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RobertJDFL
RobertJDFL, Lawyer
Category: Criminal Law
Satisfied Customers: 12132
Experience:  Experienced in multiple areas of the law.
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My son is on probation. Felony charge states can't be around

Customer Question

My son is on probation. Felony charge states can't be around guns or ammunition. Now charged with being around guns. My son was not at the home where guns were. He was at his father's and my home. Officers "said" neighbors had seen him at home where my husband's guns were. Neighbors deny say this. Does my son have a chance getting charges dropped
Submitted: 5 months ago.
Category: Criminal Law
Expert:  RobertJDFL replied 5 months ago.

Thank you for using Just Answer. I look forward to assisting you.

Based on these facts, I would say he has a chance, yes. If the only "evidence" is the statement of the neighbor and the neighbor denies saying it (and would tell the prosecutor that and/or sign an affidavit to that effect that he never saw him at home with the guns and never made such a statement to the authorities) then in the absence of other evidence I would say the prosecutor would be unable to prove a violation of probation.

Also, as an aside, can he not be in the house at all, or merely not in the possession of the weapons? While it's never a good idea for a convicted felon to be around weapons/ammunition, where it can be shown, for example, that the guns and ammunition were kept in a locked gun safe that he doesn't have the combination to and cannot access, he couldn't then be in possession.

Did you need clarification or additional information about my answer? If so, please reply, I'm happy to assist further. Otherwise, please remember to leave a positive rating for me by clicking on the stars,as experts are not employees of this site and we are only paid if you leave a positive rating.Thank you!

Expert:  RobertJDFL replied 5 months ago.

Just following up with you as my system is telling me you have not seen my answer?

Did you need clarification or additional information about my answer? If so, please reply, I'm happy to assist further. Otherwise, please remember to leave a positive rating for me by clicking on the stars,as experts are not employees of this site and we are only paid if you leave a positive rating.Thank you