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.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
