Can probation be an option in felony firearm possession? 3 Answers as of September 09, 2010

My boyfriend was arrested for felony possession of a firearm. He was traveling in a car with some of his “friends” when they were pulled over. One of the other passengers in the car is on probation and has a criminal record. The gun did not even belong to my boyfriend. He does not have a criminal record, only some traffic tickets. Will he have to remain in jail or can he just be put on probation?

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Nelson & Lawless
Nelson & Lawless | Terry Nelson
You do not appear to have the full story. Felony possession customarily means a convicted felon found in possession of a weapon. If you meant possession of an illegal weapon, that is different. You need to determine what the actual charges are against him.

Whether he stays in jail depends on whether he bails out or is released OR by the judge. Whether he ends up on probation depends upon whether he is convicted or enters a plea bargain or somehow his attorney gets the charges dismissed.

If he is serious about hiring counsel to represent him, feel free to contact me.
Answer Applies to: California
Replied: 9/9/2010
Law Office of Joe Dane
Law Office of Joe Dane | Joe Dane
From what you wrote, I am not sure why he would be charged with the felon in possession of a firearm charge. They have to prove he knowingly possessed the firearm and had a qualifying conviction for that charge. There may be other charges he might face- from misdemeanors on up. If they are charging him with gang allegations, then my answer might change or if there is more to the story that you do not know. With no prior record, probation seems likely, but it depends on all the facts and what his attorney can work out for him.
Answer Applies to: California
Replied: 9/8/2010
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