Legal Question in Criminal Law in California

Probation Violation

The DOJ recently entered my home and confiscated several firearms I am currently on probation until 2008 for assault with a deadly weapon where do I go from here? No report from DOJ has reached the D A `s office


Asked on 10/17/07, 3:53 pm

3 Answers from Attorneys

david billingsley Bonjour, Thorman, Baray and Billingsley

Re: Probation Violation

Are you on probation for a felony? Do you have probation conditions which prohibit you from owning or possessing firearms.

If the answer to either of those questions is "yes." Then you are in danger of a probation violation or potentially a new criminal charge.

Any probation violation is going to come from the D.A.s office, so you can continue to monitor any potential violation with their office.

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Answered on 10/17/07, 4:51 pm
Elena Condes LAW OFFFICE OF ELENA CONDES

Re: Probation Violation

Was it the federal Department of Justice or the state Department of Justice?

If you are currently on probation for a felony or the listed misdemeanors that prevent you from having a firearm for 10 years following the conviction, then you risk a probation violation and a new felony charge. If it was the federal Department of Justice, then you risk a probation violation and potential federal firearm charges.

It may be in your best interest to consult with an attorney at this point.

Good luck,

Elena Condes

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Answered on 10/17/07, 5:19 pm
Terry A. Nelson Nelson & Lawless

Re: Probation Violation

"Where do you go from here?" Probably prison. Assuming your original conviction was a felony, you are a 'person prohibited' from possession of firearms or ammunition. A violation of that prohibition subjects you to potential federal and state felony charges, with serious prison time on each. You also probably violated your probation and parole terms which frequently bar you from firearms possession; the punishment is potentially return to jail to serve the balance of your originally ordered sentence.

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Answered on 10/17/07, 5:36 pm


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