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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 15916
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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my son got coucht shooting a deer last year he is on probation

Customer Question

my son got coucht shooting a deer last year he is on probation and not allowed to be in posession with a fire arm, he got cought last night with 3 fire arms in his truck and a hand gun he is 16 , game wardens drilled him today at my home what charges could he be looking at ,do you think i need to get a lawyer ? im confused thanks
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.
Hello Jacustomer,

You absolutely must see to it that your son has a lawyer. First of all he is 16, which in North Carolina makes this an adult rather than a juvenile offense. Secondly, he is likely to be violated on probation and can be resentenced to anything on up to the maximum sentence that the law allows for the crime that he pled to. He will not get credit for time spent on probation.

Finally, as a felon in possession of a firearm, he faces a Class G felony. The presumptive sentence would be 12-15 months in jail.
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 15916
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Zoey_ JD and 9 other Criminal Law Specialists are ready to help you
Customer: replied 1 year ago.

game wardens said they would work with him but they said that last time and lied in courtroom, should i get a lawyer now or wait untill they charge him

 

they also took his cell phone is that bad?

Expert:  Zoey_ JD replied 1 year ago.
Hello Terry,

I am sorry for the delay. I had guests here last evening and was not working on the site.

If you can afford a lawyer, you should have one with your son at his arraignment. If not, he should plead not guilty and ask the court for a public defender.

Once a person has been convicted of a felony he loses his state and Federal gun rights. This is what we call a strict liability offense, in that a felon has no right to possess, own, or exercise contnrol over any firearms whatever the circumstances. So the rangers are probably lying to your son about working with him. Only a lawyer will be able to do damage control here, by negotiating the least sentence possible. Under the state sentencing guidelines the low sentence range is 9-12 months of prison, so if he is going to be able to avoid a jail sentence at all, it will be because a lawyer was able to convince the prosecutor to offer a plea to a reduced charge or to grant him house arrest.

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