QUESTION
If he pleads guilty to this charge can they come back and charge him with a felon having a firearm?
Asked on Jun 19th, 2013 on Criminal Law - Michigan
More details to this question:
My husband is being charged with being armed and going on a terror of the people. He already has a precious felony on his record.
3 ANSWERS
Criminal Law Attorney serving Oakland, CA
at
Law Office of Jared C. Winter
Update Your Profile
If he pleads guilty to criminal threats (Penal Code section 422), which is what I'm assuming he has been charged with based on your description, then they would not be able to later prosecute him for ex-felon in possession (PC 29800(a)) as long as we are talking about the same incident. But it would be foolish to plead to a 422 to avoid a 29800(a) charge, because 422 is far more serious.
Answered on Jun 20th, 2013 at 2:32 PM
Thomas Edward Gates
While they could add the charge, it is likely they would since it was not one of the initial charges. However, it could be threaten they would do so to force him accepting a plea offer. This is a common practice.
Answered on Jun 20th, 2013 at 12:25 PM
Michael J. Breczinski
He needs to make it part of the deal that they will not charge him with anything else.
Answered on Jun 20th, 2013 at 9:58 AM