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Thread: Need help understanding...

  1. #1
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    I call upon those more edgucated in law than myself to help me understand.

    Due to mistakes made without regard for consiquence a close friend of mine was convicted of possesion ofa illeagal weapon. (I must admit that I am not 100% sure of the charge but that was the gist I got from him.) Basically he was carrying brass knuckles (Against my better advice). And he got caught and recently convicted, the court charged him with a first time felony and ruled he was to complete an ARD program for first time offenders. ARD allows the person to be expunged of the felony upon completion. A hard way to learn a lesson but at least he has learned and is improving daily.

    http://www.familylawyerservice.com/ard.htm

    My questionis derrived from the rules of the program. According to my friend he is not to be around any weapons, or people who carry a weapon. In short he stated that I cannot visit him while carrying and that if he visits me I must lock my firearms up.

    Is this correct? How is he to know who is carrying and who is not when in public?

    I can't seem to find this on any webiste and they want $20 to get a ARD guide that may explain it. So if anyone has some insight or personal experience I really could benifit.

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    WhiteFeather wrote:
    ...So if anyone has some insight or personal experience I really could benifit.
    Get better friends. Other than that, take the website's advice, "It will be the best $19.95 you've ever spent."

  3. #3
    Regular Member Mainsail's Avatar
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    Well, that sounds like the easy way to learn the lesson; the hard way would for him to be on the business end of the brass knuckles. (I can’t believe they still make those!)



    I cannot get to that website through the .mil firewall, but if he’s in the program he will have to follow all the program’s rules. If the program required him to wear underpants on his head, he better shop for some fashionable underpants and wear them on his head. This ‘program’ sounds like a sentencing alternative, IOW, they could put him in jail but instead offer the program to save a first time offender a lot of grief and the state/county a lot of money. He doesn’t need to understand or agree with the rules, just abide by them. If you’re his friend, help him.

  4. #4
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    It's very similar to conditions for parole of violent offenders; They are not allowed to be in the presence of unsecured firearms. Doing so violates parole and they go back to jail. If someoneI knew told me that story, I'd believe it.

    I don't think they're going to proactively seek out anyone he has contact with. They may, from time to time, conduct random checks of his person and property (criminal conviction's a *****), and if you happen to be standing next to him with a gun on your hip when they come calling he's in violation. There's very little you could be charged with if you yourself could legally have that firearm, but your friend would probably go to jail for boththe original weapons violation and violation of the terms of his sentence.

    I don't think it's time for a new friend going solely on what you said. We've all done something incredibly boneheaded that, whether we were caught or not, could have landed us in serious trouble. This was one of those times and your friend got caught. What's important is what he learned and how he'll change. Your friend seems very eager to stay out of prison, and as long as you can deal with locking the guns away when he comes over for the near future i see no reason why he can't continue to be your friend.

  5. #5
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    It sounds very much like a type of program I had to go through when I was young and stupid... mine was also for a 1st degree felony, however it was not a weapons, violent crime or drug charge.

    Basically my Mother had to take and have her Pistol stored (I believe at a Gun Shop or she put it in her Safety Deposit Box - I can't remember) in a secure location outside of our home for the duration of the program, even though she had a PA LTCF.

    Once I'd completed the program, my record was expunged. (Obviously since I own a gun and have a LTCF)

    These programs are an excellent way to keep jail populations low for "one time" type offenders who have never been in trouble before and just did something "stupid." I certainly am a fan :P



  6. #6
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    Out of curiosity, and if you don't mind me asking, how did he get caught?

  7. #7
    State Researcher .40 Cal's Avatar
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    If the record is expunged, he no longer has to abide by different rules as he is a citizen with no felonies in his record. IANAL, but that is my understanding of what it means to have a record expunged.

  8. #8
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    Thank you all for your kind advice.

    Being that he is a tad younger than I am I never thought abandenment was a good option rather I try as he will allow to coach/mentor the poor guy.

    His reasoning although merely an excuse was that he had been assulted on two previous occasions and the metro pd refused to even take a report so he felt at his age(18) he needed something to defend himself with. He did not want to go the route of a knife because he really isn't that bad a of a kid. He doesn't believe in the effects of OC spray although I have vouched for it enough times. And so he convinced himself that brass knuckles where thebest alternative. You cannot teach something to somone who is unwilling to listen,so my advice landed on deaf ears butby chance he met the discription of a wanted felon in the area and was stoppped and frisked and sure enoughhe became one of a different sort.

    An unfortunet story and as I had stated he is starting to turn around so now that he is willing to listen my advice will be well spent...

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