QUESTION

If on probation for drinking and driving, can a person possess a firearm and why does a probation officer never visit an individual’s home?

Asked on Mar 27th, 2014 on DUI/DWI - Michigan
More details to this question:
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5 ANSWERS

Criminal Defense Attorney serving Oakland, CA at Kapsack & Bair, LLP
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Assuming this is the only conviction you have AND its a misdemeanor conviction, this conviction should not prevent you from owning a gun.
Answered on Mar 31st, 2014 at 7:11 PM

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Adoptions Attorney serving Lansing, MI at Austin Legal Services, PLC
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Check your probation terms to make sure but it is customary that a person on probation cannot use or possess any firearms or weapons. Usually the PO will visit the house initially to validate the address.
Answered on Mar 31st, 2014 at 7:11 PM

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Michael J. Breczinski
This depends on the terms in the probation order. The probation agents do not usually visit homes of people on probation for misdemeanors.
Answered on Mar 31st, 2014 at 7:11 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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It depends upon the terms of the probation, and it is not required that the probation officer actually visit the person's residence. For from opinion I would have to have all of the details.
Answered on Mar 31st, 2014 at 7:10 PM

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Criminal Law Attorney serving Van Nuys, CA at Law Offices of Naser J. Khoury
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If you are on probation for drinking and driving, you are on what's called summary probation and it is not monitored probation that is why a probation officer does not come and check up on you. Also a DUI conviction is a misdemeanor unless you seriously injure someone while intoxicated than it will be filed as a felony. Since your conviction is a misdemeanor, you can own and posses a firearm. That being said, if you are convicted of a felony and you are on monitored formal probation you CANNOT own a firearm or even ammunition. One last thing if you are convicted of a misdemeanor and charged with Domestic Violence, even though it is misdemeanor you CANNOT own or possess a firearm under this circumstance as well.
Answered on Mar 31st, 2014 at 7:10 PM

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