Still think there's no mandatory minimum?

nstassel

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I finished a case this week. The guy was accused of possession of a firearm and discharging it within 500 feet of a dwelling. The were accusations of pistol whipping someone and assaulting someone with the shot. This all happened in a hotel at a party.

There was no gun recovered. There was no bullet or casing. Just a hole in the ceiling and a ricochet mark. The DA was not willing to dismiss or even give him 6 months for the assault. It was 18 mos or go to trial. He did three months before I got him out on bail. He had no record of convictions but was out on bail for pushing his girlfriend- who started the melee at the hotel party- when he was charged with this offense.

20221117_152329.jpg

Here he is cutting off his gps after being found not guilty of everything. The judge gave a required finding on the victim charges and the jury then acquitted on the two remaining gun charges.
 
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I finished a case this week. The guy was accused of possession of a firearm and discharging it within 500 feet of a dwelling. The were accusations of pistol whipping someone and assaulting someone with the shot. This all happened in a hotel at a party.

There was no gun recovered. There was no bullet or casing. Just a hole in the ceiling and a ricochet mark. The DA was not willing to dismiss or even give him 6 months for the assault. It was 18 mos or go to trial. He did three months before I got him out on bail. He had no record of convictions but was out on bail for pushing his girlfriend- who started the melee at the hotel party- when he was charged with this offense.

View attachment 688109

Here he is cutting off his gps after being found not guilty of everything.
I think that the MA DAs and ADAs get a "multiplier" on their win-loss sheet if they can get a conviction on a gun crime, but only if the person is an upstanding citizen who really didn't do anything evil.
 
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I finished a case this week. The guy was accused of possession of a firearm and discharging it within 500 feet of a dwelling. The were accusations of pistol whipping someone and assaulting someone with the shot. This all happened in a hotel at a party.

There was no gun recovered. There was no bullet or casing. Just a hole in the ceiling and a ricochet mark. The DA was not willing to dismiss or even give him 6 months for the assault. It was 18 mos or go to trial. He did three months before I got him out on bail. He had no record of convictions but was out on bail for pushing his girlfriend- who started the melee at the hotel party- when he was charged with this offense.

View attachment 688109

Here he is cutting off his gps after being found not guilty of everything.
OUTf***INGSTANDING Mr.Tassel!!!!!!!!
 

fencer

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I agree. This haircut is an indication of bad life decisions.

Definitely almost screwed himself for life. A decent kid but that man bun was not cool.
Three months in jail is more than enough time to make you take a hard look at how you are living your life, and make changes. I hope he learned a couple of lessons from the experience. Wild parties are almost never worth it, but good lawyers are.
They could have ruined this young mans life over nothing. Well done Mr. Tassel.
 
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Now, for bonus points, file a case to establish that a not guilty finding cannot be used as the basis for deprivation of a constitutional right.

Funny thing about "don't talk to the police". Serious attorney question - The residue thing was the first that came to my mind. If I was in a situation where I was accused of firing a gun but didn't, and knew my clothes had be laundered and I have not handled to fired guns since, would I be well advised to ask the police to take my clothes in as evidence, or follow conventional wisdom at STFU? The chain of custody could be broken before I actually would have a chance to sit down with an attorney and inquisitioners.

And this bit about "out on bail for pushing his girlfriend" and "girlfriend started the melee". WTF was he doing anywhere near proximity to her under the circumstances? Doesn't bail usually come with a "no contact" order regarding alleged victim(s) in the case?
 
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I really hate the criminal justice system in this state. I'd only serve on a jury just to nullify. Overpaid dingbats run the entire system.
You would probably get a boring case like an OUI, felonious mopery, an actual assault, blaspheming the holy name of God (MGL Ch 272 section 36), or receipt for deposit by insolvent banking institution - not a miscarriage of justice that could be righted by nullification.

If I was voir dired for an OUI and asked if I had any thoughts I would mention the misdafelony concept, US v. Logan, the refusal of the BATFE to recognize FLRB relief by not considering said relief a restoration of civil rights, etc. My mood of the day would dictate if I answered in group questioning or told the court it would prefer to hear my concerns in private.
 
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Buck F

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Now, for bonus points, file a case to establish that a not guilty finding cannot be used as the basis for deprivation of a constitutional right.

Funny thing about "don't talk to the police". Serious attorney question - The residue thing was the first that came to my mind. If I was in a situation where I was accused of firing a gun but didn't, and knew my clothes had be laundered and I have not handled to fired guns since, would I be well advised to ask the police to take my clothes in as evidence, or follow conventional wisdom at STFU? The chain of custody could be broken before I actually would have a chance to sit down with an attorney and inquisitioners.

And this bit about "out on bail for pushing his girlfriend" and "girlfriend started the melee". WTF was he doing anywhere near proximity to her under the circumstances? Doesn't bail usually come with a "no contact" order regarding alleged victim(s) in the case?

IANAL but I'm sticking w/ STFU. If they don't run a residue test then it might be argued that there was no residue found. Your chain of custody argument is valid, you never know what may show up on a test no matter how clean you [think you] are.
 

Rat187

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I finished a case this week. The guy was accused of possession of a firearm and discharging it within 500 feet of a dwelling. The were accusations of pistol whipping someone and assaulting someone with the shot. This all happened in a hotel at a party.

There was no gun recovered. There was no bullet or casing. Just a hole in the ceiling and a ricochet mark. The DA was not willing to dismiss or even give him 6 months for the assault. It was 18 mos or go to trial. He did three months before I got him out on bail. He had no record of convictions but was out on bail for pushing his girlfriend- who started the melee at the hotel party- when he was charged with this offense.

View attachment 688109

Here he is cutting off his gps after being found not guilty of everything. The judge gave a required finding on the victim charges and the jury then acquitted on the two remaining gun charges.
Should have re-charged him for destroying State property...lol
 

Buck F

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Does anyone have that great "Don't talk to cops video" by that lawyer followed by the detective? Have seen it posted on NES a number of times but can't locate it and would like to save the vid.

Thanks!
 

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