Shepherdsville, KY asked in Criminal Law for Kentucky

Q: How likely is it that someone may be given probation or house arrest instead of prison time?

My friend is currently in prison because he got his probation revoked in February of this year for being caught in possession of a firearm as a felon. He still has not been sentenced for the new charge of felon in possession of a firearm, he’s just been sentenced from the judge who revoked his probation. He’s had a million pretrial conferences and the case is taking forever to progress. What is his punishment likely to be from being a felon in possession of a handgun? Im wondering if he should be prepared to be sentenced more time that he’s already been given from the probation revocation (3 years). Is it at all likely that they’ll give him something like probation or house arrest instead of more prison time? Is that something they could offer him in a plea deal?

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2 Lawyer Answers
Leland Hulbert
PREMIUM
Leland Hulbert
Answered
  • Criminal Law Lawyer
  • Louisville, KY
  • Licensed in Kentucky

A: In most cases in person on probation or parole who picks up new charges of the new class A, or C felony it’s not eligible for probation or parole on the new case. The only way he would be eligible for probation is if the prosecutor amends to charge to the class D felony which would typically be possession of a firearm rather than a handgun. That is less likely if they were already on probation.

Timothy Denison
Timothy Denison
Answered
  • Criminal Law Lawyer
  • Louisville, KY
  • Licensed in Kentucky

A: Most likely it will be time to serve rather than probation or parole for subsequent felony offenses, especially with a gun involved.

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