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Looking to obtain my ltc have a couple of CWOF from 25+ years ago, looking for advice on filling out the application and cover letter to the Chief of police.Not sure what the OP's problem is, but if location is the only issue: Attorney Serving Wrentham, Walpole & Franklin, MA | Keith G. Langer | Call to discuss your case
ThanksLooking to obtain my ltc have a couple of CWOF from 25+ years ago, looking for advice on filling out the application and cover letter to the Chief of police.
Att Jason Guida , get himThanks
Att Jason Guida , get him
Keith is your manLooking to obtain my ltc have a couple of CWOF from 25+ years ago, looking for advice on filling out the application and cover letter to the Chief of police.
Finally someone that comes here with a checkered past that asked for a lawyer contact info instead of "hey.....I got "this and this" in my past what are my chances of getting an LTC in mass.
Good on you OP and hope a lawyer can help you.
TrueYeah but those threads are more fun...
A continuance without a finding can't be made by a clerk magistrate at a show cause hearing. It requires arraignment and an admission in open court for an adult.You have good referrals to local 2A attorneys, so you are all set there.
Some info you should provide the attorney: Regarding the CWOF's, did you actually go to court or were these cases heard by a clerk magistrate? Clerk magistrate does not equal going to court, and could affect what you document in the application. IANAL, of course.
If you do use Keith for your issue dont let his abrasive personality disourage you. Hes a dick, but hes a smart man and knows what hes talking about.Not sure what the OP's problem is, but if location is the only issue: Attorney Serving Wrentham, Walpole & Franklin, MA | Keith G. Langer | Call to discuss your case
If you do use Keith for your issue dont let his abrasive personality disourage you. Hes a dick, but hes a smart man and knows what hes talking about.
How does the court get to the point of rendering a decision to resolve it as a CWOF if the charges are dropped?Not sure of the nature of OP's CWOF, but it is possible. I had one on my record. I don't recommend it, but I did the application myself without consulting anyone. Notified them on Question#4 and then wrote "see enclosed letter" in the later description section. Described the nature of the CWOF including docket info, CWOF expiration, and when the police dropped charges. Mine might have been easy though, as the charges were kind of BS to start with. I was also 17 when it happened, so maybe that helped.
Best bet would be to consult an attorney, but just wanted to chime in to not lose hope. It is still possible.
How does the court get to the point of rendering a decision to resolve it as a CWOF if the charges are dropped?
How does the court get to the point of rendering a decision to resolve it as a CWOF if the charges are dropped?
This sort of "no expert..." response is why you need to get a court certified copy of the decision.I'm no expert in this matter. All I know is that my CWOF was suppose to lapse in Sept of that year, and the police dropped the charges in May.
It also counts as a conviction for the purpose of commercial driving license actions. What CWOF does is save one from becoming a federally prohibited person for OUI in MA or a plethora of other misdafelonies.IMHO too many people take the CWOF thinking everything goes away but it doesn't.... ask the person who got a second DWI after 6/94, every CWOF DWI before that is treated as a Guilty, and even under current law a CWOF on a DWI counts as a guilty for all intents and purposes... insurance, RMV, going to "drunk school" payment of a ton of fees to the Brain Injury folks....
Really think proving innocence is an assurance you will not be found guilty? The calculation must balance the small chance of a conviction and PP status vs CWOF consequences. You still have a record even if found not guilty. I wish I could find the reference - there was one case where an LTC appeal was lost because although the subject was found not guilty of OUI at trial "evidence of guilt still existed".The only reason to take a CWOF is if you are guilty and are looking to reduce the damage, never admit to sufficient facts if you can prove your innocence at a jury trial regardless of expense... sell your blood to raise money for your defense
They are really dropped, but they are never expunged and are available a certain CORI record check levels as well as in the BOP records.The charges are really never dropped
You are severely confused about what occurred in your case I'm afraid.I'm no expert in this matter. All I know is that my CWOF was suppose to lapse in Sept of that year, and the police dropped the charges in May.
You are severely confused about what occurred in your case I'm afraid.
Technically you admitted to sufficient facts to prove the case and were placed on probation contemplating a dismissal if you successfully completed probation. For whatever reason, evidently the police being satisfied about some issue, the court terminated your probstion early and the case was dismissed. It looks like you may have paid restitution or a fine early.How's that? Like I said, I'm no expert on the matter, but the results seem fairly straight forward on both my court docs and a later Cori (I bopped myself).
According to those documents: While the court did acknowledge my affirmative response to committing the (bullsh*t) charge, the court's disposition is neither guilty or not guilty during the duration of the continuance, at the end of which the case can be dismissed, or during which time the PD can drop their case as well. My hearing was March, my case was continued through Sept (6 months), and the police decided to drop charges in may. Rare, but it can happen. Disposition coding was C 3/30/XX, CWOF 9/20/XX, PD DISM 5/19/XX.
I think the police just required time to confirm my story, and once they did, realized that they didn't really have a case and that charges would be dropped anyway by Sept. I say "rare" because they could have just continued pressing to be asshles.
I didn't think we had to prove our innocence in America. How does one do that?The only reason to take a CWOF is if you are guilty and are looking to reduce the damage, never admit to sufficient facts if you can prove your innocence at a jury trial regardless of expense.
I didn't think we had to prove our innocence in America. How does one do that?
I'll give you another reason to take a CWOF: You are innocent as Hell (yes, seriously... no BS) but you cannot prove your innocence to the satisfaction of the court and you don't want them to find you guilty.
Alford pleas result in a court finding of guilty and are entered as such on your record. CWOFs are not. Alfordizing a plea will not save you from PP status.An Alford Plea is a way out if you are indeed guilty and trying to mitigate the damage.. admit to sufficient facts, pay any court costs, probably visit with the Probation Dept once a month..... all the ramifications of a guilty finding without one being entered on your record. Personally I would fight tooth and nail before I plead guilty if I were indeed innocent.
Like it or not the standard of proof in practice varies based on the seriousness of the penalty. Just look at the SJC decision that discharge within 500ft of a dwelling is a per-se offense with no scienter requirement. Also note that when they concluding the penalty was minimal, the court did not even consider lifetime state PP status as part of the penalty when making the decision the punishment was small.I'll give you another reason to take a CWOF: You are innocent as Hell (yes, seriously... no BS) but you cannot prove your innocence to the satisfaction of the court and you don't want them to find you guilty.
C 3/30/XX, CWOF 9/20/XX, PD DISM 5/19/XX.