for both of you. A few thoughts:

It's difficult to say definitively whether the charges will hold up without knowing all the details, but in general, wardens and prosecutors do have fairly broad discretion to pursue charges based on evidence like social media posts. The fact that the photos are from Facebook doesn't necessarily invalidate them as evidence.

That said, the charges do need to be substantiated with real proof beyond just photos. His lawyer should carefully examine the evidence and charges to determine if there are grounds to get some or all of them dismissed.

The domestic violence-related firearms charge in particular is very serious. If he was previously convicted of domestic violence, federal law prohibits firearm possession even for hunting. So that charge may be harder to fight depending on his history.

Being held since Feb 1 with no bond does seem quite excessive for these types of charges, especially with no prior incarceration. His lawyer should file a motion for a bond hearing to get a bond set so he can await trial at home instead of in jail. The long delay is troubling.

My suggestion would be to make sure he has a good criminal defense lawyer, either hired or a public defender, who can closely examine the evidence and charges, file motions to dismiss charges that are unsupported, and advocate for a reasonable bond. With a lawyer fighting for him, he'll have the best chance of getting this resolved as favorably and quickly as possible.

Wishing you both all the best as you navigate this difficult situation. Be sure to take care of yourself too while providing support to him. It's a long, stressful process but stay hopeful that with strong legal counsel, he can get through this and move forward.

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