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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27752
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Son received 5 years probation. Per s attorney, the court

Customer Question

Son received 5 years probation. Per his attorney, the court agreed that my son would be able to reside with us as long as our firearms were secured. They are very strongly secued. Now probation is saying he can not reside with us. My son's attorney said he would have this handled with the court, over a month ago. We can not get the attorney to respond. My son has no other place to reside.What can my son do?
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 2 years ago.


If the court will not overrule probation with regard to this matter, unfortunately, the only way your son will be able to live with you would be if you removed the firearms from your household.

Your son, as I'm sure you know, has no gun rights, and if probation believes that there's any possible way that your son could take custody and control over your firearms while living in your house, they are going to want those guns gone. Regardless of what the judge said, probation's requirements about no guns in the household are standard requirements everywhere in this country.

It is an unfortunate truth that if you want to share your home with someone who has lost his civil rights, your own civil rights get abridged to accommodate his situation. That means your home would be subject to random searches and that anything which would be contraband for him cannot be there. I can understand why you may not want that. But if the judge won't make this dilemma easier for you over probation's objection, all you can do is to offer to temporarily house the guns elsewhere, or help your son to find separate living accommodations. I am sorry to be the bearer of bad news.