Criminal Law

questions & answers

Question: Guy gets nailed with low level felony (literally weakest felony). First offense, so judge says no jail time if person commits to probation, drug tests, anger management. Problem is guy decides to leave the state, violating probation etc. Cops come w/ warrant but no dice. After 10 years he wants to come back to AZ. Question: If cops get wind that he's back can he get arrested? Can he possess any weapons of any kind? What about those samurai swords people hang on the wall for decoration? Can he be charged for something like that under these circumstances. Thanks.

Answer: If a warrant was issued for violation of probation and the person has not appeared in court to resolve, the warrant would still be in place and the person can and will likely be arrested if there was any police contact. Typically with a felony conviction a defendant is ordered not to possess any firearms, and there are no specific restrictions related to other weapons such as knives, swords, etc. However, a judge could require as a term of probation the person not to possess these items, but it is unlikely. If the person possessed Samurai swords and it was not in violation of probation, then no new charges could be filed.

QUESTIONS

  • Guy gets nailed with low level felony (literally weakest felony). First offense, so judge says no jail time if person commits to probation, drug tests, anger management. Problem is guy decides to leave the state, violating probation etc. Cops come w/ warrant but no dice. After 10 years he wants to come back to AZ. Question: If cops get wind that he's back can he get arrested? Can he possess any weapons of any kind? What about those samurai swords people hang on the wall for decoration? Can he be charged for something like that under these circumstances. Thanks.

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