I had a simple assault case dropped pending good behavior for one year. Which means that I have not been found guilty of any criminal wrong doings. My lawyer told me that as long as you have no other charges against me I can get my guns back. I just had to petition the court in which I did. Now my question is that I went to the police department to get my pistol license back and was denied do to pending one year good behavior can they do that? I have already appealed that as well. I have a perfectly clean record and I repeat I have NOT been charged with any charges. What are all your thoughts on this?
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Questions about firearms return from the courts
- Thread starter NHBASS42
- Start date
Jason Flare
NES Member
Chief Law Enforcement Officer.
A "clean record" is a record without arraignments. It sounds like you agreed to a CWOF, which is an admission of guilt without a guilty finding.
FYI- In MA the local COP can deny your permit because he doesn't like your haircut. That CWOF charge will be on your "clean" record forever.
FYI- In MA the local COP can deny your permit because he doesn't like your haircut. That CWOF charge will be on your "clean" record forever.
Jason Flare
NES Member
Did you first have a hearing before a magistrate before going before a judge?
ETA: Or did a magistrate "drop," this pending good behavior for a year?
ETA: Or did a magistrate "drop," this pending good behavior for a year?
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If you have a CWOF, the charges are technically pending against you for the period of time specified. I suspect you were denied because of "pending charges".
A CWOF is only an admission to guilt if it is accompanies by an ASF (Admission to sufficient facts). Many (probably most) courts won't accept a CWOF without an ASF. The purpose of the ASF is to that, in the event you violate the terms of the one year probation, the court can find you guilty without a trial on the facts of the original case.
One of the purposes of a CWOF is to allow courts to dispose of cases in which the defendant is factually innocent without sending the prosecutor home empty handed without a win to show for his/her record. If you were guilty, you got a deal. On the other hand, CWOFs are often used to dispose of cases where there is no guilt.
A CWOF is only an admission to guilt if it is accompanies by an ASF (Admission to sufficient facts). Many (probably most) courts won't accept a CWOF without an ASF. The purpose of the ASF is to that, in the event you violate the terms of the one year probation, the court can find you guilty without a trial on the facts of the original case.
One of the purposes of a CWOF is to allow courts to dispose of cases in which the defendant is factually innocent without sending the prosecutor home empty handed without a win to show for his/her record. If you were guilty, you got a deal. On the other hand, CWOFs are often used to dispose of cases where there is no guilt.
This.
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