What happens if someone on probation gets caught with a gun by police? - Criminal Law Questions and Answers- LawQA.com

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What happens if someone on probation gets caught with a gun by police?

What happens if a person has a criminal background with gun charges and they do 8 years in prison, then come home on probation and end up getting caught with a gun on them by the police?

Theodore W. Robinson, P.C.
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If you've already done 8 years in prison for weapons possession,you should know the answer. First, it's a violation of Probation, which will likely result in a jail sentence. Second, it most likely will be considered a separate charge by the police or Probation Department. Hire a lawyer right away to defend you strenuously. Good luck.

Answer Applies to: New York
Replied: 6/16/2011

Edward  D. Dowling IV Attorney at Law
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Generally you will be charged with the underlying crime- probably possession of weapons and because you were on probation at the time, you will most likely be charged with a violation of probation. You should hire an attorney.

Answer Applies to: New York
Replied: 6/16/2011

Answer By Jared Altman
Law Office of Jared Altman
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They are in very serious trouble. They need to get a lawyer right away.

Answer Applies to: New York
Replied: 6/16/2011

Answer By John Carney
Law Offices of John Carney
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Your summary states that you did 8 years in prison for a gun charge and were on probation when you were caught with a gun. First of all, I suspect that you were on parole if you just got out of prison, but even if you were on probation it would still be a serious violation that will probably result in a jail sentence. If you were in parole you would be in jail right now on a parole violation and do the time you owe on parole. Felons cannot have firearms, so it is a crime for you to possess a weapon and a violation of your parole terms.

Answer Applies to: New York
Replied: 6/15/2011

Answer By Simon Purnell
The Purnell Law Firm
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If the person did 8 years in prison, they are a felon. A felon in possession of a weapon is subject to prosecution in the federal system and most state systems.

Answer Applies to: Texas
Replied: 6/15/2011

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