Would I get probation if I do not have a background, take on a gun charge for someone else and the gun is not properly registered? 30 Answers as of June 13, 2013

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Law office of Robert D. Scott | Robert Scott
Not necessarily, firearam charges are serious and carry substantial jail time.
Answer Applies to: Maryland
Replied: 9/12/2012
Law Office of Richard Williams
Law Office of Richard Williams | Richard Williams
You could likely get probation if you have a lcean record. However, you will get a conviction and a permanent record. Maybe you should consult with an attorney and/or request a court-appointed attorney.
Answer Applies to: Alabama
Replied: 9/11/2012
Law & Mediation Office of Jeffrey L. Pollock, Esq.
Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
No one could answer that without knowing who the Judge and ADA are on the case.
Answer Applies to: Pennsylvania
Replied: 9/11/2012
Law Office of Phillip Weiser
Law Office of Phillip Weiser | Phillip L. Weiser
Probation is usually an option for the judge. Whether he will exercise the option will depend upon the specific facts of the case. You should consult an attorney.
Answer Applies to: Kansas
Replied: 9/9/2012
Thomas J. Tomko Attorney At law
Thomas J. Tomko Attorney At law | Thomas J. Tomko
I cannot imagine why you would want to "take" a misdemeanor or felony charge for someone else. This could lead to terrible results. You could end up being both charged, and the gun could lead to unexpected charges against you. That is a terrible idea.
Answer Applies to: Michigan
Replied: 9/7/2012
    Law Offices of Mark L. Smith
    Law Offices of Mark L. Smith | Mark L. Smith
    You might get a suspended sentence if a projectile was discharged you may get jail.
    Answer Applies to: Rhode Island
    Replied: 9/5/2012
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    The honest answer is that no attorney can predict the outcome, nor even give an intelligent opinion, without reviewing and knowing all the charges, evidence, police reports, expected testimony, priors history, etc. Gun crimes and charges are taken seriously by the courts. The charges actually filed by the prosecutor will determine how much ?time? and other penalties could potentially be imposed. You?ll learn the actual charge[s] and any enhancements filed and get copies of all the police reports and prosecutors? evidence when appearing for arraignment at the first court hearing. In California, if convicted of any felony, you potentially face one or more years in prison, plus fines; on any misdemeanor, you potentially face up to 12 months in jail, plus fines. When questioned, arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or statement be used against you, can you be convicted, and what can you do? A little free advice: exercise the 5th Amendment right to SHUT UP and do NOT talk to police or anyone about the case except with and through an attorney. No amount of free 'tips and hints' from here or elsewhere are going to effectively help you in your legal defense. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, program, or other decent outcome through motions, plea bargain, or take it to trial if appropriate.
    Answer Applies to: California
    Replied: 9/5/2012
    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. However, with a gun charge, you may be looking at some serious jail time. I strongly suggest that you contact an experienced criminal law 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: 9/5/2012
    Steven Alpers | Steven Alpers
    I don't even know if you could take responsibility. See a lawyer.
    Answer Applies to: California
    Replied: 9/5/2012
    Law Offices of Steven R. Decker
    Law Offices of Steven R. Decker | Steven Decker
    In Illinois many unlawful use of a weapon charges currently require a mandatory jail sentence.
    Answer Applies to: Illinois
    Replied: 9/5/2012
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    Why would you want to take the rap for someone else? This is stupid. If they were the criminal they should deal with the matter, it is their own bad actions that you are helping them avoid and you will be punished some how for it AND have a record and all the problems with having a record. No matter what the sob story they give you, they knew better before hand and should not have done it and now are afraid of the consequences of thier actions. They are cowards even to ask you to do this.
    Answer Applies to: Michigan
    Replied: 9/5/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Probably not. The fact that you would take a gun charge for someone else shows how insane you are!
    Answer Applies to: California
    Replied: 9/5/2012
    Law Office of Neal L. Weinstein
    Law Office of Neal L. Weinstein | Neal L. Weinstein
    If you are asking, "can I lie to the Court and take responsibility for something I didn't do?", to help some other person avoid a criminal conviction and jail, the answer is NO. That would be perjury and obstructing justice and you will regret your actions later and are really stupid if you do. Don't do it.
    Answer Applies to: Maine
    Replied: 9/5/2012
    Gates' Law, PLLC | Thomas E. Gates
    Depends on the charge. You could be charged with a Felony and lose your right to vote and to have a firearm. You could also get jail time. A background check by a prospective employer will show the conviction and you will likely not get the job.
    Answer Applies to: Washington
    Replied: 9/5/2012
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Never, never, never take a charge for another. It is perjurous, not to mention will effect the rest of your life.
    Answer Applies to: Michigan
    Replied: 9/5/2012
    Conway Law Pllc.
    Conway Law Pllc. | B. L. Conway
    Well, the 1st Thing to do is Get a Great Lawyer.
    Answer Applies to: Virginia
    Replied: 6/13/2013
    Gregory Casale Attorney at Law
    Gregory Casale Attorney at Law | Gregory Casale
    In MA, most gun possession charges carry 12 to 18 months of mandatory jail time, regardless of your history. I would advise you to speak to an attorney before you make any decision.
    Answer Applies to: Massachusetts
    Replied: 9/5/2012
    Law Office of Mark Bruce
    Law Office of Mark Bruce | Mark Corwin Bruce
    You should never "take" a charge for which you are not guilty. Period. It is likely a felony and will haunt you for the rest of your life.
    Answer Applies to: California
    Replied: 9/5/2012
    Mary W Craig P.C. | Mary W Craig
    My first question would be why you are accepting a criminal charge for someone else. If you have no criminal background, chances are you will get probation, but nothing is guaranteed.
    Answer Applies to: Alabama
    Replied: 9/5/2012
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    You may but it depends on the facts and the actual charge.
    Answer Applies to: Washington
    Replied: 9/5/2012
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    You are free to claim that the gun is yours. Five years from now when you are having difficulty finding suitable employment, please do not write and explain how you took a gun charge fro someone, but did not understand how it would impact you in the future. Liars, thieves, gun toters suffer with poor employment or unemployment, that's life.
    Answer Applies to: Georgia
    Replied: 9/5/2012
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    Maybe.
    Answer Applies to: Nebraska
    Replied: 6/13/2013
    T.K. Byrne | Timothy K. Byrne
    You are commuting perjury if you take that course of action
    Answer Applies to: Mississippi
    Replied: 9/5/2012
    Myles Hahn III Attorney at Law | Myles Hahn III
    Retain an experienced criminal law attorney in your area immediately. Many State's Attorneys take weapons offenses extremely seriously. Discuss the options with your attorney.
    Answer Applies to: Illinois
    Replied: 9/5/2012
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    Gun charges are very serious and can carry with hem presumptive jail sentences. Probation is no guarantee. You should hire experienced counsel.
    Answer Applies to: Minnesota
    Replied: 9/5/2012
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    I do not know what crime you are talking about, but if it is a felony gun possession most prosecutors will not reduce that charge in New York State and they will usually ask for a prison sentence even for a first offense. It would be a very bad decision to plead guilty to a felony that you are innocent of. You will find it very hard to get a decent job for the rest of your life, have trouble getting into schools, lose your right to vote, and if you get a second felony it is mandatory incarceration.
    Answer Applies to: New York
    Replied: 9/5/2012
    Douglas M. Philpott, P.C. | Peter J. Philpott
    I would not do that you could also get jail.
    Answer Applies to: Michigan
    Replied: 9/5/2012
    Healan Law Offices
    Healan Law Offices | William D. Healan, III
    You don't have to register a gun in Georgia.
    Answer Applies to: Georgia
    Replied: 9/5/2012
    William L. Welch, III Attorney | William L. Welch, III
    Not necessarily. You might receive up to the maximum, because sentencing depends on the seriousness of the offense, your record, mitigatin, and the judge. If the authorities later discover the truth, you might be charged with additional crimes, including false statement and perjury.
    Answer Applies to: Maryland
    Replied: 9/5/2012
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