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re: Bama's Cam Robinson, Hootie Jones Arrested on Felony stolen handgun and drugs
Posted on 5/18/16 at 11:30 am to RB10
Posted on 5/18/16 at 11:30 am to RB10
quote:
Like I said, additional charges are added all the time.
And like I said, in this situation, what developments would cause the DA to add additional charges?
Posted on 5/18/16 at 11:30 am to WildTchoupitoulas
quote:
He's already been charged with "Illegal Carrying weapon", which is a felony in Louisiana.
It's in the image of the police report at the top of the article:
Correct. I'm wording it poorly.
It would be better to say the charge can still be upgraded to a felony. I don't believe that is a felony charge right now. At least it wasn't listed as one in the report posted earlier in the thread.
Posted on 5/18/16 at 11:31 am to WildTchoupitoulas
quote:
It is a felony. Where is it stated it's not?
There seems to be a lot of confusion about this charge. I read the statute as you do, but tons of posters say it is a discretionary thing and every single report (including those written by local reporters) say Robinson has the only felony charge. It seems like that by now at least some local guy would have point out that both have felony charges if that were the case.
It would be nice to see a Louisiana attorney weigh in with a good, verifiable answer.
This post was edited on 5/18/16 at 11:32 am
Posted on 5/18/16 at 11:32 am to RB10
quote:
don't believe that is a felony charge right now. At least it wasn't listed as one in the report posted earlier in the thread.
This.
They didn't list it as a felony...yet. Not sure why or how.
But yes, it normally is a felony in its own right to possess any gun, stolen or not, and a controlled substance.
Posted on 5/18/16 at 11:32 am to cajunbama
quote:
I think a year suspicion if not dismissal, which in CRobs position would mean he would never play at Bama again
True. A 6-8 game suspension is not out of the question though.
I'd say that's a pretty harsh punishment and would be more than enough.
Posted on 5/18/16 at 11:34 am to Funky Tide 8
quote:
And like I said, in this situation, what developments would cause the DA to add additional charges?
As I said above, "adding", or upgrading in this case technically, a 2nd felony charge is not out of the question.
This post was edited on 5/18/16 at 11:35 am
Posted on 5/18/16 at 11:35 am to Funky Tide 8
quote:
And like I said, in this situation, what developments would cause the DA to add additional charges?
There are legitimate possibilities.
Right off the top of my head, if there was enough pot that they might have been dealing instead of purchasing for personal use.
Or, even as simple as if they were uncooperative with the arresting officer or gave untruthful statements.
Posted on 5/18/16 at 11:39 am to TheCaterpillar
quote:
They didn't list it as a felony...yet. Not sure why or how.
Maybe the guns weren't loaded? It's really the only reason I can think of.
Posted on 5/18/16 at 11:44 am to JustGetItRight
quote:
Right off the top of my head, if there was enough pot that they might have been dealing instead of purchasing for personal use.
Since they referred to it being "residue," I would be surprised if they had any serious weight.
quote:
Or, even as simple as if they were uncooperative with the arresting officer or gave untruthful statements.
Or the detective on the case, but yes, thank you. This is a reasonable answer right here. That would make sense.
Posted on 5/18/16 at 11:44 am to RB10
quote:Do you think since this appears to be their first offense and given their age that the DA will want to hammer them by piling on to the initial charges?
Like I said, additional charges are added all the time.
Is the DA a hard arse that has a zero tolerance policy and wants these guys to serve hard jail time to teach them a lesson or not? I mean it's drugs + guns one of which was stolen. That's bad a first blush IMO. But I don't know the DA's history on shite like this?
Posted on 5/18/16 at 11:46 am to RT1941
quote:
Do you think since this appears to be their first offense and given their age that the DA will want to hammer them by piling on to the initial charges?
I honestly don't know, but if I had to guess I'd say no.
I also think the felony he's already charged with will get reduced.
Posted on 5/18/16 at 11:49 am to JustGetItRight
quote:
There seems to be a lot of confusion about this charge. I read the statute as you do, but tons of posters say it is a discretionary thing and every single report (including those written by local reporters) say Robinson has the only felony charge. It seems like that by now at least some local guy would have point out that both have felony charges if that were the case.
It would be nice to see a Louisiana attorney weigh in with a good, verifiable answer.
The police report at Al.com cites Statute RS 14:95E, which is the one I've been citing here. That statute states, "...hard labor for not less than five nor more than ten years without the benefit of probation, parole, or suspension of sentence." for a FIRST offense. That IS a felony, I don't care what anyone is calling it, prison at hard labor is the very definition of a felony.
Posted on 5/18/16 at 11:53 am to WildTchoupitoulas
quote:That's heavy anyway you look at it.
The police report at Al.com cites Statute RS 14:95E, which is the one I've been citing here. That statute states, "...hard labor for not less than five nor more than ten years without the benefit of probation, parole, or suspension of sentence." for a FIRST offense. That IS a felony, I don't care what anyone is calling it, prison at hard labor is the very definition of a felony.
What idiots.
Posted on 5/18/16 at 11:55 am to WildTchoupitoulas
It can't be that cut and dry can it? Someone who's arrested with some weed and has a couple of shotguns in an unlocked case a few feet away isn't going to be charged with a felony, I wouldn't think.
Posted on 5/18/16 at 11:56 am to RT1941
quote:
That's heavy anyway you look at it.
Too heavy, imo.
You can thank the war on Drugs, and everyone trying to out-do one another for how though they cold be on crime and drugs.
It's fricking stupid and excessive.
Posted on 5/18/16 at 11:58 am to WildTchoupitoulas
quote:
That's heavy anyway you look at it.
quote:Y'all have for profit prisons too don't you? So excessive laws guarantee that revenue stream continues to flow into the prison system.
Too heavy, imo.
You can thank the war on Drugs, and everyone trying to out-do one another for how though they cold be on crime and drugs.
It's fricking stupid and excessive.
Posted on 5/18/16 at 12:02 pm to TheCaterpillar
quote:
They didn't list it as a felony...yet. Not sure why or how. But yes, it normally is a felony in its own right to possess any gun, stolen or not, and a controlled substance.
As I said earlier in another thread, I don't do crim law, which is another animal altogether. It's been interesting looking this up, but I would never want to practice this type of law. See below, re: gun + controlled substance:
On December 17, 2007, Cook was charged by bill of information with possession of a firearm while in possession of a controlled dangerous substance, a felony in violation of La.R.S. 14:95(E). R. 1 - 2. STATE OF LOUISIANA, v. Kevin COOK, 2009 WL 1527593 (La.App. 4 Cir.),
Williams was duly charged . . . with the crime of violating Louisiana Revised Statute 14:95(E) (Possession of a Firearm While in Possession of a Controlled Dangerous Substance), a felony under the law of Louisiana . . ., State of Louisiana, v. Claiborne Williams., 2003 WL 25677106 (La.Dist.Ct.)
Posted on 5/18/16 at 12:02 pm to RB10
quote:
Someone who's arrested with some weed and has a couple of shotguns in an unlocked case a few feet away isn't going to be charged with a felony, I wouldn't think.
That's supposed to be how it works.
It comes from the era of over-exuberance in the fight against drugs.
from the same era that brought you these:
13 years in prison for two marijuana joints
Fourth marijuana conviction gets Slidell man life in prison
Too much is never enough sometimes...
Posted on 5/18/16 at 12:05 pm to RT1941
Thank God Cam chose Bama over LSU.
Posted on 5/18/16 at 12:05 pm to RT1941
quote:
Y'all have for profit prisons too don't you? So excessive laws guarantee that revenue stream continues to flow into the prison system.
Yep, it's called 'running government like a business'.
I mean, how else is Prison Enterprises supposed to recruit?
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