namedpipes
NES Member
Considering they fully intended to send him away for 10 years, yes, the kid is lucky.
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Think this guy is screwed?
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What did he plead to then? I don't hang around arfcom any more than the occasional google search brings me there.
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It is your right to plead guilty.... no luck involved.
namedpipes
NES Member
Sure.
![[rolleyes]](/xen/styles/default/xenforo/smilies.vb/042.gif "Roll Eyes [rolleyes]")
He can plead guilty to something that lets the state save face and get rewarded with a brief butt-eff, OR
Behind door number 2, he can spend 10's of thousands of dollars and get reamed so badly he'll need depends the rest of his life. (I'm speaking figuratively, of course - you know, getting screwed by an uncaring state).
Not everyone HAS the wealth it takes to buy off the prosecution in today's justice system.
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Your implying that everyone is innocent and is getting railroaded.
You do have a right to plead guilty. That is all I am saying.
namedpipes
NES Member
Anyone that does "troubleshooting" or analysis work has a toolkit they carry around in their head. On of the tools I often use (because it works) is exaggeration.
Now that probably sounds like I'm blowing smoke somewhere, but I'm not. Bear with me a moment.
When I'm looking at a broken or inefficient system, which in my case could be say a database or maybe a medical records traffic server, I try to see how it would change for better or worse if I blow some component way out of proportion. When I do that, how does the entire system change? What breaks because X is now super efficient or super slow? If a client fails and one queue fills up, WHAT HAPPENS when that queue swamps the drive that carries all the other queues? Should there be a feedback system that throttles the server that feeds that queue (while waiting of course for the analyst to respond to a page)? And so on.
In this case, it is easy to see some basically ok kid ran afoul of MSP by driving over aggressively, then had the enormous bad luck to come across, by some accounts, a cop that had a chip on his shoulder about gun rights/saftey/etc. and/or a lack of understanding of the law wrt interstate firearms transport (which I could almost forgive a local officer for, but the SP really should have that one down pat...) and finds himself facing horrific charges that could destroy his entire life.
So, exaggerate the problem. See what breaks. EVERY cop is ignorant of the law. EVERY prosecutor is corrupt. EVERY judge is sending away innocent people while letting rapists go with an apology.
What safegaurds SHOULD exist in a system like that?
I don't know. Obviously that is not my area of expertise. I'd be happy to discuss the proper handling of an ADT^A38 (should we delete the record or just flag it?) etc., but this is more an area for GOAL.
I DO think that police should leave their personal views in the locker room. I think they should certainly be well trained in the law they are expected to uphold. I think they thould OBEY the law to a far stricter standard than the public is expected to.
I think prosecutors should find a way to "flag" cases where perhaps the original arrest was weaker than it should be. Perhaps paying a devil's advocate attorney for an opinion on what is wrong with the case. NOT knee-jerk supporting the cop with no regard for justice.
I think judges should stick to judging and not making law. It is not the judges problem if the prison is full. That's Corrections problem. Etc.
I could make common sense suggestions all morning on how to fix a broken system but I have floors to sand today so I wont.
ETA: And BY THE WAY, despite some observations I've made of LE's "issues" my kids are taught that most cops, firemen, teachers, etc. should be seen as heroes trying to do the right thing. To know that there are a few bad apples in every bunch but that doesn't make the others bad. Well, ALL politicians are bad but THAT is another thread.
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I think it was in Team. I'll try to remember when I next look at ARfcom, probably tomorrow.
OK, I looked (search is even more limiting on ARfcom than vBulletin SW ![[thinking]](/xen/styles/default/xenforo/smilies.vb/010.gif "Thinking [thinking]")
) and what I did find seems to be another case (very similar however) of a MD person getting nailed in Sturbridge (on his way to NH). That one plead out for a 6 month "on file" and $300 court costs (he was charged with 4 counts, they dropped 3).
It was in a publicly accessible area, so I'll post the URL (hand-typed, so hopefully no typos):
www.ar15.com/forums/topic.html?b=1&f=6&t=871818&page=2 (look for the post of 6/19 by us-kiwi)
I still think that the one from this thread posted somewhere and ended very similarly. Just can't find it right now.
) and what I did find seems to be another case (very similar however) of a MD person getting nailed in Sturbridge (on his way to NH). That one plead out for a 6 month "on file" and $300 court costs (he was charged with 4 counts, they dropped 3).It was in a publicly accessible area, so I'll post the URL (hand-typed, so hopefully no typos):
www.ar15.com/forums/topic.html?b=1&f=6&t=871818&page=2 (look for the post of 6/19 by us-kiwi)
I still think that the one from this thread posted somewhere and ended very similarly. Just can't find it right now.
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It is also possible the officer was very well versed in said law, and that the specific requirements (regarding storage while in interstate transport, etc.) were not precisely followed. Travelers need to not only know and follow the regulations precisely, but also know how to articulate the lawful nature of their activity in a manner that substantiates, rather than undermines, the applicability of FOPA86. (I know of one case where a traveler at a NY airport was doing fine until he admitted he spent the night before his flight was scheduled to depart in NYC). Carrying low grade illegal weapons such as brass knuckles while in possession of the really good stuff is definitely bad form.
It's reached the point that you need laminated cards with lawyer approved responses to hand to the officer
I'm thinking maybe it was on DefensiveCarry.com. However I haven't had time to get to that forum in probably 3-4 weeks now.
Is/was it illegal to posses a shotgun in MA without a permit? They had mentioned "illegal possession of a firearm" or some such charge for the shotgun which didn't make sense to me unless it was because of the pistol grip?
dcmdon
NES Member
Maine,
You're missing the point. Even if a pistol gripped shotgun was illegal in MA, it doesn't matter. FOPA guarantees safe passage from a statring point where it is legal to a destination where it is legal.
Don
You're missing the point. Even if a pistol gripped shotgun was illegal in MA, it doesn't matter. FOPA guarantees safe passage from a statring point where it is legal to a destination where it is legal.
Don
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Yes, AWB not at play here.
ONLY if you are carrying them in accordance with FOPA -- unloaded, in a locked case, etc. If you are not carrying in accordance with FOPA, then you don't get its protections.
dcmdon
NES Member
I just reread 926a, Interstate Transportation of Firearms, re your point about locked case. Its a good point.
But it brings to light one fact we aren't aware of at this time: where were the firearms were being carried.
If they were in the back under a locked cap, then a locked case is not required per fopa.
If they were in front with him. (as is probably the case) Then you are right. Locked case or no fopa protections. Good point.
Don
But it brings to light one fact we aren't aware of at this time: where were the firearms were being carried.
If they were in the back under a locked cap, then a locked case is not required per fopa.
If they were in front with him. (as is probably the case) Then you are right. Locked case or no fopa protections. Good point.
Don
Update
(granted, a little late)
Court logs from 07-31-2009
http://findarticles.com/p/news-arti...i_8005/is_2009_Sept_4/court-log/ai_n38340428/
*Edited to add*
LenS beat me to it.
(granted, a little late)
Court logs from 07-31-2009
http://findarticles.com/p/news-arti...i_8005/is_2009_Sept_4/court-log/ai_n38340428/
*Edited to add*
LenS beat me to it.
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KMaurer does a much better job of explaining it than I just did.
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The "witness fees" are just another revenue enhancement scheme concocted by some clever drone to further extract money for the Commonwealth. Any defendant who doesn't get a straightforward "case dismissed" or "not guilty" gets to cough up extra money in addition to any fines assessed for the privilege of having been given his or her day in court.
ASF = "admit to sufficient facts". The defendant stipulates that there enough facts to justify a guilty verdict. Not really an admission of guilt, though many licensing authorities treat it as such. The problem with equating the two is that even if the prosecution presents enough evidence to justify a conviction, the defense still gets to present its evidence and arguments to reduce that below the threshold needed for a conviction, a little distinction that escapes the authorities, since as we all know, every acquittal is just another perp managing to beat the system and escape justice.
Ken
ASF = "admit to sufficient facts". The defendant stipulates that there enough facts to justify a guilty verdict. Not really an admission of guilt, though many licensing authorities treat it as such. The problem with equating the two is that even if the prosecution presents enough evidence to justify a conviction, the defense still gets to present its evidence and arguments to reduce that below the threshold needed for a conviction, a little distinction that escapes the authorities, since as we all know, every acquittal is just another perp managing to beat the system and escape justice.
Ken
In God We Trust
NES Member
Same thing as some dummy carrying a double edged knife or switchblade in MA. There is no compelling reason to do it as most lock blade folders can open just as fast and you don't have to worry about criminal charges. Stupid state.
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