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50 year old charge
- Thread starter nstassel
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Old school? That's simplified from what I learned only a little over 20 years ago. In particular B F T are more like printI can see that old school cursive does show a loop on the top of the D.
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Sorry to say this but that's a G. He paid the $50 and went home.
This State sucks.
This State sucks.
nstassel
NES Member
You're not a district court judge by any chance I hope!
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Here's a cute situation. A guy had owned guns and had an ltc for decades. He tried to buy a long gun and gets declined. Shortly the friendly police are revoking his ltc and tell him he's a prohibited person to the FBI. He had an assault and battery in 1964 which he thinks was dismissed for 50 bucks.
I located the case docket. The relevant portion is attached. Half the people that look at it think its a "G" and the other half think its a "D". I'll have to see if a judge can be convinced it's a D.
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Might help to see the other entrees and have something to compare to.
Except that Harry's convictions were serious felony level stuff, not the kind of thing you see as a first juvenile offence which usually gets a CWOF. And he lied on his LTC app. Even if he didn't know initially certainly he became aware at some point, after all he's a police LT and the Licensing Officer. And he routinely denies on suitability for far less than what he insists he should be forgiven. But he's a cop so he gets special treatment. When he got caught he didn't even get an unpaid vacation (FPD policy 50-4 requires all officers to have a valid LTC) or surrender his firearms.
OP's situation is very different. 50 years ago, a simple assault where it's questionable if it was even a conviction. Also, to me, a $50 fee(fine?) would indicate a misdemeanor assault which probably doesn't fit the law's definition of a "violent crime" "Violent crime'', shall mean any crime punishable by imprisonment for a term exceeding one year," (if it is a G, MG could be Misdemeanor Guilty, the rest of the sheet would help). If it is a misdemeanor then it isn't even a statutory disqualifier. You might be able to get some insight if you know the laws in place and their possible sentences at that time.
Of course IANAL
After staring at it I have to say it looks like a G. The tail end of the D is at the top , where the tail of the G is at the bottom.
Still could be a misdemeanor, which isn't a disqualifier.
Post mor of the sheet, give us some context.
Still could be a misdemeanor, which isn't a disqualifier.
Post mor of the sheet, give us some context.
nstassel
NES Member
Assault and battery carries only a house of correction sentence (2.5 max) so it is a misdemeanor. But it's a federal pp offense because it carries more than 2 years.
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nstassel
NES Member
The thing started because his record card said "fine paid" and as a result firearm records bureau reported it as a conviction to the nics.
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Actually, you would have to look at what the penalty was back in 1964.
Also, 18 USC 922(g) defines a > 2 year misdemeanor as a felony for the purpose of firearms prohibition except, of course, for crimes involving anti-trust or restraint of trade.
nstassel
NES Member
nstassel
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Perhaps the attorney can get a bus to make a pickup at a local nursing home and parade a plethora of expert witnesses in cursive before the court.
History demonstrates, however, when the court desires a particular conclusion, it can accept facts from the opposition in a preliminary pleading and not even allow the appellant to present evidence.
Glockster30
NES Member
I guess that this is your best chance to figure it out before presenting it to a judge. What would be more expensive for the client, researching additional words by the same writer or taking a chance that a judge disagrees? I guess that's a decision your client needs to make.
If the OP is so sure it's a D, why hasn't he posted more of the sheet? As it has been said, comparing it to other entries by the same writer could show what it really is. A judge is going to wonder the same thing if you show only the one line.
pastera
NES Member
OP already said that more was not posted in order to keep confidentiality
As I already posted the key to this is to study the book for other samples of the clerks writing that undeniably show what that person's 'D' and 'G' look like. What we have seen here is only enough to engage in some mental masturbation.
As I already posted the key to this is to study the book for other samples of the clerks writing that undeniably show what that person's 'D' and 'G' look like. What we have seen here is only enough to engage in some mental masturbation.
It's a public record. Black out his buddy's name if he really wants to, but he's holding back key information.
As did I just a few posts prior to yours. So we are on the same page.
nstassel
NES Member
People crack me up by suggesting that I'm eliciting help. Believe me I'm only sharing because I thought people might be interested in the issue. I'm well equipped to handle the actual litigation.
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Here's a cute situation. A guy had owned guns and had an ltc for decades. He tried to buy a long gun and gets declined. Shortly the friendly police are revoking his ltc and tell him he's a prohibited person to the FBI. He had an assault and battery in 1964 which he thinks was dismissed for 50 bucks.
I located the case docket. The relevant portion is attached. Half the people that look at it think its a "G" and the other half think its a "D". I'll have to see if a judge can be convinced it's a D.
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They've been hiring people to key in old records. I just vacated a 1975 conviction where they guy pled guilty to a possession of mushrooms at arraignment. The "Record" had been sealed. They sealed the record in the old books with masking tape. We discussed how to unseal the record. In the end we didn't need to.
Once the conviction was vacated, I conducted the world's shortest trial. I explained that since the conviction had been vacated, the charge was now pending. The judge said "OK, we'll set it up for a bench trial - dismissed".
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