I have completed probation a year and a half early.i was charged with undesgnated felony 6

Asked almost 4 years ago - Scottsdale, AZ

I have a question,i got off probation early i was told that it would be droped to a misdemeanor.i completed probation a year and a half early paid all fines in full.it was never droped to a misdemeanor.all i knew was it was droped.so a year later a traded a boat for a gun and cash.i had a accident were i shot myself in the hand.all i knew was i was allowed to have a firearm i live in az.the cop said he wasint going to charge me with discharge of a firearm he also said i can pick my gun up in a couple of days.i go try to pick it up nd the property wants to do a backround check and a felony came up so i called the courts and ask what i can do to get it droped.they said file a motion to the court.i did on 08/19/10.can they charge me with unlawful possession of firearm.

Attorney answers (3)

  1. Eleanor L. Miller

    Contributor Level 10

    Answered . Yes, unless the judge is willing to designate the offense as a misdemeanor nunc pro tunc -- meaning postdating the misdemeanor designation to before your possession of the gun.

    I'd suggest you see a competent criminal defense lawyer about this situation. It can be tricky.

  2. Howard A Snader

    Contributor Level 15

    Answered . You need to contact a competent criminal defense attorney at your earliest convenience. It might be possible that this can be resolved simply - but without looking at your exact paperwork as to what you pled guilty to originally, I can't say for sure. Please feel free to contact us if you have any further questions.

  3. Jeffrey D. Lee

    Contributor Level 11

    Answered . I have defended another individual on a similar matter in the past. What you would need to do is file a motion with the court on your original case, to which you pled guilty, asking to designate the offense a misdemeanor and backdate it to the date when you completed probation. The judge does have authority to do this. If the judge grants that motion you can file to have the new charge dismissed.

    I HIGHLY recommend you contact a criminal defense attorney to represent you in this matter. It is serious and potentially complicated and is not the type of thing you should try to deal with on your own.

    I, like the others hear, would be happy to help you out.

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