Is it possible to get probation for a firearm charge if I have a clean record? 19 Answers as of January 24, 2013

I have never had any charges or run-ins with the police. I was very cooperative and I am hoping that I can get some sort of probation.

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Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
Probation is possible, but you do not select your punishment.
Answer Applies to: Georgia
Replied: 1/24/2013
Law Office of Brendan M. Kelly
Law Office of Brendan M. Kelly | Brendan M. Kelly
Yes, they look at your history and the nature of the charges involved.
Answer Applies to: Nebraska
Replied: 1/24/2013
Timothy J. Thill P.C.
Timothy J. Thill P.C. | Timothy J. Thill
Depending on the circumstances of your case, and the statutes applicable in your state and county, there is a good chance of getting probation. However, certain small town courts, and rural courts may be stiffer than big metropolitan courts, and may tack on some jail time to that probation.
Answer Applies to: Illinois
Replied: 1/21/2013
Universal Law Group, Inc. | Francis John Cowhig
Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. Depending on the exact charges, probation is a possibility. I strongly suggest that you contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding your case. He/she would then be in a better position to analyze your case and advise you of your options.
Answer Applies to: California
Replied: 1/21/2013
Reza Athari & Associates, PLLC | Seth L. Reszko
Without knowing the actual charge for the conviction or all of the facts and circumstances I cannot make any assurances about what will happen. However, depending on the violent nature of the firearms charge can dictate whether you will be offered probation or whether a Judge will grant you probation. If there is no violence towards a victim on the firearms charge, your chances are better for probation, also provided you have no significant prior criminal history. The more violent in nature the charge towards a victim, the more likelihood probation will be more difficult for a Judge to award.
Answer Applies to: Nevada
Replied: 1/21/2013
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    Generally first offenders can get probation in most - not all cases and situations. This is something to discuss with your lawyer.
    Answer Applies to: Texas
    Replied: 1/21/2013
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    If you have a clean record then it might even be possible to keep your record clean depending on the circumstances. You need a good attorney.
    Answer Applies to: Michigan
    Replied: 1/21/2013
    Patrick Earl Attorney
    Patrick Earl Attorney | Patrick Owen Earl
    Your question is too general. What type of firearm case are we talking about here? Misdemeanor, felony. Is it in the State of WA. If so contact me, I can help.
    Answer Applies to: Washington
    Replied: 1/21/2013
    William L. Welch, III Attorney | William L. Welch, III
    Unless the charge or a notice states that a mandatory jail sentence is required, then it is possible to get probation. However perhaps the bigger question is how likely is a person to get probation. In communities that experience a lot of gun violence, such as Baltimore city, judges rarely sentence to probation instead of jail, even for a first time firearm offense.
    Answer Applies to: Maryland
    Replied: 1/21/2013
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    It depends on the state. Alabama yes.
    Answer Applies to: Alabama
    Replied: 1/21/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Get a good attorney, anything is possible, but without details it is impossible to even speculate.
    Answer Applies to: Michigan
    Replied: 1/21/2013
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Cooperation simply means you've incriminated yourself. Hire a lawyer if you want any chance.
    Answer Applies to: California
    Replied: 1/21/2013
    The Trabin Law Firm, P.L.
    The Trabin Law Firm, P.L. | Eric J. Trabin
    It is always possible depending upon what the prosecutor is willing to agree to. That being said, it really depends on what you are charged with. Aggravated assault with a firearm comes with a 3 year minimum mandatory prison sentence. Robbery with a firearm comes with a 10 year minimum mandatory prison sentence. Prosecutors here in Florida are unlikely to agree to a downward departure in most firearm cases.
    Answer Applies to: Florida
    Replied: 1/21/2013
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    We cannot tell you what the outcome might possibly be if we do not even know the charge.
    Answer Applies to: Florida
    Replied: 1/21/2013
    Correia-Champa & Mailhot
    Correia-Champa & Mailhot | Susan Correia Champa
    It depends on the charge.
    Answer Applies to: Massachusetts
    Replied: 1/21/2013
    Attorney at Law
    Attorney at Law | Michael J. Kennedy
    Yes. Or you could fight it. People don't need to always cave in, even if they think they are guilty.
    Answer Applies to: California
    Replied: 1/21/2013
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    "Firearm charge" can mean anything from illegally possessing to firing it. Without knowing the exact charge or the facts, nobody can guess. Contact a local criminal defense attorney that routinely practices in the court where your case will be heard.
    Answer Applies to: California
    Replied: 1/21/2013
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