Ltc application legal advice Randolph area

[Kelly09]

Hi guys, I'm looking for a little info on getting my ltc in the Randolph area. And before anyone says to lawyer up. This is my last step before calling Jason Guida (unless someone knows one closer to my area).
I'm mainly looking for what my chances are, and my cost I should expect for assisting with the ltc process from beginning or fighting a denial.
On my record I have two possessions of less than a gram of Marijuana both cwof. 25 years ago

And the one that gauruntees a lawyers involvement. 8yrs ago, two days after taking my firearms safety course, the mother of my kids came home drunk and started an argument. She threatened to call the cops with the stated goal of screwing up my chances of getting my ltc. After i left she called. She made an accusation, but refused to press charges. Cops drove by the house I went to, to make sure my vehicle was there, but did not stop and made no arrest. Supposedly the next day she stopped at station to make sure no charges would be filed. She seen the officer on seen. He told her nothing would come of it. I waited 2-3 months to make sure no summons showed up, then applied for ltc. 3 weeks after admitting my application. A sommons showed up for domestic assault. Didn't have enough money for a lawyer for both. Got a cwof for simple assualt (I believe, waiting for my cori) and an ltc denial.

So how screwed am I?

 

[appraiser]

OK here is what I want you to do, go to every court you had involvement in, and get the records including the disposition of the case.

Then look around the board for a competent firearms attorney, there are several of them, and get a consultation with one, providing them copies of the dispositions in advance.

Listen to their advice.

At this point the Pot thing is being ignored by MOST licensing authorities, the Domestic plead down to simple assault is going to be a tough one to overcome, especially in a municipality that is not 2A friendly

 

[Rob Boudrie]

Comm2a won a case that removes minor MJ possession charges as disqualifiers, and the activity for which you are convicted is now legal. If you got a conviction rather than a CWOF, especially for the first one, you had less that effective counsel or went pro-se.

As to the second - it depends on the town. You cannot do better than Guida for assistance - do not shortchange yourself looking for a shorter drive to the office. The fundamental problem is many PDs consider CWOF to mean "guilty".

The 3-4 month delay makes me wonder if the summons was sent as the result of an investigation. The PD would have a record of all calls to your house. They may have seen the call and decided to issue the summons, or spoken to the ex wife.

 

[Kelly09]

OK here is what I want you to do, go to every court you had involvement in, and get the records including the disposition of the case.

Then look around the board for a competent firearms attorney, there are several of them, and get a consultation with one, providing them copies of the dispositions in advance.

Listen to their advice.

At this point the Pot thing is being ignored by MOST licensing authorities, the Domestic plead down to simple assault is going to be a tough one to overcome, especially in a municipality that is not 2A friendly

Wouldn't the cori check include the disposition of the cases or is there more important info in the court records?

 

[Rob Boudrie]

Wouldn't the cori check include the disposition of the cases or is there more important info in the court records?

1. The PD used BOP instead of or in additon to CORI

2. You cannot get a full uncensored CORI. Items removed from the version you can get would include things like CWOFs, dismissed charges, nolle prosses, not guilty findings, etc. The PD version gets everything.

 

[greencobra]

you joined here in 2012. what happened between then and now that you'd wait all that time to ask your question? just curious is all.

 

[Kelly09]

Comm2a won a case that removes minor MJ possession charges as disqualifiers, and the activity for which you are convicted is now legal. If you got a conviction rather than a CWOF, especially for the first one, you had less that effective counsel or went pro-se.

As to the second - it depends on the town. You cannot do better than Guida for assistance - do not shortchange yourself looking for a shorter drive to the office. The fundamental problem is many PDs consider CWOF to mean "guilty".

The 3-4 month delay makes me wonder if the summons was sent as the result of an investigation. The PD would have a record of all calls to your house. They may have seen the call and decided to issue the summons, or spoken to the ex wife.

Yes they were both cwof and I went with the public defender. And I thought the same thing with the 3-4 month summons. I think I screwed myself by applying so soon after. The officers knew she was lying. In the police report she changed her story with all three officers.

 

[appraiser]

Do what you want, but I assure you that any lawyer is going to tell you to go get the records at the courthouse, or bill you for the time it takes for a paralegal or them to go get them.

If you want to take the cheap way out, apply for a F.I.D. and see what happens

If you have the money for a lawyer, what you really want to do is re-open the ADW charge and claim ineffective counsel and take it to trial.

 

[drgrant]

you joined here in 2012. what happened between then and now that you'd wait all that time to ask your question? just curious is all.

Crazy broads are very expensive. Even ones who you only see in the rear view mirror as you're driving away.

-Mike

 

[Kelly09]

1. The PD used BOP instead of or in additon to CORI

2. You cannot get a full uncensored CORI. Items removed from the version you can get would include things like CWOFs, dismissed charges, nolle prosses, not guilty findings, etc. The PD version gets everything.

Ok, thank you for the help. I think ill have to wait for this quarantine to end before I can do that though.

 

[Rob Boudrie]

If you want to take the cheap way out, apply for a F.I.D. and see what happens

If you have the money for a lawyer, what you really want to do is re-open the ADW charge and claim ineffective counsel and take it to trial.

Nice try, but no winner winner chicken dinner.

1. Applying for an FID to "see what happens" is NOT a risk free process. Mis-answer one question; forget one thing; etc. and you will give the PD ammo to deny the LTC. If the PD goes so far as to get a court to rubber stamp it's determination you should not get an FID your chances go from slim to slim squared. It is rare for the courts to deny a PD request to certify someone as unsuitable for an FID - it is due process in name only.

2. A CWOF ends with a dismissal and is not conviction. You cannot reopen a dismissed case for a trial and, even if you could, doing so would not erase it from your permanent record (you know, the one you started hearing about in grade school .... it really exists)

 

[Kelly09]

you joined here in 2012. what happened between then and now that you'd wait all that time to ask your question? just curious is all.

I'm more of a lurker on these forums. I signed up not long before the situation with the assualt charge. When I got the summons in the mail for that, I went straight to the chief to see if I could stop the application process. He said it was to late and that even if I completely beat the charge he would never approve my application.. So I figured I had no chance in hell. Add to that a few more years of insanity from that woman. Then accouple years of learning how to be a single dad of two, with full custody. Life has finally calmed down. Plus this quarantine got me looking up my chances and I found out that that chief has retired. I figured my chances now are as good as their gonna get.

 

[Kelly09]

Crazy broads are very expensive. Even ones who you only see in the rear view mirror as you're driving away.

-Mike

You wouldn't f#@ing believe how expensive.

 

[Kelly09]

Do what you want, but I assure you that any lawyer is going to tell you to go get the records at the courthouse, or bill you for the time it takes for a paralegal or them to go get them.

If you want to take the cheap way out, apply for a F.I.D. and see what happens

If you have the money for a lawyer, what you really want to do is re-open the ADW charge and claim ineffective counsel and take it to trial.

I came here for advice. I'm not going to ignore it. Just wanted to clarify what I was looking for and why.

 

[greencobra]

sounds like you had your share. I can't give you any info but wish you good luck and I hope things work out. god bless.

 

[Kelly09]

1. The PD used BOP instead of or in additon to CORI

2. You cannot get a full uncensored CORI. Items removed from the version you can get would include things like CWOFs, dismissed charges, nolle prosses, not guilty findings, etc. The PD version gets everything.

Would a paralegal for a lawyer have access to that info through online sources? I have a friend that's a paralegal and that would save me the wait for the courts to reopen after the quarantine.

 

[Rob Boudrie]

Would a paralegal for a lawyer have access to that info through online sources? I have a friend that's a paralegal and that would save me the wait for the courts to reopen after the quarantine.

Through independent legal research services like LexisNexis and Pacer (federal), but not the same source at the PD so you would not be guaranteed an result identical in items covered or wording/format used.

 

[Kelly09]

Through independent legal research services like LexisNexis and Pacer (federal), but not the same source at the PD so you would not be guaranteed an result identical in items covered or wording/format used.

That sucks. But I definitely appreciate the help. thank you.

 

[milktree]

It’s infuriating that one cannot get one’s own complete report.

That’s serious secret police shit.

 

[Len-2A Training]

Would a paralegal for a lawyer have access to that info through online sources? I have a friend that's a paralegal and that would save me the wait for the courts to reopen after the quarantine.

No, only LE has access to the BOP and every access is recorded and they do review it for abuse (unauthorized access).

It’s infuriating that one cannot get one’s own complete report.

That’s serious secret police shit.

You can but just not all in one location, you have to visit each court where you appeared and you can request reports from each involved PD (but I don't know how forthcoming they would be). However, ALL activity (even if you called about a cat in a tree) is archived by the PD's in-house computer system. And they do review it regarding suitability.

 

[milktree]

You can but just not all in one location, you have to visit each court where you appeared and you can request reports from each involved PD (but I don't know how forthcoming they would be).

Like I said, you can’t.

There’s a database that contains everything about you that they can get at easily, without even knowing if the data exists (they don’t need to have a list of every police department and court), but you have to already know everything just to check what they know.

You literally cannot get the same report.

However, ALL activity (even if you called about a cat in a tree) is archived by the PD's in-house computer system. And they do review it regarding suitability.

That’s the secret police shit I’m talking about.

 

[Mass-diver]

Just to add another name, I had a very positive experience with Attorney Burke. He does a $100 over the phone consult too.

 

[LKE21]

Register for an account and log into iCORI:

https://icori.chs.state.ma.us/icori/ext/global/landing.action?page=1&bod=1586956436015&m=presentLanding

Personal iCORI requests are $25 (I believe).

Personal results will include all records maintained by the MA Board of Probation (BOP) except for juvenile offenses and sealed records. It will include non-convictions (CWOF, Nol Pross,etc.). Juvenile records can be retrieved from the originating court. If you sealed a charge on your record, you probably already have documents stating as much (and the attorney’s bills).

Redacted or limited CORI (which others have griped about above) is available to prospective employers, landlords, attorneys, etc. The requesting entity must register for an account, justify the level of access, and be granted as much. CORI reform happened under Deval back in like 2012. The reason for the reform is that people were having a hard time getting jobs/housing with a BOP a mile long full of CWOF and DISM disposition codes. Now, non-conviction data is not readily available unless such access is granted by DCJIS.

The issue that generally arises for personal queries is that sometimes personal data is entered incorrectly (names misspelled, social is a digit off) and your query will not have the results you are looking for. CORI data is manually entered so shit happens. It’s a problem police face as well when they are accessing BOP records via a CJIS terminal; however, they don’t have to pay $25 per query.

Straight off the MA website regarding iCORI-
Personal access will get you:

• All adult/youthful offender convictions, non-convictions, and pending cases, as well as all civil and non-incarcerable offenses.In addition, both civil and non-incarcerable offenses must appear in their own distinct sections of the CORI report.

Personal access will not get you:

• Any sealed or juvenile offenses.

 

[Kelly09]

Register for an account and log into iCORI:

https://icori.chs.state.ma.us/icori/ext/global/landing.action?page=1&bod=1586956436015&m=presentLanding

Personal iCORI requests are $25 (I believe).

Personal results will include all records maintained by the MA Board of Probation (BOP) except for juvenile offenses and sealed records. It will include non-convictions (CWOF, Nol Pross,etc.). Juvenile records can be retrieved from the originating court. If you sealed a charge on your record, you probably already have documents stating as much (and the attorney’s bills).

Redacted or limited CORI (which others have griped about above) is available to prospective employers, landlords, attorneys, etc. The requesting entity must register for an account, justify the level of access, and be granted as much. CORI reform happened under Deval back in like 2012. The reason for the reform is that people were having a hard time getting jobs/housing with a BOP a mile long full of CWOF and DISM disposition codes. Now, non-conviction data is not readily available unless such access is granted by DCJIS.

The issue that generally arises for personal queries is that sometimes personal data is entered incorrectly (names misspelled, social is a digit off) and your query will not have the results you are looking for. CORI data is manually entered so shit happens. It’s a problem police face as well when they are accessing BOP records via a CJIS terminal; however, they don’t have to pay $25 per query.

Straight off the MA website regarding iCORI-
Personal access will get you:

• All adult/youthful offender convictions, non-convictions, and pending cases, as well as all civil and non-incarcerable offenses.In addition, both civil and non-incarcerable offenses must appear in their own distinct sections of the CORI report.

Personal access will not get you:

• Any sealed or juvenile offenses.

Hey, sorry I hadn't seen your reply till now. I've already got my cori report., does that mean I don't have to wait for the courts to open back up to get the the info I need? It seems to have the court disposition on it. And btw the domestic was dismissed as misdemeanor a&b not cwof simple assualt. Does that help my case?

 

[Rob Boudrie]

You case is complicated enough that a pre-application visit with an attorney like the Scriv (Keith Langer) would be well advised.

The only reason not to get such a consult is if you would rather be turned down for the LTC than pay the legal fee.

 

[Kelly09]

No, ill definitely be contacting an attorney. From everything I've learned on here, that was a given. But because of the advice from a previous poster. I've been waiting for the courts to reopen, so I can get the court records with disposition of the cases to show the attorney. But I hadn't seen the last post on here, which seems to say the personal cori report does have the info I need. I was just clarifying that part. And was just curious peoples opinion on my chances with the change on the domestic case from cwof simple assualt to dismissed misdemeanor a&b. Wasn't sure if that helps or hurts me. To be honest, considering the insanity of this state on Guns, I'm not very hopeful. And add to that I haven't been able to find even rough estimate on the attorneys fees for this makes me think I won't be able to afford it right now. BTW I was planning on contacting Jason Guida is scriv as well respected as Guida? I think scriv is closer to me.

 

[Rob Boudrie]

The pesonal CORI might, emhasis might,, have the same info as the BOP report. Maybe.

 

[SDG]

Jason Guida...I know a number of folks who have used him and all have been very impressed. He is who I would call if I needed something.

Whatever the cost it will only increase (along with your chances of getting an LTC/FID decreasing) if you try yourself and get denied.

 

[Len-2A Training]

Jason Guida...I know a number of folks who have used him and all have been very impressed. He is who I would call if I needed something.

Whatever the cost it will only increase (along with your chances of getting an LTC/FID decreasing) if you try yourself and get denied.

I agree with you. I know both and they are both good attorneys. Jason has a leg up based on his prior job.

 

[Rob Boudrie]

Jason Guida...I know a number of folks who have used him and all have been very impressed. He is who I would call if I needed something.

Whatever the cost it will only increase (along with your chances of getting an LTC/FID decreasing) if you try yourself and get denied.

Ever try finishing chewing gum that someone else started on? That's how attorneys feel about cases that were pro-sed until the client discovered he was in over his head or not doing things quite right.