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: Boston Criminal lawyer Blog

Illegal Gun Possession is a Victimless Crime, Says Massachusetts?s Supreme Judicial Court

By Altman & Altman

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In Massachusetts, the state?s highest court says that defendants solely charged with illegal gun possession cannot be held without bail on the grounds that they might pose a danger to others. The Supreme Judicial Court says illegal gun possession alone is a crime that has no victims and is passive. The SJC?s 4-1 ruling rejects Bristol District Attorney Samuel Sutter?s efforts to detained anyone charged with illegally possessing a gun prior to trial in his jurisdiction. Massachusett?s high court heard the case because a lower court would not allow Sutter to hold several people on gun charges for 90 days. The court's majority noted that the crime is not included in law 58A, which lists the charges that should come with a dangerousness hearing...continue to full post

Full post as published by Boston Criminal lawyer Blog on May 06, 2009 (boomark / email).

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