waffle said:
Christ-ian said:
waffle said:
Unless we have some real evidence that the charges are getting reduced or sealed
That's probably it then. Occam's razor, dude.
I don't think this in an Occam's razor situation though, they don't reduce charges that often when you've already gotten off so easy. And a lot of times if they do reduce them they make you wait one to five years to make sure you don't re-offend. At vest I think it's a toss up
In my state, I've seen people have it noted on their plea bargains that they can petition the court to drop a felony charge down to a misdemeanor after successful completion of probation. But this hearing for Chris was set before the completion of CWC's probation. Why set a hearing before you know if probation will be successful?
And to have the record expunged or sealed, there's no way they'll be taking action on that before his probation is even over. And he should be the one to initiate the proceedings. The state has no interest in reducing or expunging unless you ask them to.
Chris also committed a class 5 felony, not the 'lightest' possible, which would be a class 6.
From the VA Secretary of the Commonwealth (State) regarding expungement for felonies and restoration of rights:
New Criteria for Non-Violent Felon restoration (effective May 29, 2013):
http://www.commonwealth.virginia.gov/ju ... ration.cfm
"Have been convicted of a non-violent felony in a Virginia court, or convicted in a U.S. District Court, military court or a court of another state or territory
Have completed serving the prison sentence and been released from probation or parole; and
Have paid all court costs, fines to the Commonwealth and restitution to the victims, satisfied all court-ordered conditions, and have no pending felony charges.
If you have lost the right to vote as a result of a felony conviction in a Virginia court, a U.S. District or a military court, you must have your rights restored in order to qualify for voter registration. The restoration of rights restores the rights to vote, to run for and hold public office, to serve on juries and to serve as a notary public. It does not include the right to possess or transport any firearm or to carry a concealed weapon.
In order to be eligible for restoration of rights by the Governor, an applicant who has been convicted of a violent felony must:
Must be a resident of Virginia, and/or have been convicted of a felony in a Virginia court, a U.S. District court or a military court
be free from any sentence served or supervised probation and parole for a minimum of five years for a violent felony or drug distribution, drug manufacturing offense, any crimes against a minor, or an election law offense.
have paid all court costs, fines, penalties and restitution and have no felony or misdemeanor charges pending.
not have had a DWI in the five years immediately preceding the application.
Not have any misdemeanor convictions and/or pending criminal charges for five years for a violent felony or drug distribution, drug manufacturing offense, any crimes against a minor, or an election law offense."
So, is failing to stop a violent felony? Even if he could restore his rights, he's still a felon, and restoration will only give him the right to serve on a jury, vote, be a notary public or run for office. He will do none of those things no matter his criminal status.
Now there was the talk about Bob having a .38 or some other such gun in his filing cabinet or somewhere in the house. Since Chris & Barb are both felons and are/were on probation and cannot possess a firearm, where's the gun?