Parole, Probation Probation Violation

[A1rborn311]

Hello,

If someone was on probation for conspiracy to commit robbery, would they violate their probation for posting a picture of a gun onto Facebook (assuming legal authorities were notified), but the picture DOES NOT show there face or any other way of identifying them? The picture is only of a gun on top of someone's lap (all you see is a gun and the persons jeans).

Thank You for your help.

 

[CdwJava]

Maybe.

If you cannot possess any firearms and the picture appears, you might find yourself the subject of some new visits by probation or the police looking for the weapon.

The question is, WHY?

 

[A1rborn311]

Friend of mine is going through this. He posted the picture on Facebook without really thinking it through. He took it down but it was up for about 2 weeks. He doesn't care if they come looking for it because it won't be found. He's just asking if based on the picture alone can they really do anything?

 

[CdwJava]

Friend of mine is going through this. He posted the picture on Facebook without really thinking it through. He took it down but it was up for about 2 weeks. He doesn't care if they come looking for it because it won't be found. He's just asking if based on the picture alone can they really do anything?

By itself? I can't imagine anything could be done. But, there are other variables that might change that reply ... I have been involved in a few investigations, prosecutions, and convictions where social media posts resulted from social media posts of otherwise innocuous images. It depends on other details. But, in general, he's probably okay.

 

[army judge]

Friend of mine is going through this. He posted the picture on Facebook without really thinking it through. He took it down but it was up for about 2 weeks. He doesn't care if they come looking for it because it won't be found. He's just asking if based on the picture alone can they really do anything?

A person on probation doesn't enjoy all the rights and privileges that others NOT on probation enjoy.
A probationer's life is governed by the documents and rules promulgated by the state and the judge that sentenced the person.

I suggest you advise your pal to read the documents that were given to him the day he began serving his virtual prison (or jail) term, which he knows as probation.
Probation is prison without bars, but just as many rules, and even more temptations.
Once he has reacquainted himself with the rules he must live by, he should get prepare his answer if his PO wants to discuss the matter.
If he's a convicted felon, he should also be smart and stay away from his new KRYPTONITE, firearms in any shape or form.