So, just how screwed is this guy?

Assuming (a) the kid has no record, and (b) he is properly licensed in CT, they will probably amend down to 10(h), with no mandatory jail time.

Doesn't that presume both:
  1. Halfway-sympathetic court.
  2. Competent prosecution.
After all, Len's masterwork is providing expert testimony at trial
to smack down part of a case where the defendant was charged with a crime
for something which is only a civil violation.(*)

I infer that the fact pattern matched a statute for a civil offense,
yet the defendant was charged under a different (criminal) statute.

The arresting officer, prosecutor, and judge all had no clue.
The most risk-averse commenters in this thread would fear that
retaining (say) Lionel Hutz, Real Estate Attorney,
the odds are slim the defense counsel would notice the carry/possess distinction.

(*)
Also, a ballistics report that was flat-out wrong about the firearm's capacity.
And the dude was still jacked up for unlocked storage,
but let that go...
 
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Food for thought... if junior had lawyered up with a decent firearms attorney before even reporting the car stolen, half of this stuff may have been cut off at the pass. He ratted himself out, effectively. Absent his admissions, they would have had to prove that he transported the gun into MA, etc. Everyone thinks that by telling the kopsch and "being honest" all the time is going to win them points with the authorities, but once you're at that level, that turns out to rarely be the case....

-Mike
Yeah. He failed in epic fashion at STFU and "don't talk to the police". Still, he doesn't deserve what he is getting.
 
Since this topic has been beat to death, I'll wisecrack that my car is theft proof. It'd be the LAST vehicle on any self respecting thief's punch list.

52003.jpg
 
Since this topic has been beat to death, I'll wisecrack that my car is theft proof. It'd be the LAST vehicle on any self respecting thief's punch list.

52003.jpg

My neighbor had an old Honda that had over 200k on it and it was stolen one night and whoever stole it brought it back and left it running in the street in front of the house. :D

Bob
 
That would probably make it "use without authority" rather than theft.

I guess so. I never really thought about it. I just enjoyed busting his chops about how you know that your car is in really bad shape when some steals it and doesn’t want it so they returned it.

In reality it was probably just some neighborhood kids that went for a joy ride.

Bob
 
Food for thought... if junior had lawyered up with a decent firearms attorney before even reporting the car stolen, half of this stuff may have been cut off at the pass. He ratted himself out, effectively. Absent his admissions, they would have had to prove that he transported the gun into MA, etc. Everyone thinks that by telling the kopsch and "being honest" all the time is going to win them points with the authorities, but once you're at that level, that turns out to rarely be the case....

-Mike

This should be a big take home for this thread
 
It may help convince his family if you tell them he's at risk of losing his CPA license over this and potentially ruining his career. They may not care about firearms and RKBA, but they need a firearms attorney to help him keep his job and license he worked hard for.
 
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Back in the 80's there was some youngster in the Acton area that had a Gremlin with a built up engine. It was pretty damned fast.
Back in the 80s I saw someone mistake this for a Gremlin a short distance away (about 20-30 yards), it's not a mistake you make twice.
upload_2018-12-4_20-9-19.jpeg
 
UPDATE: After months of living on pins and needles, multiple appearances where various charges were dropped to a single charge: possession without a license. Even with that, the prosecution kept asking for one continuance after another. Frustrated by the prosecution failing to make their case, the judge dismissed the final charge and junior is a free man, go forth and sin no more in Massachusetts.
I haven't heard what the final legal cost will be, but I know junior's lawyer was paid a $10k retainer initially.
 
UPDATE: After months of living on pins and needles, multiple appearances where various charges were dropped to a single charge: possession without a license. Even with that, the prosecution kept asking for one continuance after another. Frustrated by the prosecution failing to make their case, the judge dismissed the final charge and junior is a free man, go forth and sin no more in Massachusetts.
I haven't heard what the final legal cost will be, but I know junior's lawyer was paid a $10k retainer initially.

The DA/cops must've f***ed something up, thankfully for junior. An outright dismissal is rare for this sort of thing.

-Mike
 
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