What happens if someone on probation gets caught with a gun by police? 5 Answers as of June 17, 2011

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?

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Theodore W. Robinson, P.C.
Theodore W. Robinson, P.C. | Theodore W. Robinson
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: 6/17/2011
Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
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: 6/17/2011
Law Office of Jared Altman
Law Office of Jared Altman | Jared Altman
They are in very serious trouble. They need to get a lawyer right away.
Answer Applies to: New York
Replied: 6/17/2011
Law Offices of John Carney
Law Offices of John Carney | John Carney
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: 6/16/2011
The Purnell Law Firm
The Purnell Law Firm | Simon Purnell
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: 6/16/2011
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