A father in Massachusetts is currently being held on bail after he took a firearm to a Worcester high school to confront a boy who he was told struck his daughter. The man was found by law enforcement searching the hallways armed with a black pistol.
The man’s lawyer states that the case represents the statements of a 14-year-old boy held against the man’s word. When questioned about his activity, the man denies that he had a firearm. The man’s daughter also denied that he had a firearm. The man’s attorney has also suggested that the boy is mistaken.
The man’s mother stated that the man does not have a gun. Instead, the woman states, the man was holding a cell phone. The woman also stated that the man was only speaking to the boy to tell him not to touch his daughter.
Records reveal that the man has a criminal record that is 25 years old and includes offenses related to firearms and jail time. The man does not have a license to carry a firearm. The man is being held without bail pending a hearing.
If you have a previous criminal record, it can create various challenges in your current life. Previous firearm convictions can result in prosecution charging you more harshly and sometimes refusing to plea deals for later offenses. One of the most common things that law enforcement does when researching a case is to examine the subject’s previous criminal history. If you are charged with a crime and law enforcement then discovers you have a previous criminal history, you can expect to face even more challenges in your case.
Previous Criminal Charges Can Increase Penalties
If you are currently charged with a criminal offense, having a criminal history can lead to even more serious penalties. Judges have substantial discretion when deciding whether a person should be sent to jail. If you are charged with a felony in Massachusetts, sentencing guidelines will be utilized to determine the range of sentences.
Criminal History and Juries
In most cases, a person’s criminal history cannot be discussed in front of a jury. The prosecution is not permitted to discuss any previous criminal convictions in front of a jury in most circumstances. This is viewed as prejudicial. If a person offers testimony demonstrating that he or she is a peaceful person, however, evidence of a previous criminal conviction can be used to challenge the concept that the person is peaceful.
Law Enforcement and Expunged Convictions
Expungement refers to a legal process utilized to remove a conviction from a person’s criminal history. The expungement process requires a person to petition a court to convince a judge that the conviction should be removed from their record. After a conviction is expunged, it no longer exists in the public record. Law enforcement as well as prosecutors, however, will always be able to view any record of arrest or previous conviction.
Speak With a Firearm Defense Attorney
If you or your loved ones have been charged with a firearm-related offense, do not hesitate to contact an experienced defense lawyer. Schedule a free case evaluation with Attorney Edward R Molari today.