legality of a person whose charges were reduced?

[CamoDeafie]

I am asking this for one of my closest friends....

Here is the supremely condensed background;
a few years ago he was convicted of a felony, BUT the charges got reduced to misdemeanor, and he is serving 3 years probation...his question is in regards to the 4473 form; specifically 11b-11e;
"have you been convicted of a felony for which you could have been imprisoned for at least a year, even if your sentence was reduced, including probation?"

SO..I told him to ask his probation officer first, because that is likely the best source of information.... the charges were drunk driving and possession of drugs; but considering that it got reduced to a misdemeanor....I don't know if it would still show up as "felony" in regards to that question??

I told him to check to make sure that he was convicted firstly, of either felony or misdemeanor.....

His probation is coming up to be finished soon, and he is wanting to buy a rifle for his wife as a surprise.

Read More

 

[IronMonster]

If he is serving probation, he has a conviction of some sort. They cannot sentience you to probation without a conviction
If it was reduced to a misdemeanor prior to his plea, then he has not been convicted of a felony. If he has a withheld judgment where the charge will be reduced to a misdemeanor upon successful completion of his probation then he has been convicted of a felony.

I would doubt his probation officer would know the specifics of his conviction. The place for details would be the county court where the conviction took place. They will provide you will all of the relative paperwork it will be quite clear what the charge, conviction and sentence is

 

[jrprich]

Wouldn't his attorney be able to answer all these questions?

 

[CamoDeafie]

I don't know if he has one.

I mean I don't know if he has one on retainer. it is likely he was provided one from the State but otherwise....I'm not sure.

 

[Kevinkris]

probation is the same as being in prison when it comes to the legal definition. incarceration would be the name of the game. he wont be able to buy one. DUI is almost always a disqualifier and drug charges are on their own. your friend will need to wait years and wade through paperwork before he can buy anything other than a muzzle loading firearm for a while. wish him luck for me.

 

[Stomper]

It sounds like he needs to ascertain if his felony conviction will be reduced to a misdemeanor after a successful probation period, or if the charges were reduced to a misdemeanor BEFORE he was convicted.

If it was reduced to a misdemeanor conviction PRIOR to his conviction then it should be entered as a misdemeanor conviction and he may be OK in that regard to answer "no" on the 4473, but if it was the the other way then he must legally answer "yes".

It sounds like the judge was trying really hard to help your friend not have a scarlet letter around his neck for the rest of his life.

.... and let him know drugs are bad, M'kay?

 

[chariot13]

DUI won't disqualify him unless it was a felony DUI. The drug charge was likely where he started off with an initial felony charge, unless it was his 3rd DUI (felony) a DUI won't have any effect on the 4473 approval or denial.
If he has an actual probation officer and wasn't put on 'bench probation' then he'll definitely get denied.

 

[CamoDeafie]

Okay. I will let him know to contact the county court and get the paperwork going. Its possible he has a bench probation but I'm unsure.. he doesnt like going into details on that partcular thing.

 

[Gunguy45]

DUI is a disqualifying offense in several states, among them Mass. It's not the 4473, which is federal, it's a state law in some places.

There have been a number of people who have moved to Mass. that had firearms and when they applied for their permit (required in several states to own ANY firearm) they were denied due to the misdemeanor DUI and had to sell all their guns or move them out of state.

If your friend isn't PRECISELY clear on what he was charged with, what he was convicted of and ALL the details, tell him to contact the public defender or lawyer who represented him in the case and get very familiar with all the particulars. Not knowing could result in him perjuring himself by accident, which will not go well for him.

 

[CamoDeafie]

I will inform him about the State specific things to look out for, and to get him to talk to the guy who represented him in court in the case. Thank you all!

 

[chariot13]

I don't know why we would care how 'Massachusetts' does things... the op is an Oregonian so I'm assuming his "closest friend' might well be too. And here in Oregon in every city and county there is no disqualifying attribute towards any non violent misdemeanors including DUI. So unless his friend is moving to socialist England I mean Massachusetts, he's probably safe on the DUI charge. But the drug charge is still likely to disqualify him in any of the 50 states. The only chance he has with that is if it was marijuana and it becomes legal here for whatever amount he was found with. Somewhere down the road he may be able to clear it up somewhat..