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Another Bartley Fox nightmare story

nstassel

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A reputable lawyer told me about a current client's story. He is charged with unlawful possession of a firearm and ammo in Middlesex County. The DA won't dismiss it so he's looking at a year.

The guy has no record at all. He's a resident of NH. His brother told him he'd rented a house for a week in Maine. The brother drives him to the house which isn't in Maine but Massachusetts. When the guy realizes he is in Massachusetts he says to the brother "wtf I have a gun in my bag you need to take me home." The brother refuses to take him home and the guy gets out to walk back to Mass.

On the highway a trooper sees him walking on a highway which is against the law. The trooper agrees to give him a ride but asks him if there's anything in the bag that shouldn't be in there and the guy says there's a gun...

Motion to suppress was denied. The gun is loaded so FOPA technically doesn't apply.

Edit (since some are questioning whether anyone could be this stupid):

This conversation took place at a court party with the prosecutor's supervisor present who consceded the basic facts. It was said in their presence to see if I could pressure the prosecutor with whom I have a good relationship to work out a dismissal of some type.
 
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Massachusetts laws are stupid but in order to work around them you have to be smart. A guy from NH walking on a Massachusetts highway with a gun, well, let's just say that's not very smart. Who walks on a highway? This could be one of those stories for America's Dumbest Criminals. Hey! We all make stupid mistakes, but this is one that this guy may have to live with for the rest of his life.
 
NH resident thinks he's going to ME but somehow doesn't realize he's heading in the opposite direction of ME? And he gets out on the highway and tries to walk home...via the highway?

I'm no movie critic, but this seems to be just another poorly written Disney production.
Have you ever actually driven from Central NH to Maine? It is often faster to follow the main highways which will bring you through Mass. Whether that's what happened is anybody's guess. Key word guess.

Getting out of the car on an interstate with a gun in his backpack, yeah, not the brightest move, but I imagine he was thinking with his anger at stupid brother, not his head.
 
Lol this sounds exactly like another story someone posted here. Although it unfolding in real life is certainly plausible... NervousGuy overreacting is what really caused this problem tho.
 
I was sympathetic right up until "started walking along the highway."

Putting this guy in jail is stupid, but walking along the highway is literally the opposite of keeping a low profile.
This is kind of what I'm driving at the people who actually freak out a little too much about gun laws are actually the ones more likely to get caught violating them because they can't even fathom quietly violating a shitty law. They are consumed with so much fear that it paralyzes them and thereafter, makes them go full retard.

This guy done went full retard, and paid the price.....
 
Whatever happened to that group of guys from RI that caused Rt. 128 or 95 to be shutdown a year or two ago? Did they use their racial privilege to avoid charges? They were on the highway brandishing iirc.
 
Whatever happened to that group of guys from RI that caused Rt. 128 or 95 to be shutdown a year or two ago? Did they use their racial privilege to avoid charges? They were on the highway brandishing iirc.

 
If true, his brother is a douchebag (and an idiot) and the guy is a fool for getting out of the car on the highway with a gun in his bag. Lots of fail all the way around.
And completely undermined any possibility of his attorney disputing a search, or even using the prospect of doing so in plea negotiations.
 
I reputable lawyer told me about a current client's story. He is charged with unlawful possession of a firearm and ammo in Middlesex County. The DA won't dismiss it so he's looking at a year.

The guy has no record at all. He's a resident of NH. His brother told him he'd rented a house for a week in Maine. The brother drives him to the house which isn't in Maine but Massachusetts. When the guy realizes he is in Massachusetts he says to the brother "wtf I have a gun in my bag you need to take me home." The brother refuses to take him home and the guy gets out to walk back to Mass.

On the highway a trooper sees him walking on a highway which is against the law. The trooper agrees to give him a ride but asks him if there's anything in the bag that shouldn't be in there and the guy says there's a gun...

Motion to suppress was denied. The gun is loaded so FOPA technically doesn't apply.
Has anyone actually ever served the one year mandatory sentence?
 
Yes...the mandatory was increased to 18 mos many years ago and people get it all the time. Ridiculously common.

Then how does this person only get a 2 year sentence for fentanyl AND and gun charge. We yell and scream that fentanyl is killing our young people and this person gets a slap on the wrist?
 
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