2011 Disqualifying crime changes are being enforced retroactively

[jrumann59]

OP that sucks. MD being a mother gets the benefit of the doubt state and your wife being a "computer" whiz I can see how you really have no way to prove innocence. Now if you could prove she got it off another computer and had the source you might through in reasonable doubt. I am not a computer whiz but there should be a way to analyze the info on your computer with info on the source to realize which has the "originals"

 

[2dogsbarking]

My conviction was not the reason I started this. My intent was to warn members who had any serious legal conviction in their past. Do you think I wanted to bring this up / relive it?

 

[jrumann59]

Didn't the police even consider that mabye she did it?

lol in MD unless the mother is photographed making her child take a hit off a crack pipe,they may side with the husband. MD divorces are so pro wife it isn't funny.

 

[2dogsbarking]

The judge and assist county prosicuter were not men. Same for the lead cop, Besides it's way too late now.

 

[2dogsbarking]

Agreed

 

[TheBert]

Don't try and fix this yourself you need competent legal representation.

 

[Les Gawlik]

You don't have to tell me about what women will do in order to get their way in a domestic situation.

I have a good idea of what you went through. I'm sorry for what you endured. I know you didn't make the original post to garner sympathy, but you have mine.

 

[fabsroman]

it dosent matter.

No, it really does matter. I am betting it was a crime of violence or a domestic dispute issue.

Normally, a misdemeanor must carry MORE than a 2 year maximum sentence for it to be a disqualifying crime. So, based upon what you have said, the crime actually does matter.

Here is the list of specific crimes that are disqualifying:

(c) “Crime of violence” means:

(1) abduction;

(2) arson in the first degree;

(3) assault in the first or second degree;

(4) burglary in the first, second, or third degree;

(5) carjacking and armed carjacking;

(6) escape in the first degree;

(7) kidnapping;

(8) voluntary manslaughter;

(9) maiming as previously proscribed under former Article 27, § 386 of
the Code;

(10) mayhem as previously proscribed under former Article 27, § 384 of
the Code;

(11) murder in the first or second degree;

(12) rape in the first or second degree;

(13) robbery;

(14) robbery with a dangerous weapon;

(15) sexual offense in the first, second, or third degree;

(16) an attempt to commit any of the crimes listed in items (1) through
(15) of this subsection; or

(17) assault with intent to commit any of the crimes listed in items (1)
through (15) of this subsection or a crime punishable by imprisonment for more than 1 year.

So, was the crime you were convicted of on this list of 17 items? If so, this is old news because the list has been around for a while. Maybe they just started to actually enforce it.

 

[fabsroman]

What doesn't matter? If you were convicted for something, I don't think you can get a judge to retroactively get a PBJ applied to it. Even if you did, you would have to get it expunged after that.

There is a 90 day window after a judge hands down a sentence to file a Motion for Reconsideration of the sentence. I have had Judges change sentences from guilty to PBJ before, but not on significant charges.

 

[Second Amendment]

There is a 90 day window after a judge hands down a sentence to file a Motion for Reconsideration of the sentence. I have had Judges change sentences from guilty to PBJ before, but not on significant charges.

Interesting, but I think he's years out from a change of sentence. Also, the "P" in PBJ means probation and that would have to be expunged yes?

 

[fabsroman]

I don't think it's that. I guess no one knows if that's a disqualifying conviction. And I have to ask, why would your wife do that? That's a life runing thing she did.

Divorces get ugly. I only handle them when there are no minor kids involved and it can get really ugly over pets and possessions. Cannot imagine what it is like over kids. Had a couple argue over a skateboard and bracelet. It was ridiculous and both of them didn't have any money in the first place. Not even worth paying the attorneys to argue over it.

So, I can see his wife doing something like this in a divorce. Now, whether she actually put the stuff on the computer or the OP already had it there, who knows.

As already mentioned, if the charge is a felony that right there is the disqualifier, and I am 80% positive it is a felony. Not 100% sure because I do not handle felonies.

 

[esqappellate]

Divorces get ugly. I only handle them when there are no minor kids involved and it can get really ugly over pets and possessions. Cannot imagine what it is like over kids. Had a couple argue over a skateboard and bracelet. It was ridiculous and both of them didn't have any money in the first place. Not even worth paying the attorneys to argue over it.

So, I can see his wife doing something like this in a divorce. Now, whether she actually put the stuff on the computer or the OP already had it there, who knows.

As already mentioned, if the charge is a felony that right there is the disqualifier, and I am 80% positive it is a felony. Not 100% sure because I do not handle felonies.

Misdemeanor first offense with punishment up to 5 years. Felony second offense. Doesn't matter which (for these purposes of firearms disqualification), as a disqualifying crime is any misdemeanor punishable by more than 2 years.

§ 11-208. Possession of visual representation of child under 16 engaged in certain sexual acts
Prohibited
(a) A person may not knowingly possess and intentionally retain a film, videotape, photograph, or other visual representation showing an actual child under the age of 16 years:
(1) engaged as a subject of sadomasochistic abuse;
(2) engaged in sexual conduct; or
(3) in a state of sexual excitement.

Penalty
(b)(1) Except as provided in paragraph (2) of this subsection, a person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $2,500 or both.

(2) A person who violates this section, having previously been convicted under this section, is guilty of a felony and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $10,000 or both.

MD Code, Public Safety, § 5-101

(g) "Disqualifying crime" means:
(1) a crime of violence;
(2) a violation classified as a felony in the State; or
(3) a violation classified as a misdemeanor in the State that carries a statutory penalty of more than 2 years.

 

[fabsroman]

Interesting, but I think he's years out from a change of sentence. Also, the "P" in PBJ means probation and that would have to be expunged yes?

Yeah, if he is years out he is SOL.

A PBJ only has to be expunged if it is one of the crimes of violence that are listed in SB281. Those are the only ones that a PBJ makes a person prohibited for. Do not think possession of child porn is one of them.

 

[Brooklyn]

OK Beleive it or not.

Wife put some nasty child porn on my work notebook computer and took it to the police. She owned a computer repair co and got the shit off of some of her customers computers. Besides doing 6 months in BCDC, It cost me my $90k a year job-lost my TS clearance. lost my house, lost everything I value. My daughter turns 18 next month. I haven'y seen her in 3 years. She was 12 when this happened. I'm now refured to as "the perv". That is the worst of all.
IM not looking for any boo-hoos here. You asked, thats the answer,

I believe you. There is a reason I am single and not looking.

I wish I could help. But I have no solution. ...

 

[2dogsbarking]

I just finished reading all the posts since I turned off my compute

Let me try to explain this, again.
There are a lot of quotes and stuff of what the law is now.. That means little to me, and in my case NONE of it applies if you want to find the truth about my charges. You need to do the hard part, and find out what the law was in 2004-2006, and when it was changed, for the worse. I was charged with a nonviolent misdemeanor, not a felony. I am not on the Md sex offender list, even though the prosecutor tried to hang that around my neck also.. I even voted, (democrat ticket) while in jail. A felon can’t do that, but I had to fight with the jail officials to get to make that vote.
Also, to those law / statute cut & paste posters. Did you take the time to look up the case / appeal that I quoted that started all this stuff, which I was trying to warn member about?
Re-read through the time line and see how the posts changed after I stated what I was convicted of. All of a sudden the topic changed from gun rights to questions of my guilt or innocence and what my charge “had to be”. What a bunch of, know it all, bull shitters.
Now, to Address a few other things.
Reconsideration was applied for and denied. My attorney (now disbarred and taking about $10K of my fees with him) advised me not to get a copy of the hard drive or even to look at the photos in court because it would make me look even worst. But I did look, and again, it was some real nasty stuff I had never seen before, or even conceive that human beings would do some of these things to a child, and then photograph and put it out there, on the web. It really didn’t matter. Court is just Kabuki Theater.. My fate was sealed long before I stepped into the courtroom.
The member, who said he only works on divorces without children, is right about the things people will fight over and do to each other. But he just scratched the surface . The child porn thing is a known scam that works almost every time..
A new warning. If your fighting with your wife or "loved one" change the password on your computer.

 

[Huckleberry]

Hindsight being 20/20....You married one stone cold, mean and crazy bitch.

You really pissed her off. You're maybe lucky she didn't pull a Lorena Bobbitt on you or shot you while you were sleeping.

Hopefully, the youngsters in the forum will learn that no matter how nice the ass or great the sex, Insane and Crazy ain't worth it.

 

[Name Taken]

To many tears in this beer.

Makes the story hard to buy.

 

[K31]

Maybe it’s because I’m not a member of the NRA - for political reasons. Not joining is even more justified since they have supplied the NSA hackers, and any other government agency, with the names and addresses of every member/ gun owner in the country.

WTF?

 

[2SAM22]

Here is some info that will make things clear as mud. I typed it quickly so there may be an error but I've tried to be as accurate as possible. Oh yeah, I'm not an attorney. Consult one if your situation calls for it.

If you are convicted of a crime that carries a maximum term of greater than 2 years in jail-no matter how much time you actually served, you are disqualified for life (unless you get a pardon if the conviction occurred in MD. Other states have processes whereby you may get your firearms rights reinstated if the conviction was through their state.

If you are convicted of a felony in any state (some carry over a year but less than 2) you are disqualified for life.

If you are convicted of any domestic violence crime no matter the maximum jail term, you are disqualified for life.

If you are convicted of a Common Law crime in the State of MD you are disqualified for life.

if the firearm is "MD regulated" and the following "habitual drunkard" definition applies to you, then you are disqualified from possessing a "MD regulated firearm" until one year has passed from your last conviction.
Habitual drunkard" means a person who has been found guilty of any three crimes under §21-902(a), (b), or (c) of the Transportation Article, one of which occurred in the past year. Public Safety Article 5-101

If you have been convicted of a CDS crime (use or possession) within the past year, you are disqualified until greater than one year has passed since the conviction.

If you've been arrested multiple times for CDS use or possession within the past 5 years, you are disqualified until greater than one year has passed since the arrest because you meet the Federal definition of a habitual CDS user. No conviction is necessary.

If you have two or more convictions for use/possession of CDS, one of which is within the past 5 years, you meet the MD definition of habitual CDS abuser and you may not possess a MD regulated firearm until 5 years pass from the date of the last conviction.
In MD a "Habitual user" means a person who has been found guilty of two controlled dangerous substance crimes, one of which occurred in the past 5 years. Public Safety Article 5-101

 

[fabsroman]

Let me try to explain this, again.
There are a lot of quotes and stuff of what the law is now.. That means little to me, and in my case NONE of it applies if you want to find the truth about my charges. You need to do the hard part, and find out what the law was in 2004-2006, and when it was changed, for the worse. I was charged with a nonviolent misdemeanor, not a felony. I am not on the Md sex offender list, even though the prosecutor tried to hang that around my neck also.. I even voted, (democrat ticket) while in jail. A felon can’t do that, but I had to fight with the jail officials to get to make that vote.
Also, to those law / statute cut & paste posters. Did you take the time to look up the case / appeal that I quoted that started all this stuff, which I was trying to warn member about?
Re-read through the time line and see how the posts changed after I stated what I was convicted of. All of a sudden the topic changed from gun rights to questions of my guilt or innocence and what my charge “had to be”. What a bunch of, know it all, bull shitters.
Now, to Address a few other things.
Reconsideration was applied for and denied. My attorney (now disbarred and taking about $10K of my fees with him) advised me not to get a copy of the hard drive or even to look at the photos in court because it would make me look even worst. But I did look, and again, it was some real nasty stuff I had never seen before, or even conceive that human beings would do some of these things to a child, and then photograph and put it out there, on the web. It really didn’t matter. Court is just Kabuki Theater.. My fate was sealed long before I stepped into the courtroom.
The member, who said he only works on divorces without children, is right about the things people will fight over and do to each other. But he just scratched the surface . The child porn thing is a known scam that works almost every time..
A new warning. If your fighting with your wife or "loved one" change the password on your computer.

Change the password on everything. That much is for sure. If things are going south in the relationship, it can get really, really, really bad. I advise clients going through a divorce to get the heck out of the house ASAP and start living separate and apart. Best way to make sure nothing crazy goes on during the negotiation process.