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    ToBeLisa's Avatar
    ToBeLisa Posts: 1, Reputation: 1
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    #1

    Jun 19, 2012, 11:17 PM
    How much time of first probation violation charge?
    My husband has 3 yrs left on probation. The reason he is on probation is due to him taking our two boys on a deer hunting trip, which he had a felony back from when he was 17. So the DNR arested him for convicted felone being around a firearm. He also had the same charge years ago when his brother had moved he and had a riffle for deer hunting and his wife called the law and anyway my husband was charged with being around the gun as a felone. He has three yrs left on probation. He is now in jail charged with conveted felony possession of a fire arm & marijuana with intent. HE wasn't around the riffle it belongs to our son who used it for coon hunting which he kelp it in the barn. My husband wasn't around the gun it was unloaded not in our home. This is his first time of a probation violation. What do you think might happen. He isn't a violate person no violate charges.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Jun 20, 2012, 05:17 AM
    You need to worry more about the new charge.

    1. gun does not have to be in home, in the barn on your property is more than enough to convict him.
    2. gun does not have to be loaded, in fact there does not have to be bullets within a mile, not required for conviction.
    3. gun does not even have to be in firing condition, I have a family member doing 10 years in prison for one that was rusted shut and could not even open to load.

    This is his third time of being "around" they call that possession of a weapon as a convicted felon, I doubt they have much love at this point and time, add the drugs and it gets worst.

    I would say he will do 4 or 5 years in prison at best, if they turn it over to the Feds ( don't keep it as a state charge) he will do more.

    He needs the best attorney money can buy, and start trying to work on a plea deal.

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