A DWI 3rd has a special term of the plea bargain written inthe judgment "The Court authorizes the defendant to possess and utilize firearms for recreational purposes outside his home." He got stopped for a hunting violation and was using a rifle. Is he a felon in possession?

Yes. A probation condition doesn't trump State Law. But good luck getting a jury on board when they offer the judgment as "Defense Exhibit 1" and rest their case...

does seem to diminish his criminal intent

Mistake of law defense (reasonable reliance on a written interpretation of the law contained in an opinion of a court of record)?

Whatever you decide about the current violation (and I agree that it would be extraordinarily difficult to proceed on an MRP), make sure you get the conditions modified and that illegal term removed!

quote:

Originally posted by DJC:
A DWI 3rd has a special term of the plea bargain written inthe judgment "The Court authorizes the defendant to possess and utilize firearms for recreational purposes outside his home."

Just when you think you've seen or heard it all ...

What a mess! the recitation in the judgment is void, but if it was a term of the plea bargain then the plea was most likely involuntary. If you have to reach this far to come up with a method to move the case, you should realize it is not proper and just go to trial.

Makes just about as much sense as if the judge had said, "The defendant may use cocaine, so long as he only possesses less than a gram."

at least I can truthfully say it was not a judgment from our jurisdiction!