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Unlawful Possession of Ammunition

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  • 08-19-2013, 06:07 PM
    redpill
    Unlawful Possession of Ammunition
    I've been charged with possessing a small amount of ammunition in Massachusetts. At the recent pretrial hearing, I learned that they won't drop the case, nor did they even offer to plea bargain. They apparently intend to take this to trial. To both me and my lawyer, it seems strange that they are pursuing the case so aggressively. Based on officer's testimony at the pretrial hearing, I think they suspect me of a more serious firearms related crime. Basically, I would like to know how long I have to wait until they are required by due process to lay all of their cards on the table. And by cards on the table, I would like to know all of the crimes they intend on charging me with, as well as all of the evidence they intend to use against me in trial.

    If they intend to bring further charges, when are they required to inform me?
    How common is it to withhold pending charges until a later time in the process?
    How much information are they required to share about their ongoing investigation, when asked?
    When in the process will they be required to supply me with all of the evidence and testimony that they plan on using at trial?

    Thanks for you kind attention. Just having this site and seeing so many who are afflicted with the same kind of issues has been very important for me in this stressful time. You who are here providing legal advice are doing a great kindness. God bless.
  • 08-19-2013, 06:18 PM
    Disagreeable
    Re: Charges Timeline, Discovery Process, Massachusetts
    What law were you charged with violating?
  • 08-19-2013, 06:24 PM
    redpill
    Re: Charges Timeline, Discovery Process, Massachusetts
    possession of ammunition without a license
  • 08-19-2013, 06:42 PM
    Disagreeable
    Re: Charges Timeline, Discovery Process, Massachusetts
    Quote:

    Quoting redpill
    View Post
    possession of ammunition without a license

    The statute number please.
  • 08-19-2013, 06:43 PM
    Mr. Knowitall
    Re: Unlawful Possession of Ammunition
    Quote:

    Quoting redpill
    View Post
    If they intend to bring further charges, when are they required to inform me?

    When they bring them. They have until the statute of limitations expires to bring charges. It does not appear that we are talking about charges that would be related to the ammunition charge.
    Quote:

    Quoting redpill
    How common is it to withhold pending charges until a later time in the process?

    There's no way to provide any meaningful answer. If the charges aren't related to the ammunition offense, they may be brought as an entirely separate charge. You should discuss the probably progress of your case with your lawyer.
    Quote:

    Quoting redpill
    How much information are they required to share about their ongoing investigation, when asked?

    You're entitled to discovery relating to the charges filed against you. They do not have to tell you about any ongoing investigation of other possible criminal activity. Talk to your lawyer.
    Quote:

    Quoting redpill
    When in the process will they be required to supply me with all of the evidence and testimony that they plan on using at trial?

    You should discuss the case with your lawyer. You can ask him what he has requested during the course of discovery. If you believe that the state is potentially withholding potentially exculpatory evidence you can discuss your thoughts with your lawyer and discuss how you might determine if the evidence exists and how you might obtain it.
  • 08-19-2013, 06:55 PM
    davidmcbeth3
    Re: Charges Timeline, Discovery Process, Massachusetts
    Quote:

    Quoting Disagreeable
    View Post
    The statute number please.

    grrrrrrrrr ..... likely not just carrying ammo charge ...

    https://malegislature.gov/Laws/Gener...r269/Section10


    Whoever owns, possesses or transfers a firearm, rifle, shotgun or ammunition without complying with the provisions of section 129C of chapter 140 shall be punished by imprisonment in a jail or house of correction for not more than 2 years or by a fine of not more than $500. Whoever commits a second or subsequent violation of this paragraph shall be punished by imprisonment in a house of correction for not more than 2 years or by a fine of not more than $1,000, or both. Any officer authorized to make arrests may arrest without a warrant any person whom the officer has probable cause to believe has violated this paragraph.
  • 08-19-2013, 07:21 PM
    redpill
    Re: Unlawful Possession of Ammunition
    Thanks. Those answers are about what I expected. Truth is I don't know why they want to take this case to trial. I am just turning it round and round in my head, trying to make sense of it. I wish I knew what they were thinking on the other side of the aisle. Best regards.
  • 08-19-2013, 07:27 PM
    Bubba Jimmy
    Re: Unlawful Possession of Ammunition
    Sounds like this:

    Quote:

    Part 1, Title XX, Section 129c General Laws of Massachusetts

    http://www.malegislature.gov/Laws/Ge...40/Section129C


    Section 129C. No person, other than a licensed dealer or one who has been issued a license to carry a pistol or revolver or an exempt person as hereinafter described, shall own or possess any firearm, rifle, shotgun or ammunition unless he has been issued a firearm identification card by the licensing authority pursuant to the provisions of section one hundred and twenty-nine B.
    Always be aware that whenever you are charged you are in a negotiation. They have the power and you have a lot to lose, so you are in a weak negotiating position. Since they are offering nothing, it seems to me that they are letting you sweat to see what you'll come up with to offer them. Whether you have anything is up to you. I don't believe (but it's your life, so don't take this as more than my opinion) that they are going to got through a jury trial with all the procedural inconveniences and expense to prosecute you for a minor offense that will generate a maximum fine of $500 plus the potential expense of incarcerating you for any period. It is nutty. You have to decide if you want to play their game of chicken, or if you have something they want and are willing to offer it.
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