Rifle from 80% lower seized in Rutland MA traffic stop

[GPP]

Kid is stupid, knows he is not legal with the beer or the gun but cant spend the time to get his car inspected. Why draw attention to yourself. young kids are always targets for traffic stops, it is a fact. Why give them a reason.
You see this type of crap all the time. major heroin bust on the highway and the violator was stopped for a tail light out or an expired registration.
never ceases to amaze me.

If you guys knew how often these "tail light out " stops or " bad inspection sticker " stops were the result of some CI giving out info, youd never talk to anyone again.
You dont honestly think some trooper happens to stop a car with a tail light out and stumbles upon 2 kilos of coke?

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I can almost guarantee you the ADA will ask for time. It will absolutely rely upon the skill of the defense attorney and maybe getting lucky with the right judge. He's looking at minimum mandatory time if charged under 10A. He might be lucky if he only does 18 mos.

In MA????

Tee hee hee hee. Dont hold your breath. If his record is clear, and hes noton probation, hes not doing any time.

 

[browncoat]

If you guys knew how often these "tail light out " stops or " bad inspection sticker " stops were the result of some CI giving out info, youd never talk to anyone again.
You dont honestly think some trooper happens to stop a car with a tail light out and stumbles upon 2 kilos of coke?

I'm as guileless as a newborn lamb. I believe in hope and change too.

 

[teaser452]

He should have just used the name road kill.

 

[KBCraig]

http://www.telegram.com/article/20151101/NEWS/151109875

From the article: 233 Shrewsbury St., Holden, MA

Not exactly the hood. And also: OMG!! He lived right across from a middle school!!!!

Also interesting: no information about the passenger was released. Was the passenger 21+? It could have been the passenger's beer. It could have been the passenger's gun, for that matter.

Over/under on the passenger being the source of any excuse that was used to stop this vehicle?

 

[Hoover]

I can almost guarantee you the ADA will ask for time. It will absolutely rely upon the skill of the defense attorney and maybe getting lucky with the right judge. He's looking at minimum mandatory time if charged under 10A. He might be lucky if he only does 18 mos.

On some of your days off, you should go to court and sit in and watch. If he has no other arrests/convictions, he's not going to spend an hour in jail. If he has a few misdemeanor arrests, he still won't do any jail time. If he has several felony convictions (doubtful since he's 20), he would do maybe 6 months in jail.

People who actually hurt other people don't get jail time most of the time. You need to be a long time criminal or commit a armed robbery, rape, murder, etc. to get time. MA courts do not put many people in jail.

 

[Hoover]

If you guys knew how often these "tail light out " stops or " bad inspection sticker " stops were the result of some CI giving out info, youd never talk to anyone again.
You dont honestly think some trooper happens to stop a car with a tail light out and stumbles upon 2 kilos of coke?

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In MA????

Tee hee hee hee. Dont hold your breath. If his record is clear, and hes noton probation, hes not doing any time.

Even if he were on probation, they'd just tack on another year or so. Those district courts are nothing buy a money machine. They give out probation (costs the defendant $50/month) and pay court costs judgements so often.

My cousin got arrest AGAIN over the weekend for skipping court for another arrest (she's really smart ). She went off the tracks about 5 years ago and has been arrested for minor assaults, larceny, etc. probably 12 to 15 times since. She's spent maybe 5 days in jail last spring. Every new arrest, nothing happens and she doesn't learn.

 

[GPP]

From the article: 233 Shrewsbury St., Holden, MA

Not exactly the hood. And also: OMG!! He lived right across from a middle school!!!!

Also interesting: no information about the passenger was released. Was the passenger 21+? It could have been the passenger's beer. It could have been the passenger's gun, for that matter.

Over/under on the passenger being the source of any excuse that was used to stop this vehicle?

You do know that someone under 21 cannot transport alcohol in their vehicle even though there may be someone 21 or older in the vehicle as well right? Unless of course its a parent or guardian.

 

[Rob Boudrie]

People who actually hurt other people don't get jail time most of the time. You need to be a long time criminal or commit a armed robbery, rape, murder, etc. to get time.

One can also get jail time for defying the system and insisting a trial instead of taking the deal. This is doubly true if you are in fact innocent of what you are accused of.

 

[Hoover]

I can almost guarantee you the ADA will ask for time. It will absolutely rely upon the skill of the defense attorney and maybe getting lucky with the right judge. He's looking at minimum mandatory time if charged under 10A. He might be lucky if he only does 18 mos.

Here is a story on a case I saw while I was at a local district court.

This guy, about 30 with plenty of arrests and convictions on his record was in court for a pretrial hearing. He was arrested for selling cocaine, one of his previous convictions was for sale of cocaine. He was caught in a drug sting, he tried to flee in his suv and drove over grass, curbs, etc. in the condo complex trying to get away. He resisted arrest when they caught him. At the police station, while in the holding cell, he stuffed toilet paper in the toilet and flooded the cell.

In court the judge, Judge Singer (who is one of the few tough ones anywhere around here) did not like the deal the ADA was offering the defendant. The ADA and the defense agreed to 2 years probation. The judge said she thought a hard drug dealer should do 3 months in jail. The ADA refused and said if the deal was not accepted, they would not go to trial, they would drop the charges.

I've chatted about some of the cases with a few friends who are cops and they relate plenty of eye roll worthy stories. One of the cops said they booted Judge singer from the court and moved her out to (I think) Marlboro because she was too tough in sentences and they higher ups did not like it.

The only way you get jail in MA is if you have a LONG record and they finally get sick of seeing you or if you commit a serious crime. The kid in the story might not even be a PP afterwards if he has a good lawyer and no previous record.

 

[GPP]

One can also get jail time for defying the system and insisting a trial instead of taking the deal. This is doubly true if you are in fact innocent of what you are accused of.

What? What are you even talking about?

 

[Rob Boudrie]

What? What are you even talking about?

I am referring to the plea system, in which it not uncommon for someone offered a no jail time deal to be sent to prison after a trial. The FL "warning shot" cases are extreme examples (though in those cases, the "deal" was a few years, and the consquences of going to trail was a 20 year no parole sentence). The judge in one of the cases even mentioned the defendant was being sentenced not for the crime, but for demanding a trial.

 

[Hoover]

One can also get jail time for defying the system and insisting a trial instead of taking the deal. This is doubly true if you are in fact innocent of what you are accused of.

That's what they did to the kid in NH who had consensual sex with a classmate. Before the trial they offered him probation if he pled to the statutory rape charges (He was 18, she was 15 and legal age of consent in NH is 16). He refused and they went to trial charging him with actual rape (3 felon counts), 3 misdemeanor statutory rape charges, felony using a computer to entice a minor and two others.

He was convicted of the 3 statutory rape charges and because he emailed and facebook messaged with the girl, convicted of the felony computer charge. He could have received 11 years in prison from the 4 charges, the judge gave him 1 year last week.

He went from a full academic scholarship to Harvard to a convicted felon who needs to register as a sex offender for life and his admission to harvard recinded.

The state knew the whole thing was BS but because he wanted a trial, they wanted to hammer him. If convicted of the actual rape charges, he would have been sentenced to decades in prison. But that's NH.

 

[GPP]

I am rtem, in which it not uncommon for someone offered a no jail time deal to be sent to prison after a trial. The FL "warning shot" cases are extreme examples (though in those cases, the "deal" was a few years, and the consquences of going to trail was a 20 year no parole sentence). The judge in one of the cases even mentioned the defendant was being sentenced not for the crime, but for demanding a trial.

Youre gonna have to cite that case, or you may as well have heard it from " They".

People that refuse a plea are then sentenced more harshly when they choose a trial (bench or jury) and are found guilty? Is that what youre saying?

Youre suggesting that the courts somehow are able to sway a juries' verdict?

 

[Hoover]

I am referring to the plea system, in which it not uncommon for someone offered a no jail time deal to be sent to prison after a trial. The FL "warning shot" cases are extreme examples (though in those cases, the "deal" was a few years, and the consquences of going to trail was a 20 year no parole sentence). The judge in one of the cases even mentioned the defendant was being sentenced not for the crime, but for demanding a trial.

That was the one in Jacksonville which was prosecuted by the same crazy nut who was the special prosecutor for the Zimmerman trial, Angela Corey. I believe the sentence was tossed on appeal and she plead to probation to avoid another trial. But she did spend a year or two in jail and was facing 20 because FL has a gun enhancement that really hammers you. I think the gun enhancement doubled her sentence to the 20 years.

 

[GPP]

That's what they did to the kid in NH who had consensual sex with a classmate. Before the trial they offered him probation if he pled to the statutory rape charges (He was 18, she was 15 and legal age of consent in NH is 16). He refused and they went to trial charging him with actual rape (3 felon counts), 3 misdemeanor statutory rape charges, felony using a computer to entice a minor and two others.

He was convicted of the 3 statutory rape charges and because he emailed and facebook messaged with the girl, convicted of the felony computer charge. He could have received 11 years in prison from the 4 charges, the judge gave him 1 year last week.

He went from a full academic scholarship to Harvard to a convicted felon who needs to register as a sex offender for life and his admission to harvard recinded.

The state knew the whole thing was BS but because he wanted a trial, they wanted to hammer him. If convicted of the actual rape charges, he would have been sentenced to decades in prison. But that's NH.

Dude, it doesnt work thay way good god. The state didnt convict him of the actual rape charges, the jury did.

The plea is offerred for a multitude of reasons; this kid should have taken the plea.

 

[Hoover]

Youre gonna have to cite that case, or you may as well have heard it from " They".

People that refuse a plea are then sentenced more harshly when they choose a trial (bench or jury) and are found guilty? Is that what youre saying?

Youre suggesting that the courts somehow are able to sway

It's this one. Angela corey the prosecutor has a very very bad reputation. Look at what a dog sh1t case that zimmerman one was. In the trial, the states own witnesses were actually making zimmermans case. That was a political prosecution and she had no problem doing it. She even threatened Alan Dershowitz with arrest and prosecution because he called out her BS charge and the arrest affidavit. She's a nut.

https://en.wikipedia.org/wiki/Marissa_Alexander_case

 

[Hoover]

Dude, it doesnt work thay way good god. The state didnt convict him of the actual rape charges, the jury did.

The plea is offerred for a multitude of reasons; this kid should have taken the plea.

I know the jury did but the state still brought all those charges including ones like the rape that they know were BS. The girl told people it was consensual afterwards including the nurse, texted the kid the day after and she he was her angel, etc.

The felony charge they brought for using a computer to entice a minor, the judge allowed to stand, is BS. That law is very clearly designed to get predators trolling the web, message boards for teens, not two classmates who know each other facebook messaging back and forth. Hopefully that gets reversed on appeal. He was clearly guilty of the statutory rape charges. No way he had a naked willing girl in front of him and he decided it wasn't a good idea.

 

[GPP]

It's this one. Angela corey the prosecutor has a very very bad reputation. Look at what a dog sh1t case that zimmerman one was. In the trial, the states own witnesses were actually making zimmermans case. That was a political prosecution and she had no problem doing it. She even threatened Alan Dershowitz with arrest and prosecution because he called out her BS charge and the arrest affidavit. She's a nut.

https://en.wikipedia.org/wiki/Marissa_Alexander_case

First of all, you realize that an adult, cannot by law, have consensual sex with a minor, right? Whether its BS or not is irrelevant. When he said he had consensual sex with a minor to the jury, he was guilty. Done. He should have taken the plea, I bet his lawyer wanted him to take the plea.

Political prosecution has zero bearing on sentencing, as suggested here.
Political prosecution has been going on well before Zimmerman (Salem Witch Trials ring any bells?)

Im pretty sure there are a few dozen practicing attorneys here on NES. Have you ever noticed how often they chime in on law discussions? Pretty much never. Its a shell game on both sides dude.

 

[GPP]

I know the jury did but the state still brought all those charges including ones like the rape that they know were BS. The girl told people it was consensual afterwards including the nurse, texted the kid the day after and she he was her angel, etc.

The felony charge they brought for using a computer to entice a minor, the judge allowed to stand, is BS. That law is very clearly designed to get predators trolling the web, message boards for teens, not two classmates who know each other facebook messaging back and forth. Hopefully that gets reversed on appeal. He was clearly guilty of the statutory rape charges. No way he had a naked willing girl in front of him and he decided it wasn't a good idea.

The reasons youve listed here are exactly why he should have taken the plea.

When a judge charges a jury, he/she removes all of the jurors discretion. It becomes a yes or no question.
Does the law say sex with a minor is illegal? Yes.
Did the defendant admit to having sex with a minor? Yes.
Guilty. Its that simple. Its nota discretionary process at that time; the discretion exists at the plea level.

 

[Hoover]

The reasons youve listed here are exactly why he should have taken the plea.

When a judge charges a jury, he/she removes all of the jurors discretion. It becomes a yes or no question.
Does the law say sex with a minor is illegal? Yes.
Did the defendant admit to having sex with a minor? Yes.
Guilty. Its that simple. Its nota discretionary process at that time; the discretion exists at the plea level.

NH has a romeo juliet exception to statutory rape like many states. Only NH's exception (no statutory rape if the parties was within 3 years of each other no matter if the parties are below the age of consent. But NH says there is no exception for "penetration". The kid claimed he did not have sex with her at all, did not use his finger or tongue. She said it was consensual until she was the gossip of the school 4 days later, then suddenly it was rape.

So he didn't admit to any sexual stuff except kissing, fondling, etc. But the jury did not buy that he had a girl ready to go and suddenly had a change of heart and didn't sleep with her. I don't know any one when I was in HS who had a willing girl who would say no. He was crazy to think a jury would buy that.

 

[GPP]

NH has a romeo juliet exception to statutory rape like many states. Only NH's exception (no statutory rape if the parties was within 3 years of each other no matter if the parties are below the age of consent. But NH says there is no exception for "penetration". The kid claimed he did not have sex with her at all, did not use his finger or tongue. She said it was consensual until she was the gossip of the school 4 days later, then suddenly it was rape.

So he didn't admit to any sexual stuff except kissing, fondling, etc. But the jury did not buy that he had a girl ready to go and suddenly had a change of heart and didn't sleep with her. I don't know any one when I was in HS who had a willing girl who would say no. He was crazy to think a jury would buy that.

Which is why he shoulda taken the plea dude. Jury of your peers, right? Would a reasonable person belive this kid walked away from a "girl ready to go"? He may have right? Absolutely. He may have said nope, not gonna do it. But the jurors all said, bullllllllshit; he banged her. Juries add an absolute whole other dimension to this. If any of the NES litigators had the cajones to weigh in, theyd probably tell you they hate jury trials, and love pleas; but not for the alacrity in which they proceed, but because of the finality of the deal.
But, they wont.

 

[Rob Boudrie]

I guess I am missing something - no exception for "penetration" - how is non-penetration considered rape for the exception to apply?

 

[GPP]

I guess I am missing something - no exception for "penetration" - how is non-penetration considered rape for the exception to apply?

Because the jury didnt believe that he walked away from a "girl ready to go"

 

[teaser452]

Because the jury didn't believe that he walked away from a "girl ready to go"

Yup! Must remind my son when he starts to grow hair on his balls to not be near any girl "ready to go". If he even understands it when I explain it to him. Which he won't until he is near a "girl ready to go" and then he'll forget my sage advice.

 

[GPP]

BTW for what its worth, he was NOT convicted of the rape charge, that was an acquittal. He was found guilty of 4 other misdemeanor sex charges.

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Yup! Must remind my son when he starts to grow hair on his balls to not be near any girl "ready to go". If he even understands it when I explain it to him. Which he won't until he is near a "girl ready to go" and then he'll forget my sage advice.

Lol dude why do you think I was a grandfather at 46??? None of them listen!

 

[Smash05]

If you guys knew how often these "tail light out " stops or " bad inspection sticker " stops were the result of some CI giving out info, youd never talk to anyone again.
You dont honestly think some trooper happens to stop a car with a tail light out and stumbles upon 2 kilos of coke?

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In MA????

Tee hee hee hee. Dont hold your breath. If his record is clear, and hes noton probation, hes not doing any time.

I defend folks charged with crimes like that. I don't need to hold my breath. I've got one of them on at the end of the week. 10A is a min man 18 mos. Those don't usually get broken down.

 

[Smash05]

On some of your days off, you should go to court and sit in and watch. If he has no other arrests/convictions, he's not going to spend an hour in jail. If he has a few misdemeanor arrests, he still won't do any jail time. If he has several felony convictions (doubtful since he's 20), he would do maybe 6 months in jail.

People who actually hurt other people don't get jail time most of the time. You need to be a long time criminal or commit a armed robbery, rape, murder, etc. to get time. MA courts do not put many people in jail.

You realize I am a criminal defense attorney. People got to jail all the time, every day. Stop trying to tell me about a life I live every day.

 

[GPP]

I defend folks charged with crimes like that. I don't need to hold my breath. I've got one of them on at the end of the week. 10A is a min man 18 mos. Those don't usually get broken down.

If youve got a case at the end of the week like this, and the guy is not on probation, and has no record, and he gets 18 mos (to serve) in MA , then you are doing it wrong.
And, correct me if Im wrong, but 269 10A is the portion that deals with supressors right? I dont see where this fits?

 

[drgrant]

Which is why he shoulda taken the plea dude. Jury of your peers, right? Would a reasonable person belive this kid walked away from a "girl ready to go"? He may have right? Absolutely. He may have said nope, not gonna do it. But the jurors all said, bullllllllshit; he banged her. Juries add an absolute whole other dimension to this. If any of the NES litigators had the cajones to weigh in, theyd probably tell you they hate jury trials, and love pleas; but not for the alacrity in which they proceed, but because of the finality of the deal.
But, they wont.

Not to mention there's a pretty good chance the jurors on average were a hell of a lot older than he was, some of them probably parents... shitty in terms of a risk assessment on his attorney's part.

 

[Hoover]

BTW for what its worth, he was NOT convicted of the rape charge, that was an acquittal. He was found guilty of 4 other misdemeanor sex charges.

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Lol dude why do you think I was a grandfather at 46??? None of them listen!

3 were misdemeanors, the statutory rape (tongue, finger and penis),the other is a felony, using a computer to entice a minor. The felony could have been 10 yrs in prison, he didn't get that, but it did get him lifetime on the sex registry.

My cousin had court yesterday, she sent the weekend in jail since the warrant was for skipping the court date. After the dozens of appearances for the various arrests over the past 5 yrs, they finally reached a breaking point. She got 3 months in framingham jail. She's a dummy and I doubt that will change her. Feel bad for her kids though.