Legal Question in Criminal Law in California

Okay so I have a problem....I got in a little trouble last year for something that had to do with my boyfriend being incarcerated....investigators assumed my boyfriend was doing illegal bussiness behind bars and that I had something to do with it too since were boyfriend girlfriend so they issued a warrent to come to my house and the police ended up finding NOTHING but they still took me in the station to try to get some answers from me and they still failed...the only thing they found was my dads old brass knuckles in my closet I got charged with a misdameanor for possessing a deadly weapon...its been my first offense ever in my life which is why they only charged me with a misdameanor...so for this misdameanor I got 3 years informal probation meaning the probation im on doesnt require a probation officer...they gave me 3 years probation and 10 years to not possess a firearm of anykind and this 10 years also includes to stay away from my boyfriend and have no contact with him....obviously I still DO talk to my boyfriend because we plan on getting married and its impossible to just listen to something like that when we have a life planned together...well my boyfriend is in reception right now and he send me a visiting form....I wanna go visit him but im scared if I fill out my misdameanor charges on the application that they will check my whole background and see that it says I have to stay away from him for 10 years and then issue an arrest out for me for violating my probation I guess.....I need advice on this what can I do? will they see that it says on my record that I have to stay away from him in pursuant to the 10 years of not having a firearm on me? will they arrest me if I just simply "TRY" to see If I will get denied or not on the application?

Asked on 4/13/12, 5:37 pm

1 Answer from Attorneys

Brian McGinity McGinity Law Office
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It sounds like your boyfriend is in prison. If that is the case they will check and discover everything you have explained and you will be arrested for a VOP (violation of probation). If he is in Jail they will probably discovery the restriction you have and not let you see him. They will also report the incident to probation.

The first rule of your probation is too obey all laws. Violating probation is not obeying all laws. You need to contact an attorney or the Public defender and see if something can be done to change your restrictions.

Do not violate your terms of probation.

Good luck

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4/13/12, 6:43 pm

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