Fixed another prohibited person today

nstassel

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I was able to vacate a 1986 conviction for assault and battery on a police officer today that was causing a disqualification for a Rhode Island clienty. Oddly he held a permit in RI but learned he was prohibited when he applied for a non resident LTC. He'd even passed nics checks in the past.

His lawyer was retired and I located him in Nebraska but he refused to discuss the case. He had a lawyer in Mass call me to say he had to recollection of the case. The cop is still around but retired and now works in private investigation. He originally got ten days for disorderly conduct and a suspended sentence for the abpo but appealed to the de novo jury and got probation.

There were three possible defects we argued. The lawyer had not tried to get a cwof back in 1986 and the guy was a good candidate. Second the lawyer had not told the client that he was losing his second amendment rights. Third the lawyer didn't interview the numerous witnesses to the alleged assault.

The sentence was also illegal because disorderly persons was only a maximim fine of $150 but that was not the offense causing the disqualification.

The DA agreed to vacate and then we pleaded the case to a cwof back dated to 1986 so the case was dismissed in 1987.

Even got a great scotch as a thanks and met Eboos at Westborough court.

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I was able to vacate a 1986 conviction for assault and battery on a police officer today that was causing a disqualification for a Rhode Island clienty. Oddly he held a permit in RI but learned he was prohibited when he applied for a non resident LTC. He'd even passed nics checks in the past.

His lawyer was retired and I located him in Nebraska but he refused to discuss the case. He had a lawyer in Mass call me to say he had to recollection of the case. The cop is still around but retired and now works in private investigation. He originally got ten days for disorderly conduct and a suspended sentence for the abpo but appealed to the de novo jury and got probation.

There were three possible defects we argued. The lawyer had not tried to get a cwof back in 1986 and the guy was a good candidate. Second the lawyer had not told the client that he was losing his second amendment rights. Third the lawyer didn't interview the numerous witnesses to the alleged assault.

The sentence was also illegal because disorderly persons was only a maximim fine of $150 but that was not the offense causing the disqualification.

The DA agreed to vacate and then we pleaded the case to a cwof back dated to 1986 so the case was dismissed in 1987.

Even got a great scotch as a thanks and met Eboos at Westborough court.

View attachment 717152
The reason he passed NICS was because Rhode Island doesn’t report anything to NICS.

Rhode Island also only prohibits specified felons from possession. This is why a Rhode Island pistol permit will never qualify as a NICS waiver.
 
I was able to vacate a 1986 conviction for assault and battery on a police officer today that was causing a disqualification for a Rhode Island clienty. Oddly he held a permit in RI but learned he was prohibited when he applied for a non resident LTC. He'd even passed nics checks in the past.

His lawyer was retired and I located him in Nebraska but he refused to discuss the case. He had a lawyer in Mass call me to say he had to recollection of the case. The cop is still around but retired and now works in private investigation. He originally got ten days for disorderly conduct and a suspended sentence for the abpo but appealed to the de novo jury and got probation.

There were three possible defects we argued. The lawyer had not tried to get a cwof back in 1986 and the guy was a good candidate. Second the lawyer had not told the client that he was losing his second amendment rights. Third the lawyer didn't interview the numerous witnesses to the alleged assault.

The sentence was also illegal because disorderly persons was only a maximim fine of $150 but that was not the offense causing the disqualification.

The DA agreed to vacate and then we pleaded the case to a cwof back dated to 1986 so the case was dismissed in 1987.

Even got a great scotch as a thanks and met Eboos at Westborough court.

View attachment 717152
Better than cash.

I hated the expungement requests that came from case decades earlier. Trying to find the paper files was a challenge.

He'd even passed nics checks in the past.
Most likely because the DP was never put into the system. We never entered them. Depending on the jurisdiction, most cases with that charge was downgraded to a DP unless there was a serious injury. They were heard in municipal courts (NJ).
 
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