Violation of probation over a picture?

[unheardof]

What is the name of your state (only U.S. law)? Connecticut

Hello

I'm posting on behalf of my brother. He recently got released from prison and is now on probation. He did have a violent offense(Assault 1st degree), I believe.

He posted a picture of himself on Facebook holding a rifle. The picture with the rifle was taken at a close friend's house. The friend owns the gun legally and it was not loaded. The picture wasn't taken in a threatening manner, it was just of my brother, Dan, holding the gun.

After a couple days of the picture being on Facebook, around 10-15 police went to his apartment in search of the gun. They cops brought the photo and tried to compare the surroundings in the picture to his apartment but were unable to. At first Dan denied that the gun was even real until the cops persisted and surrounded him. He then told them that it was indeed a real gun but he does not own it.

The police told him that it still was enough to issue a warrant and violate his probation. However to my knowledge, if they did not find him in possession of a gun or any weapon, how can they charge him with anything? I will find out more details soon as this only happened about an hour or two ago. He is going to try and contact a lawyer but doesn't really have the funds to pay for one.

My question is, can he really be charged with violating probation just because of a picture? And what should we do in the mean time as the police said there will probably be a warrant issued by tomorrow.

Thank you.

 

[CSO286]

What is the name of your state (only U.S. law)? Connecticut

Hello

I'm posting on behalf of my brother. He recently got released from prison and is now on probation. He did have a violent offense(Assault 1st degree), I believe.

He posted a picture of himself on Facebook holding a rifle. The picture with the rifle was taken at a close friend's house. The friend owns the gun legally and it was not loaded. The picture wasn't taken in a threatening manner, it was just of my brother, Dan, holding the gun.

After a couple days of the picture being on Facebook, around 10-15 police went to his apartment in search of the gun. They cops brought the photo and tried to compare the surroundings in the picture to his apartment but were unable to. At first Dan denied that the gun was even real until the cops persisted and surrounded him. He then told them that it was indeed a real gun but he does not own it.

The police told him that it still was enough to issue a warrant and violate his probation. However to my knowledge, if they did not find him in possession of a gun or any weapon, how can they charge him with anything? I will find out more details soon as this only happened about an hour or two ago. He is going to try and contact a lawyer but doesn't really have the funds to pay for one.

My question is, can he really be charged with violating probation just because of a picture? And what should we do in the mean time as the police said there will probably be a warrant issued by tomorrow.

Thank you.

To answer your question: Yes.

He showed himself publicly to be in possession of a weapon.

He did it to himself.

He as much as said, "lookie here, I got gun! I got a gun!! I got a gun! Hey! Hey! Hey! Hey!"

 

[CSO286]

I suddenly would like a pickle.

 

[Silverplum]

What is the name of your state (only U.S. law)? Connecticut

Hello

I'm posting on behalf of my brother. He recently got released from prison and is now on probation. He did have a violent offense(Assault 1st degree), I believe.

He posted a picture of himself on Facebook holding a rifle. The picture with the rifle was taken at a close friend's house. The friend owns the gun legally and it was not loaded. The picture wasn't taken in a threatening manner, it was just of my brother, Dan, holding the gun.

After a couple days of the picture being on Facebook, around 10-15 police went to his apartment in search of the gun. They cops brought the photo and tried to compare the surroundings in the picture to his apartment but were unable to. At first Dan denied that the gun was even real until the cops persisted and surrounded him. He then told them that it was indeed a real gun but he does not own it.

The police told him that it still was enough to issue a warrant and violate his probation. However to my knowledge, if they did not find him in possession of a gun or any weapon, how can they charge him with anything? I will find out more details soon as this only happened about an hour or two ago. He is going to try and contact a lawyer but doesn't really have the funds to pay for one.

My question is, can he really be charged with violating probation just because of a picture? And what should we do in the mean time as the police said there will probably be a warrant issued by tomorrow.

Thank you.

Nothing to do. His probation doubtless forbids him to be in possession of a firearm, and he posted a photo of himself holding one.

 

[OHRoadwarrior]

Unfortunately, all you can do to help him at this point, is give him his sign. A picture is worth an entire trial.

 

[unheardof]

Im unsure if he did indeed admit to it being a real gun as I was not there. What if it was a fake gun? Can they still use this as evidence? They did not find a gun so how can they prove it was real or even if the picture is real? It could be photoshopped for all they know.

 

[Silverplum]

Im unsure if he did indeed admit to it being a real gun as I was not there. What if it was a fake gun? Can they still use this as evidence? They did not find a gun so how can they prove it was real or even if the picture is real? It could be photoshopped for all they know.

That's why we have judges and juries.

 

[Eekamouse]

Your brother is an idiot who violated his probation and documented his violation on FB for all to see. You're not going to find an escape hatch for him.

 

[OHRoadwarrior]

Im unsure if he did indeed admit to it being a real gun as I was not there. What if it was a fake gun? Can they still use this as evidence? They did not find a gun so how can they prove it was real or even if the picture is real? It could be photoshopped for all they know.

You are confusing a trial with a probation violation. He has already been convicted. They may charge him for the rifle possession, if they feel they can prove it. They will ADD that time to the time he is going back for violating probation. It will likely be up to him to prove it was faked or photo shopped, to avoid being violated and completing the rest of his original sentence in prison.

 

[Ohiogal]

Try googling weapons under disability. He's facing further felony charges in addition to a probation violation.

 

[unheardof]

Thank you for all the replies. He ended up getting a slap on the wrist, accompanied with a GPS fanny pack and surveillance. Apparently the district attorney said there was not enough evidence for a violation.

 

[Ohiogal]

Thank you for all the replies. He ended up getting a slap on the wrist, accompanied with a GPS fanny pack and surveillance. Apparently the district attorney said there was not enough evidence for a violation.

Really? Then how did he end up with a GPS fanny pack and surveillance if there was not enough evidence of a violation? Because they can't increase probation restrictions without something. You apparently don't know the whole story.

 

[unheardof]

I went with him. I'm pretty sure if your on probation and especially for violent offenses they can, at any time, make your probation more strict. But anyways, those were his PO's exact words, "The district attorney said he does not have enough evidence to issue a warrant for a violation of probation.". I guess this could translate to, the district attorney did not feel like doing the paperwork or something, Idk. Either way sending someone back to jail for a picture would be ridiculous.

 

[Mass_Shyster]

He then told them that it was indeed a real gun but he does not own it.

"The district attorney said he does not have enough evidence to issue a warrant for a violation of probation."

He was lucky.

 

[Ohiogal]

I went with him. I'm pretty sure if your on probation and especially for violent offenses they can, at any time, make your probation more strict. But anyways, those were his PO's exact words, "The district attorney said he does not have enough evidence to issue a warrant for a violation of probation.". I guess this could translate to, the district attorney did not feel like doing the paperwork or something, Idk. Either way sending someone back to jail for a picture would be ridiculous.

Your ignorance is showing. Re the bolded: tell everyone sitting in prison for child pornography that it is ridiculous. Better yet, tell the victims of the child pornographer that it is ridiculous that the moron is sitting in prison for that. OH and by the way -- the Steubenville rapist (one of them) got an extra year for a picture he took of the victim. Should I continue showing you what you do NOT know?

He took a picture with a weapon when he is not allowed weapons. If he is on probation for a felony then he has lost the right to possess weapons forever. That is what happens when one is a criminal.I am also pretty sure that an increase in probation restrictions is a due process violation without proper procedures being followed.