mrags Posted August 20, 2009 Share Posted August 20, 2009 I could be wrong but I think ive heard somewhere that discharging a loaded weapon is guaranteed prison time. Im sure the illegal/unregistered gun is part of it. But that could be reduced to a much lesser charge. The fact that the gun was fired (accidentally or not) was pretty much going to automatically send Plax to prison for a minimum of a certain time frame. I dont think there is any way around that in NYC or any other City. Thats why I think robbery is different from armed robbery. Not sure. Whos a lawyer? Link to comment Share on other sites More sharing options...
Mr. WEO Posted August 20, 2009 Share Posted August 20, 2009 Well, I've had civil and criminal cases both upstate and downstate in New York, but you're right, I'm not criminal defense attorney in NYC. But my point wasn't to argue what the law is, but instead how the game is played. Prosecutors have unbridled discretion; and in a city like New York, the prosecutors aren't going hard on the "top charges" all of the time. It's easier to get a guy on a gun charge but plead it down quickly. Burress suffered a worse fate here because he was famous, Bloomberg got involved, and they wanted to make an example of him. The DA did try to plead it down. Burress refused to take the deal. After he confessed to all crimes in front of a grand jury, he realized he was being offered a better fate (NOT worse) than he would surely have suffered after being found guilty at trail and where the judge has far less discretion re: sentencing. Link to comment Share on other sites More sharing options...
KD in CA Posted August 20, 2009 Share Posted August 20, 2009 Well, I've had civil and criminal cases both upstate and downstate in New York, but you're right, I'm not criminal defense attorney in NYC. But my point wasn't to argue what the law is, but instead how the game is played. Prosecutors have unbridled discretion; and in a city like New York, the prosecutors aren't going hard on the "top charges" all of the time. It's easier to get a guy on a gun charge but plead it down quickly. Burress suffered a worse fate here because he was famous, Bloomberg got involved, and they wanted to make an example of him. I completely agree that Burress' goose was cooked as soon as Bloomberg opened his mouth, and have posted in previous threads about this case having implications on the coming election for a new Manhattan DA. However, I find the initial assertion that a no-name guy would have just been let go with probation for firing a gun in a crowded club to be off base. Link to comment Share on other sites More sharing options...
Captain Caveman Posted August 20, 2009 Share Posted August 20, 2009 The DA did try to plead it down. Burress refused to take the deal. After he confessed to all crimes in front of a grand jury, he realized he was being offered a better fate (NOT worse) than he would surely have suffered after being found guilty at trail and where the judge has far less discretion re: sentencing. This is all getting a little confusing. The plea-down offered before the grand jury = 2 years. The plea deal he accepted = 2 years. Minimum mandated sentence when convicted of possession of an unregistered handgun in NYC = 3.5 years I think what JR was getting at is that if he weren't Plax, the plea deal may have been lighter. I tend to disagree, since the case was about as solid as anyone will ever find, but I can see his point (especially if Plax had not shot himself in the proverbial foot and literal butt.) Link to comment Share on other sites More sharing options...
DIE HARD 1967 Posted August 20, 2009 Share Posted August 20, 2009 What an idiot, he could have hung a few dogs and been back in 18 months Oh well, he was just trying to help the kids Link to comment Share on other sites More sharing options...
justnzane Posted August 20, 2009 Share Posted August 20, 2009 What an idiot, he could have hung a few dogs and been back in 18 months Oh well, he was just trying to help the kids sad but true. It is !@#$ed up that Vick and Stallworth got easier penalties for their crimes than Plaxico. and Plaxico only hurt himself. Seems like he should have had a shorter sentence imo Link to comment Share on other sites More sharing options...
Mr. WEO Posted August 20, 2009 Share Posted August 20, 2009 This is all getting a little confusing. The plea-down offered before the grand jury = 2 years. The plea deal he accepted = 2 years. Minimum mandated sentence when convicted of possession of an unregistered handgun in NYC = 3.5 years I think what JR was getting at is that if he weren't Plax, the plea deal may have been lighter. I tend to disagree, since the case was about as solid as anyone will ever find, but I can see his point (especially if Plax had not shot himself in the proverbial foot and literal butt.) Yes the deal was the same. The DA didn't make Plaxico testify before the GJ---he was advised to under the misconception that, in the process of admitting to the crimes he is charged with, the jury wouldn't indict him. These people are not very bright. Having hterefore obtained a confession under oath, there was no reason for the DA to hesitate to bring this sure winner to court. "Plax" got a huge break here. Theses are mandatory sentence crimes. Moaning and groaning about what Vick or Stallworth got misses the point and is a waste of time. PB certainly knew he was breaking the law by carrying the gun. He made a decision. Now he pays a (reduced) penalty. This has nothing to do with the DA race. Morgy's not running (he would have won again anyway) and the other candidates were not involved. Link to comment Share on other sites More sharing options...
bladiebla Posted August 20, 2009 Share Posted August 20, 2009 Sometimes America confuses the hell out of me, I mean you can kill a man by driving drunk and get away with 30 days in jail (Stallworth) or get 2 years for shooting yourself in your leg with an illegal gun that you could have gotten easily legaly. Link to comment Share on other sites More sharing options...
faderphreak Posted August 20, 2009 Share Posted August 20, 2009 Kill someone with your car while driving drunk...less than 30 days. Shoot yourself in the leg...years. Seems fair. The justice system in this contry is a joke. hehe you said justice. That is funny. It is not the justice system, it is the legal system. It has nothing to do with justice. It hasn't for years. Much like the Constitution our forefathers created when they founded this the country, the legal system they envisioned has been torn down and perverted for political power, financial gain, and the ability to control others. Nothing anyone on this board or any other venue can say will ever convince me otherwise. just my .02 Link to comment Share on other sites More sharing options...
justnzane Posted August 21, 2009 Share Posted August 21, 2009 Sometimes America confuses the hell out of me, I mean you can kill a man by driving drunk and get away with 30 days in jail (Stallworth) or get 2 years for shooting yourself in your leg with an illegal gun that you could have gotten easily legaly. yes, exactly Vick and Stallworth should have gotten stiffer penalties than Burress. Really, if you shoot yourself for your own stupidity, any prison time is salt in the wound... literally. Link to comment Share on other sites More sharing options...
WellDressed Posted August 21, 2009 Share Posted August 21, 2009 A most unfortunate outcome that I know none of us would ever want to receive. A twenty day stay in Atlantic County corrections in NJ was enough for me to get myself turned around. I can only hope that Plaxico will be able to handle the 600 day incarceration period, and that once he is released, his previous employer would be willing to offer him a job. It was a sad for the entire league and more importantly, his former teammates yesterday. Best of luck Plaxico. Since I don't pray, I just want you to know that I ain't praying for ya guy. Stay strong!!!! Link to comment Share on other sites More sharing options...
Sisyphean Bills Posted August 21, 2009 Share Posted August 21, 2009 He'd have gotten less time if he'd shot someone else. Or stabbed a couple people in LA. Link to comment Share on other sites More sharing options...
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