View Full Version : Probation
unit714
Jan 2, 2010, 09:18 PM
I'm on probation for five years for weed. I have ben on for a year my daughter live's with her mother and she is also on probation. Her and her boyfriend came to my house to use my copying machine. Her mother calls and say's the probation officer is at her house for a home visit and now their on their way to my house to see her,my daughter tell's me that her and her boyfriend are both felon's and they can't be together so I tell him to go fix that tire in the barn. They show up two probation officer and two policemen she goes outside their out side for a little bit and I see flashlights going around by my car's. So I walked outside the p.o. say's to me that my daughter's boyfriend has a warrant for stealing. So the p.o. say's if yo've seen him I told her he's in top the barn. We go out their and he's slipped out the back down the ladder so were all yelling for him and looking they had small flashlights so I went in my house and got my spot light and we find him in the weed's. They arrest him, my p.o. thank's me for my cooperation. OK next month me and my wife are sleeping in the morning my p.o. and another p.o. a policeman and two taskforce agents come pounding on my door. I open the door she's say's she is here for a home visit. They all come walking right in my wife is still sleeping in the bedroom.my p.o. walk's back to the bedroom where two joint's are on my nightstand she ask me if I had any weapon's I said yes in are closet is three gun's. She asked me if there is anything else I said no. they search everywhere nothing they arrest me and she' said again thanks for your cooperation off to jail. This is my first offense do you think I could get drug court
excon
Jan 3, 2010, 06:32 AM
Hello Unit:
So, when your daughter told you that she wasn't supposed to be with her boyfriend, why did you tell them go into the barn?? Then when the cops show up, why did you help them bust your son in law??
If you told us about that because you think they'll be easier on you because you snitched on your son in law, you're wrong.
Do I think you'll get drug court?? No. A felon in possession of a firearm, while on probation, will do time.
excon
Fr_Chuck
Jan 3, 2010, 12:31 PM
Yes, you best hope is they do't turn it over to the Feds for a trial with them, you will get a lot more time.
I doubt they even do anything on the couple joints, just throw it in, I would say you are looking at at least 5 years for the weapons.
unit714
Jan 3, 2010, 01:47 PM
The guns are my wife's
twinkiedooter
Jan 3, 2010, 04:00 PM
It is irrelevant just whose guns they are. They were well within your reach being in the same household as you were residing in. Your wife should have kept her guns elsewhere while you were on probation and then after you completed probation as well. Guns are not allowed in a residence that has a felon in it period regardless of who owns the gun(s). You will be charged accordingly and could possibly spend 5 years in prison for your wife's guns being in the same household as you were in.
Fr_Chuck
Jan 3, 2010, 04:48 PM
Does not matter if they guns belong to the POPE and he had them blessed, in fact the guns don't even have to be currently functional, esp in federal court.
If they were your wife's and she did not have them in a locked safe where you had no way to even touch them, you had access to the guns,
So if they were in the home and available, you will be found guility, the DA does not have to prove who they belonged to, does not even normally have to prove they can still fire, just that they are able to be made to fire and you had access to them.
unit714
Jan 3, 2010, 06:58 PM
When was someone going to let us know p.o. never said anything to me . Don't they have the technologie to tell I've never shot them and neither has my wife. Their her family heirlooms.
unit714
Jan 3, 2010, 07:00 PM
Maybe if the p.o. would have made a home visit when I first got on to tell me what I could and could'nt have this is my first felon.
Fr_Chuck
Jan 3, 2010, 07:27 PM
Sorry, does not work like that, there should have been a meeting of rules when you first meet the PO, but even if not, sorry, one of the great things on US law, does not matter if you knew of the law or not, it is the law
excon
Jan 3, 2010, 07:44 PM
Hello again, u:
You signed a copy of your probation rules even if you don't remember. It said that you must obey all laws, if it didn't mention anything about guns. A felon, as you're learning, may not be in possession of a firearm. Doesn't matter that it's your wife's... Doesn't matter that you never shot it...
What DOES matter is that it's a state problem, not federal, and I doubt your PO will prosecute you for the guns or turn it over to the feds who WILL prosecute you.
In any case, you will probably spend some more time in the pokey... But, not years...
excon
Fr_Chuck
Jan 3, 2010, 07:49 PM
Don't know excon, I have a family member, the PO did a home inspection, he had a old single shot shotgun on the wall, it was rusted shut, I had even warned him about it, but he laughted and said he doubted it would ever shoot without blowing up.
Well guess what, home inspection, they turned it over to the Feds who took it to court, they were going after 15 years in prison , they finally did a plea for 7 years with 4 to serve.