Legal Question in Criminal Law in Florida
feels railroaded
my boyfriend had a felony DUI and 10 years later 15 cops busted in ur house as if he were a major drug dealer, they found paraphanalia and under 20 grams( misdemeaner) and a gun ( shot gun ) in a case in the bedroom. They charged him with possession of a firearm by a convicted felon, which later became constuctive possession.For fear of a mandatory sentence of 3-5 mandatory he plead no contest to accept community control instead. I have several questions..First I have read in places that if you have a felony dui you can not be charged with possession of a fire by a convicted felon. That only certain felonies are able to be used in this case.Is this true? Also is there anyway to appeal this decision if it is true, since they say you can not appeal the sentence at the court hearing. If there is not such charge then he was conned into accepting a plea, to save face for the state of Florida ( holmes county) comming in on a civilian and not finding what they thought they would. PLease answer me back.
1 Answer from Attorneys
Re: feels railroaded
I am not aware of any felony DUI exception.
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