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Firearms attorney

Finally someone that comes here with a checkered past that asked for a lawyer contact info instead of "hey.....I got "this and this" in my past what are my chances of getting an LTC in mass.

Good on you OP and hope a lawyer can help you.
 
Before you contact the lawyer, get the records.

Go to the court house and obtain the disposition of the cases.

You don’t want any surprises.

Then you’ll have the facts you’ll need to show the lawyer who will tell you how to proceed.
 
You have good referrals to local 2A attorneys, so you are all set there.

Some info you should provide the attorney: Regarding the CWOF's, did you actually go to court or were these cases heard by a clerk magistrate? Clerk magistrate does not equal going to court, and could affect what you document in the application. IANAL, of course.
 
Mountain said:
You have good referrals to local 2A attorneys, so you are all set there.

Some info you should provide the attorney: Regarding the CWOF's, did you actually go to court or were these cases heard by a clerk magistrate? Clerk magistrate does not equal going to court, and could affect what you document in the application. IANAL, of course.
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A continuance without a finding can't be made by a clerk magistrate at a show cause hearing. It requires arraignment and an admission in open court for an adult.
 
Not sure of the nature of OP's CWOF, but it is possible. I had one on my record. I don't recommend it, but I did the application myself without consulting anyone. Notified them on Question#4 and then wrote "see enclosed letter" in the later description section. Described the nature of the CWOF including docket info, CWOF expiration, and when the police dropped charges. Mine might have been easy though, as the charges were kind of BS to start with. I was also 17 when it happened, so maybe that helped.

Best bet would be to consult an attorney, but just wanted to chime in to not lose hope. It is still possible.
 
ReluctantDecoy said:
Not sure of the nature of OP's CWOF, but it is possible. I had one on my record. I don't recommend it, but I did the application myself without consulting anyone. Notified them on Question#4 and then wrote "see enclosed letter" in the later description section. Described the nature of the CWOF including docket info, CWOF expiration, and when the police dropped charges. Mine might have been easy though, as the charges were kind of BS to start with. I was also 17 when it happened, so maybe that helped.

Best bet would be to consult an attorney, but just wanted to chime in to not lose hope. It is still possible.
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How does the court get to the point of rendering a decision to resolve it as a CWOF if the charges are dropped?
 
Rob Boudrie said:
How does the court get to the point of rendering a decision to resolve it as a CWOF if the charges are dropped?
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You make a motion to the Judge that the charges be continued without a finding for X amount of time and admit there are sufficient facts to find reach a guilty verdict.

Normally your Attorney and the prosecutor discuss it in a pre trial conference and agree to it and when the Defense makes the motion the prosecutor will agree or not object

The charges are really never dropped, they stay on your record with the CWOF disposition, and one of the things about the X time thing is they hang over your head for that amount of time and if you screw up again they get entered as a guilty finding and there is a sentencing hearing

IMHO too many people take the CWOF thinking everything goes away but it doesn't.... ask the person who got a second DWI after 6/94, every CWOF DWI before that is treated as a Guilty, and even under current law a CWOF on a DWI counts as a guilty for all intents and purposes... insurance, RMV, going to "drunk school" payment of a ton of fees to the Brain Injury folks....

The only reason to take a CWOF is if you are guilty and are looking to reduce the damage, never admit to sufficient facts if you can prove your innocence at a jury trial regardless of expense... sell your blood to raise money for your defense

IANAL and this is just my opinion
 
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ReluctantDecoy said:
I'm no expert in this matter. All I know is that my CWOF was suppose to lapse in Sept of that year, and the police dropped the charges in May.
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This sort of "no expert..." response is why you need to get a court certified copy of the decision.
IMHO too many people take the CWOF thinking everything goes away but it doesn't.... ask the person who got a second DWI after 6/94, every CWOF DWI before that is treated as a Guilty, and even under current law a CWOF on a DWI counts as a guilty for all intents and purposes... insurance, RMV, going to "drunk school" payment of a ton of fees to the Brain Injury folks....
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It also counts as a conviction for the purpose of commercial driving license actions. What CWOF does is save one from becoming a federally prohibited person for OUI in MA or a plethora of other misdafelonies.
The only reason to take a CWOF is if you are guilty and are looking to reduce the damage, never admit to sufficient facts if you can prove your innocence at a jury trial regardless of expense... sell your blood to raise money for your defense
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Really think proving innocence is an assurance you will not be found guilty? The calculation must balance the small chance of a conviction and PP status vs CWOF consequences. You still have a record even if found not guilty. I wish I could find the reference - there was one case where an LTC appeal was lost because although the subject was found not guilty of OUI at trial "evidence of guilt still existed".

Courts generally will not offer a CWOF deal that does not require an ASF on the part of the defendant. It's like a "pre confession" if you come before the court again as a defendant before the CWOF is over.
The charges are really never dropped
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They are really dropped, but they are never expunged and are available a certain CORI record check levels as well as in the BOP records.
 
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nstassel said:
You are severely confused about what occurred in your case I'm afraid.
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How's that? Like I said, I'm no expert on the matter, but the results seem fairly straight forward on both my court docs and a later Cori (I bopped myself).

According to those documents: While the court did acknowledge my affirmative response to committing the (bullsh*t) charge, the court's disposition is neither guilty or not guilty during the duration of the continuance, at the end of which the case can be dismissed, or during which time the PD can drop their case as well. My hearing was March, my case was continued through Sept (6 months), and the police decided to drop charges in may. Rare, but it can happen. Disposition coding was C 3/30/XX, CWOF 9/20/XX, PD DISM 5/19/XX.

I think the police just required time to confirm my story, and once they did, realized that they didn't really have a case and that charges would be dropped anyway by Sept. I say "rare" because they could have just continued pressing to be asshles.
 
ReluctantDecoy said:
How's that? Like I said, I'm no expert on the matter, but the results seem fairly straight forward on both my court docs and a later Cori (I bopped myself).

According to those documents: While the court did acknowledge my affirmative response to committing the (bullsh*t) charge, the court's disposition is neither guilty or not guilty during the duration of the continuance, at the end of which the case can be dismissed, or during which time the PD can drop their case as well. My hearing was March, my case was continued through Sept (6 months), and the police decided to drop charges in may. Rare, but it can happen. Disposition coding was C 3/30/XX, CWOF 9/20/XX, PD DISM 5/19/XX.

I think the police just required time to confirm my story, and once they did, realized that they didn't really have a case and that charges would be dropped anyway by Sept. I say "rare" because they could have just continued pressing to be asshles.
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Technically you admitted to sufficient facts to prove the case and were placed on probation contemplating a dismissal if you successfully completed probation. For whatever reason, evidently the police being satisfied about some issue, the court terminated your probstion early and the case was dismissed. It looks like you may have paid restitution or a fine early.
 
appraiser said:
The only reason to take a CWOF is if you are guilty and are looking to reduce the damage, never admit to sufficient facts if you can prove your innocence at a jury trial regardless of expense.
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I didn't think we had to prove our innocence in America. How does one do that? 🤔

I'll give you another reason to take a CWOF: You are innocent as Hell (yes, seriously... no BS) but you cannot prove your innocence to the satisfaction of the court and you don't want them to find you guilty. :mad:
 
EJFudd said:
I didn't think we had to prove our innocence in America. How does one do that? 🤔
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You have the PRESUMPTION of innocence, but no Prosecutor is ever going to, nor are they under any obligation to portray you in anything but a guilty light.

It is your duty and your Attorneys duty to refute any evidence that would lead to a guilty finding and present any evidence that would portray you in a positive light, as in not guilty.

I'll give you another reason to take a CWOF: You are innocent as Hell (yes, seriously... no BS) but you cannot prove your innocence to the satisfaction of the court and you don't want them to find you guilty. :mad:
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An Alford Plea is a way out if you are indeed guilty and trying to mitigate the damage.. admit to sufficient facts, pay any court costs, probably visit with the Probation Dept once a month..... all the ramifications of a guilty finding without one being entered on your record. Personally I would fight tooth and nail before I plead guilty if I were indeed innocent.

And I did that once.... I got jammed up on a BS charge, my Lawyer at the time (who has since been disbarred) was begging me to take a CWOF, I was 1000 percent not guilty, and refused, and it went to a bench trial.... and before I walked into court that morning I had all my affairs in order in case I was not going to be going home for a few years..... the Judge heard the one Prosecution witness, the Prosecutor rested, my Attorney called me to testify in my own defense, and the Judge said not to bother and ended the BS right there and then with a finding of not guilty. It cost me a ton of money but I have a clean record because of my refusal to take the easy way out
 
appraiser said:
An Alford Plea is a way out if you are indeed guilty and trying to mitigate the damage.. admit to sufficient facts, pay any court costs, probably visit with the Probation Dept once a month..... all the ramifications of a guilty finding without one being entered on your record. Personally I would fight tooth and nail before I plead guilty if I were indeed innocent.
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Alford pleas result in a court finding of guilty and are entered as such on your record. CWOFs are not. Alfordizing a plea will not save you from PP status.

What an Alford plea does is prevent a civil plaintiff, or prosecution in another case, from using the fact that "you admitted guilt" against you in another proceeding.
I'll give you another reason to take a CWOF: You are innocent as Hell (yes, seriously... no BS) but you cannot prove your innocence to the satisfaction of the court and you don't want them to find you guilty. :mad:
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Like it or not the standard of proof in practice varies based on the seriousness of the penalty. Just look at the SJC decision that discharge within 500ft of a dwelling is a per-se offense with no scienter requirement. Also note that when they concluding the penalty was minimal, the court did not even consider lifetime state PP status as part of the penalty when making the decision the punishment was small.
 
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