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Dimitry Esquire
Dimitry Esquire, Attorney
Category: Criminal Law
Satisfied Customers: 38103
Experience:  I provide general practice and mediation & arbitration services to my clients.
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if it is your first offence can you be charged with multiple

Customer Question

if it is your first offence can you be charged with multiple charges even if there were other people involved
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Dimitry Esquire replied 4 years ago.
Yes you can. It sounds very likely that you were charged with conspiracy, which allows you to be charged with all other offenses even if you were not the primary perpetrator of the offense. The prosecutor is always free to charge as many as possible if relevant to the offense.

Sincerely,

Dimitry Alexander Kaplun, Esq.
Customer: replied 4 years ago.
ok but my husbend was not the only person arrested and one of the other guys addmitted to one of the charges but yet the D.A is still charging my husbend for something that was not his that charge was tamperd cereal on a firearm.
Expert:  Dimitry Esquire replied 4 years ago.
Then your husband must attempt to prove that he was not responsible for the charge--however if he was with the others, the DA is free to charge your husband with conspiracy and as a "furtherance of the felony" charge ALL of the people with conspiracy to tamper with the serial number of a firearm.





Sincerely,





Dimitry Alexander Kaplun, Esq.
Customer: replied 4 years ago.
but nobody ealse is being charged not even the guy who addmited that that weapon was his. He told NDI that weapon belonged to him and he does not have that charge on his record. Also my husband asked his lawyer to send me copys of the police reports and any document that he might have reguarding his case and the lawer said no why cant he give me copys if that was my husbands request.
Expert:  Dimitry Esquire replied 4 years ago.
Then I am a bit confused. What exactly is your husband being charged with? And his attorney, is he a public defender?
Customer: replied 4 years ago.
position of crystal meth wieghed in at 26 grams and a little over 10 pounds of marajana and tampering with a cereal number of a firearm. yes his lawer is a public defender but onistly i thought that lawyer were suppost to deffend there clients and this lawyer wants him to addmit to charges that arent his. The other guy that was arrested with my husband addmited that the firearm was his and that charge is still being applyed to my husband two other guys ran from the residence and both my husband and the other guy said that the marajana belonged to the men that ran and they still applyed the charge to my husband and the other guy.
Expert:  Dimitry Esquire replied 4 years ago.
I am sorry but you will not like my answer. The prosecutor is completely within his rights to charge your husband with this offense. here's why.

From the facts you describe, your husband was caught with 26 grams of meth and 10 pounds of pot that they were transporting. Transportation of so much contraband is considered a felony, and is also deemed a conspiracy to traffic. Because it is a conspiracy, ANY acts done in furtherance of the felony can be attached to any and ALL participants.

Even if your husband did not participate and did not even know of an unfiled and unlicensed firearm, but it was brought with them for the perpetuation of the felony, your husband also gets charged.

I am sorry, but that is perfectly within the rights of the DA. You may want to consider plea bargaining or hiring a private attorney who may be able to get a better deal (and possibly remove this from the list of charges), but the initial charge is absolutely correct.

Regretfully,

Dimitry Alexander Kaplun, Esq.

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Customer: replied 4 years ago.
ok thank you. One last thing what is a Felany B & D
Expert:  Dimitry Esquire replied 4 years ago.
You are most welcome.

A Felony B in Nevada is a type of felony that for which the minimum term of imprisonment in the state prison that may be imposed is not less than 1 year and the maximum term of imprisonment that may be imposed is not more than 20 years.

A category D felony is a felony for which a court shall sentence a convicted person to imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 4 years. In addition to any other penalty, the court may impose a fine of not more than $5,000, unless a greater fine is authorized or required by statute.

Sincerely,

Dimitry Alexander Kaplun, Esq.

_____________________________________________________________________
Please click "accept" so I can be compensated for my assistance. Thank you!

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