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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 21733
Experience:  Handle criminal matters in both state and federal courts.
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My Brother was arrested yesterday for probation violation.

Customer Question

My Brother was arrested yesterday for probation violation. He lives with my father. He has done everything asked by his probation officer. Yesterday his probation officer came for an inspection. They searched the house. In my fathers bedroom, my father has a gun cabinet (not safe). My father accidently forgot to lock it. The probation officer arrested my brother for probation voilation. I spoke with the P.O and he said that my brother isn't going to see a judge until 6/16/11. He told me the problem was not only that the gun cabinet was unlocked(first time in 2 years), but that it is a cabinet not a safe. Is their regulations on what kind of a safe/cabinet you can use? Is their any advice you can give me?
Geneil, Washington
mellowyellow_903@yahoo .com
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Samuel II replied 3 years ago.

Samuel-II :

Hi

The proper safe would be anything that has a combination lock and where the guns are not visable. For instance the safe has to be made of steel or iron, etc. It cannot be a glass cabinet. I suggest your Father replace the gun cabinet with such a safe and go to your brother's Probation violation hearing and show pictures of what is now securing the firearms.

Samuel-II :

He can explain that your brother has never come into his room and never had contact with the guns. And that he had no idea the cabinet was not satisfactory

Samuel-II :

Your brother can attest that he has been compliant in all of his probation conditions.

Samuel-II :

That is all you and your family can do. You can also contact the PO and tell him a safe has been purchased and request that he vouch for your brother's complaiance in all other matters concerning the conditiions of his probation

Samuel-II :

Unfortunately, it is a violation when there are guns that may be obtainable by the offender.

Samuel-II :

So you need to show they are now secured with a safe and combination that your brother will never have access to

Samuel-II :

If you have further questions, you may post them here and i will continue to assist. Otherwise, even if you have a subscription with JA please remember to ACCEPT my answer as that is the only way I can get credit for my time and information in this matter. Thank you and Good luck

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