What will happen if someone was arrested right after getting out of jail?

My son’s father went to go help his sister with some kind of trouble she was having with another guy, he approached the guy went to go talk to him and then when he saw he did not want to talk went to his friend car then the police came put him on the ground and handcuff him claiming he had a gun, but he has a criminal record with past gun charges and just came home doing 8 years and is on probation.

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Answered By: Jacob P. Sartz IV., Attorney at Law

Call now: (517) 410-5127

If he has new charges, he'll be arraigned. He's presumed innocent until proven guilty beyond a reasonable doubt and should consult with an attorney.

Answer Applies to: Michigan - Replied: 11/1/2011

Answered By: Cynthia Henley, Lawyer

Call now: (713) 222-1220

If he just did 8 years, then he is on parole, not probation. Since he was arrested for a claim that he had a gun, then he is probably being charged with aggravated assault with a deadly weapon with a claim he pointed it at them. Or, he could possibly charged with being a felon in possession of a weapon (unlikely unless they recovered the weapon.) He will face felony charges on the new case and he will likely get a blue warrant - a warrant to hold him in jail without a bond until they decide what to do with his parole. They won't handle the parole case until after he settles his new charge one way or another.

Answer Applies to: Texas - Replied: 10/5/2011

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