After being convicted of a crime, have you ever wondered if owning or carrying a firearm would be possible? What types of convictions prevent a citizen from exercising their God given Second Amendment right and is it possible to restore those right?
Hello everyone, my name is Joseph Radzwion IV Your Trusted Attorney with Radzwion Law, PLLC, and this post will cover how the courts view the terms “successful completion of probation.”
Under Michigan law, a citizen who wishes to have their firearm rights restored will have to had successfully completed probation. But the words “successful completion” may mean different things to different people. To some, successful completion of probation means, not being put back into jail, to others it means never missing a single court hearing. The only meaning that matters for a firearm’s restoration rights is how the court defines the words “successful completion.”
Under Michigan caselaw, probation or parole is only deemed to have been completed when a citizen complies with the terms and conditions of the probation. People v. Sessions, 474 MICH 1120 (2006).
In other words if the judge orders 100 hours of community service, a citizen should expect to complete 100 hours of community service. This way the probation officer can sign off stating the citizen complied with the condition of 100 hours.
Under Michigan caselaw, even if probation has been “closed out,” this doesn’t mean that probation was successfully completed. People v. Parkmallory, 505 Mich 866 (2019).
In other words, if during probation a citizen violates a term by missing a court date, having a bench warrant out for an arrest or even failing to pay for a court fine, the court may view a citizen as not have complied with the terms of probation. Thus not have completed probation successfully. This may have an impact on the way a firearms rights restoration case is able to move forward.
Preparing Your Case
If you are contemplating having your firearms rights restored, you can jump start the process by obtaining various documents to give to your attorney before you sit down for a consultation.
Proof that all of your fines have been paid including any court fees, probation fees or parole fees, victims’ rights fees and any other fee listed in the terms of a sentencing or order from the court.
Documentation that all of the court ordered imprisonment time has been successfully completed.
Documentation that all conditions of probation or all conditions of parole have been successfully completed. Contact the probation department for your case records.
The final step is to contact a Trusted Attorney to help obtain the documentation from the appropriate state agency and submit it to the appropriate court to get the firearms rights restoration process jump started. Don't sweat it if you are unable to obtain the documents listed above. A trusted attorney should be able to pull your court records to begin the process.
Your Trusted Attorney
If you would like to retain Radzwion Law, PLLC as Your Trusted Attorney, please do not hesitate to contact us. We are here to protect you when you need it most and we will fight for your freedom.
See our video below on these weeks post or check out our blog page for more topics.
REMEMBER: Our posts should never be taken as legal advice. You should ALWAYS consult a Trusted Attorney with your legal questions.
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