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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27757
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I am about to finish my probation this September and I had

Customer Question

I am about to finish my probation this September and I had a very clean probation with no arrest what so ever or any mishaps with the law. Recently, CPS had to check my place after my son had a freak accident that resulted him being in ICU. CPS found two of my firearms and a couple of steroids I use for myself. Am I in big trouble here and will I go back to jail even though I led a very a very law abiding life for nearly 5 years? I am a veteran who is also 80% disabled due to Post Traumatic Stress from the war I experienced back in the Middle East.
JA: My brothers got into lots of trouble with the law when they were young. The Criminal Lawyer will know how to get you the best outcome. Have you consulted a lawyer yet?
Customer: No
JA: Please tell me everything you can about this issue so the Criminal Lawyer can help you best. Is there anything else important you think the Criminal Lawyer should know?
Customer: That's all I can think of
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Criminal Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.
Hello, Are you on misdemeanor or felony probation? For what offense? What was the outcome of the CPS investigation? Did they provide any information to the prosecutor? In what US state are you?
Customer: replied 1 year ago.
Felony probation. I was charged in Hawaii for terroristic threatening, kidnapping and abuse of a woman. CPS just took my firearms and one officer said they might just keep the weapons for good. I have no clue if they provided info to the prosecutors. I have not heard from any of them for a nearly a week now. I am in Virginia.
Expert:  Zoey_ JD replied 1 year ago.
Thanks for the prompt reply. I do not have good news for you. If you have pled guilty to a felony, you have lost both your state and Federal gun rights. Furthermore, if your conviction involved domestic violence, then under the Violence against Women Act and the Lautenberg Amendment your Federal gun rights are gone for good. If CPS contacts the probation and lets them know that you have weapons in your home, not only can your probation officer violate you, but you can also be rearrested for being a felon in possession of a firearm. With a prior violent felony conviction, there is a mandatory minimum 5 year prison sentence for such possession in the state of Virginia. It is very good that a week has gone by without any action but it does not mean that the state can't or won't charge you with a crime. This matter is potentially very serious. It would be in your interest to find yourself a local criminal lawyer. You would not have to retain the lawyer yet because there's nothing for that lawyer to do. But if/when the shoe drops and the state wishes to charge you, you won't have the time then to shop and find someone experienced who can protect your rights and assist you in this case.
Expert:  Zoey_ JD replied 1 year ago.
Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.