living with some one on probation

[qwik88]

a friend of mine was going to rent a room off a friend of his who is on probation he is worried about moving into some ones house who is on probation. is there any issues with this? he has his ltc a no restrictions and is very close to having to renew

 

[Maui5150]

Is it probation for a misdemeanor or a felony?

Likely not a good situation, but with a felony, regs are much tougher

 

[qwik88]

felony but it was a continuance without a finding so no charges they just gave him the probation

 

[JAD]

felony but it was a continuance without a finding so no charges they just gave him the probation

That's not what a CWOF is. A CWOF means that he has criminal charges pending against him. He has been arraigned and is a criminal defendant. The CWOF means that the case has been continued to a future date when the charges will be dismissed if he successfully completes probation (i.e. abides by the terms/ conditions/ requirements imposed upon him). [A dismissal resulting from a CWOF can be distinguished from other forms of dismissals in court records] Failure to successfully complete probation in a case where a CWOF was granted may result in revocation of the CWOF and entry of a judgement of guilty and imposition of a sentence(circumstances dependent) [there are 5 potential outcomes in a CWOF violation situation per court rules, depending on factors such as whether there was a finding of sufficient facts, judicial discretion, and sometimes what the probationer will agree to]

 

[snax]

It may be trouble for him. I know a guy (felon) whos roommate had an LTC and guns in the house they rented. LTC guy died in a car accident, guns were left behind obviously. In comes shady character "C" who had a beef with said felon, and knew of LTC guys gun ownership. Mr. C called the cops on Felon and told them he is a felon in possession of guns. Felon went to jail because LTC was dead, nobody came for the guns, and because C said he "possessed" them, the cops took his word and that is how they viewed the situation. I don't know what happened after that, but he went to jail and it caused trouble for him anyway.

 

[Len-2A Training]

Mass Board of Probation takes a dim view of anyone on probation living in a house with guns present. I was talking with a guy whose son was going to be released from prison a year or so later but Probation had already told him that he must get rid of his guns and LTC or they wouldn't release the prisoner (son) to live in his father's house. I have no expertise in this area, but can foresee that it could lead to problems.

 

[Sawicki1991]

I don't get how what one person has in their possession has any effect on anyone else. Children can't own a firearm but they don't deny the parent a right to have them because they live in the same house. This state is so messed up.

 

[scheming]

I don't get how what one person has in their possession has any effect on anyone else. Children can't own a firearm but they don't deny the parent a right to have them because they live in the same house. This state is so messed up.

Welcome to Mass, where your rights go to die.

 

[drgrant]

a friend of mine was going to rent a room off a friend of his who is on probation he is worried about moving into some ones house who is on probation. is there any issues with this? he has his ltc a no restrictions and is very close to having to renew

I would tell him to steer clear of this, for both his (the LTC holders sake) and the dude on probation. There are a myriad of bad things that can come out of this, especially if the PD sucks or it's in a douche town.

-Mike

 

[swatgig]

Mass Board of Probation takes a dim view of anyone on probation living in a house with guns present. I was talking with a guy whose son was going to be released from prison a year or so later but Probation had already told him that he must get rid of his guns and LTC or they wouldn't release the prisoner (son) to live in his father's house. I have no expertise in this area, but can foresee that it could lead to problems.

Guy getting out of prison would be dealing with parole, not probation.

 

[Chevy 2 65]

It's about control. What about the pills, car, knives, bats, hammers, bow and arrows, nails, gas, etc...

 

[Len-2A Training]

Guy getting out of prison would be dealing with parole, not probation.

mea culpa. Sorry for the wrong term.

 

[Rob Boudrie]

Guy getting out of prison would be dealing with parole, not probation.

Yup, and there is generally no level of supervisory involvement with a CWOFee like there is with a parolee, so the issue probably won't come up with the court. Some PDs might not even notice; others may find it on a scavenger hunt (think Brookline, which looks for any reason to deny an application). Unlike "Have YOU.....", there is no question that mandates disclosure of this ne'er do well on the application. In any case, I would suggest sufficiently secure storage as to provide plausible deniability that this person has access.

 

[JAD]

Welcome to Mass, where your rights go to die.

It's not so much a Massachusetts thing as it is a community corrections thing. When an individual is put under supervision (probation or parole) they directly and indirectly lose quite a bit of freedom; because of the purpose of the program: be it as a welcomed result or unwelcome one. Even though it is difficult to fathom, community corrections is an imposition that results from either conviction of a crime (involuntary) or a request to be held accountable/treated in some way to avoid conviction of a crime (voluntary). As a society we accept that to punish offenders, they lose freedoms, literal or abstract, as a result of their process.

 

[LoginName]

Yup, and there is generally no level of supervisory involvement with a CWOFee like there is with a parolee, so the issue probably won't come up with the court. Some PDs might not even notice; others may find it on a scavenger hunt (think Brookline, which looks for any reason to deny an application). Unlike "Have YOU.....", there is no question that mandates disclosure of this ne'er do well on the application. In any case, I would suggest sufficiently secure storage as to provide plausible deniability that this person has access.

Brookline you say?

They'd never do something like that.

According to Police Department records, only 32 gun licenses that allow owners to carry and conceal firearms were granted in 2004, after 72 such permits were granted in 2003. O'Leary could not be reached to comment on reasons for the sharp drop in licenses.

But Lau (whose case was settled in 2004) believes he and others had been victimized by police.

"I feel like I've been targeted," said Lau, whose gun license was unceremoniously stripped in a visit Brookline Police Sgt. Michael Raskin made to Lau's workplace to confiscate a firearm kept at work in a safe. "I felt [Raskin] treated me like a criminal," Lau said.

Lau acknowledged that a teenage son living in his home had had some scrapes with the law, and recalled being told by Raskin, "In my opinion, your home is not safe for firearms."

Lau said he had told Brookline Police that he would agree to store his three pistols at police headquarters, if that would result in a renewal of his license to carry.

"They told me that would not be necessary," Lau said.

http://massbackwards.blogspot.com/2005/02/if-this-doesnt-piss-you-off.html