PFT: Plaxico pleads guilty...to serve two years

[DallasEast]

http://i356.***BLOCKED***/albums/oo4/DallasEast1701/burresslegalities.png

http://iapps.courts.state.ny.us/webcrim_attorney/Detail?which=charge&docketNumber=03794-2009&countyId=30&docketId=4923977&docketDseq=2&defendantName=Burress,+Plaxico+A&court=New+York+Supreme+Court+-+Criminal+Term&courtType=S&recordType=C&recordNum=15419159

http://public.leginfo.state.ny.us/LAWSSEAF.cgi?QUERYTYPE=LAWS+&QUERYDATA=$$PEN265.03$$@TXPEN0265.03+&LIST=SEA5+&BROWSER=07900830+&TOKEN=29712259+&TARGET=VIEW

http://public.leginfo.state.ny.us/LAWSSEAF.cgi?QUERYTYPE=LAWS+&QUERYDATA=$$CPL120.20$$@TXCPL0120.20+&LIST=SEA7+&BROWSER=54124913+&TOKEN=57579793+&TARGET=VIEW

 

[maclevel]

No doubt Plax is a freaking idiot. But to say he deserves 20 months in jail because it's the law as some of you say then how in the hell does Donte Stalworth only get 30 days for drinking and running down and killing a man ? Please don't tell me that Plax getting 20 months is right if Donte gets 30 days. Also Ray Lewis is in a Limo where a man stabs to death another man and he gets a slap on the wrist ? I know he did not do the actual stabbing but he was present and the crime. Jamal Lewis gets caught money laundering and paying for kilos of coke and he gets to finish the season playing then report for 3 months ? Plax is a fool but no way does 20 months make any sense.

 

[PBJTime]

Two years is too much. I would rather our resources go to catching and putting away REAL criminals. Plaxico is the epitome of idiocy, no doubt, but the punishment doesn't fit the crime.

 

[GimmeTheBall!]

I am now hearing on the radio that Plax had a chance to plead out and accept a 2.5 month sentence much earlier in the process. He took his chances and things got worse for him.

So tell Temo my guess was not too far off 2.5 months. :laugh2:

I guess he was firmly wrong. :laugh2:

 

[GimmeTheBall!]

Two years is too much. I would rather our resources go to catching and putting away REAL criminals. Plaxico is the epitome of idiocy, no doubt, but the punishment doesn't fit the crime.

I agree wit you. Plaxico should be sent to a idiots camp. He is really a sad head case. but like a train crash we just cant turn away.

 

[hutru01]

Then ask the victims at Virginia Tech if they would have liked to enjoy the same benefits the rest of Virginia has to be able to carry

Now that one hit home for me. Very valid point.

 

[BourbonBalz]

He got a 2 year sentence. How is he going to be let off an easier than that? The mandatory sentence he would have gotten if convicted was 3 and a half years. He made what looks to be a reasonable deal.

Mandatory sentences aren't really mandatory. They're mandatory based on statutes. Plea agreements can be made (and usually are) that result in less time served than is "mandatory" by statute. Nothing out of the ordinary here. While I think Burress made a stupid mistake and did break the law, his was more of a crime of stupidity than anything else. I personally think the gun laws in N.Y. and other such places are ridiculous and even unconstitutional, but that's just my take on it. Two years in prison for shooting yourself is pretty harsh if you ask me.

 

[BourbonBalz]

Add NFL suspension to the time removed from the field.

No. The Commish has already said Burress will be reinstated as soon as he finishes serving his sentence.

 

[BourbonBalz]

How would that apply? He is not being told he does not have the right to own a hand gun. He just never registered the hand gun.

And even if he could somehow apply that case he would have already done it and not pled out.



Now that he has a felony charge on his record can he legally own a gun in the future?

I'm not 100% sure of this, but my understanding is that in N.Y. you CAN'T register a handgun because you can't own one. That's where the issue of constitutionality comes into play. I'm a BIG 2nd Amendment guy and think it's ridiculous for law abbiding citizens not to be able to own and carry a weapon (assuming you have the proper registration and carry permits, which again, to my knowledge don't exist in N.Y.).

 

[BourbonBalz]

8 months and he'll get parole out of the whole 24 months. If he did 4 months in jail while the proceedings where going on he would have been serving "dead time" and would have gotten out even quicker.

Can't remember if they consider "dead time" time and a half or double time served. He could have done that in the off season, finished his case up on a plea bargain and use that time against his sentence which may have already been time served as long as he could work out instant parole.

Plus the DA takes in consideration that time has already been served and therefore acceptable rehabilitation has been received. He would have been back playing next season and would have served the suspension Goodell would have brought down. He really believed he wasn't going to do any time at all. Apparently he was petrified of the thought of even doing a week.

I think you're wrong based on what I've heard. Everything I've heard and read indicates the time served was part of the plea agreement. In the Federal system, this is called a C Plea. It basically means you not only agree to plea guilty to a specific charge(s), but also to the time you will serve. Basically his sentence is already set and the only thing he can get is time off for good behavior, which is about 4 months in this instance. Again, based on what I've heard there will be no 6-8 months served and then out on parole.

 

[BourbonBalz]

How do you know he knew them?? He had a right to carry permit in FL, maybe he thought it carried over. That said, ignorance isnt a defense. He should have some kind of punishment, however, i dont think he should be even serving time, much less 20 months.

Again, it all comes down to these gun control freaks. DC/NY has the most strict gun laws out there, yet they're still the murder capitals of the world. Yeah...these laws are working.

Couldn't agree more. You outlaw guns, then the only people who have guns are the outlaws. Many of our politicians are braindead and only rally anti-gun crys to satisfy their idiot constituents who are also braindead regarding this issue.

 

[TellerMorrow34]

can he get out early on good bahavior?

Nope. It was explained that the absolute least amount of time he's going to spend is 20 months.

Just a point of reference here.

Drunk driving > carrying a loaded gun? I would say so.

Killing someone drunk driving - accidental shooting with a loaded gun

House arrest versus 2 years

Hmmmmmmmm.

I'm not saying it's morally right but you can't actually compare the two cause they happened in two different states with two different sets of people handling the cases.

Now had Stalworth killed someone in NYC, and the exact same guy was over the case against him, and he let him have 30 days for that and put Plax in for 20 months then, yes, there would be something to compare. It's impossible to compare the situations fairly in this regard though because it's two different lawyers and different states doing the stuff.

1. New York isn't Florida
2. Burress wasn't convicted of shooting himself

Those two things seem to be really flying over the heads of a lot of people.

1. I realize this but he did register the gun somewhere and did have a permit to carry somewhere, which is more than most people would realize about this case.

2. If he didn't shoot himself, this would not even be an issue and he would still be playing.

1. That doesn't matter. He was not registered in NYC. What I do in Oklahoma doesn't necassarily carry over to NYC and if I went there, and didn't bother to know, then it's my fault for being to stupid and/or lazy to find out ahead of time.

2. Quite possibly not. Cause he might have walked through there the whole night and no one even know that he had the gun. That's quite possible. However if he got caught with it, even if he didn't shoot himself, he's in trouble for being caught with it and not having the proper permits.

I firmly believe that had PB been Joe Six-Pack and was not rich, he'd serve a month and get out of jail.

Having said that, if convicted under those charges and under those guidelines et by law, his career is over. And for good reason.

Stupidity like Plaxico's could have killed an innocent person instead of just hitting his leg.

And you'd be wrong. NYC carries a mandatory 1 year sentence for this for Joe Six-Pack. If you were rich, and famous, like this you could take a plea before being indicted and maybe get less but Joe Six-Pack is getting a year at least.

"What you shoot says a lot about who you are. If you shoot animals, you're a hunter. If you shoot people, you're a mobster. If you shoot yourself, you're an idiot." - Colin Cowherd

One of the smartest, maybe the only smart thing, Cowherd has ever said.

So tell Temo my guess was not too far off 2.5 months. :laugh2:

I guess he was firmly wrong. :laugh2:

Actually, no. Your stance was Joe Six Pack would get a month. You'd be wrong and the fact that Plax was offered less, cause of his money and celebrity before being indicted on it, does not help your cause. The only reason he was ever offered such a thing is cause he has money and fame and they could have used that in other ways. If I recall correctly he had to perform like 1000 hours of community service, or something, with that deal and he didn't want to do any time AND he didn't want any community service either.

So you'd still be wrong. But you're welcome to try and prove your point right. You go be Joe Six Pack and break this law. Let us know if you get a month or two or if we'll only being hearing from you again a year from now.

I think you're wrong based on what I've heard. Everything I've heard and read indicates the time served was part of the plea agreement. In the Federal system, this is called a C Plea. It basically means you not only agree to plea guilty to a specific charge(s), but also to the time you will serve. Basically his sentence is already set and the only thing he can get is time off for good behavior, which is about 4 months in this instance. Again, based on what I've heard there will be no 6-8 months served and then out on parole.

Right. As I've seen it broken down the absolute minimum time he's going to be in jail is 20 months and thats only if he accumulates good behavior or he'll be doing the full 24.

 

[DallasEast]

I'm not 100% sure of this, but my understanding is that in N.Y. you CAN'T register a handgun because you can't own one. That's where the issue of constitutionality comes into play. I'm a BIG 2nd Amendment guy and think it's ridiculous for law abbiding citizens not to be able to own and carry a weapon (assuming you have the proper registration and carry permits, which again, to my knowledge don't exist in N.Y.).

Here you go:

New York State Legislature (LAWS) link--> http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS

Anyone can search to their heart's content. No one will find a New York State law which stipulates that any "law abiding New York state citizen" cannot "own and carry a weapon" after obtaining the "proper permits and registration".

Such a law would violate the Second Amendment of the United States Constitution. Any contention stating otherwise is a complete fabrication created by entities not associated with the State of New York government.

 

[DallasEast]

Those two things seem to be really flying over the heads of a lot of people.

You ain't just whistling Dixie, mister.

 

[Vtwin]

Citizens are allowed to carry guns. They just need the proper permits and to do it in the proper settings. Even with a permit they can't carry their guns into a place that serves alcohol among other places. They wouldn't allowed any body who is armed into a Federal building, either.

I think is a good debate of whether two years of prison time is too stiff a sentence. I do think it is too harsh. That doesn't change the fact he broke a law. Actually more than one law. He had a gun without a proper permit. He carried a gun into an establishment where guns are prohibited. He discharged a firearm in public. He initially concealed the crimes.

You can keep saying that over and over but it doesn't change the fact that some places, like NYC it is VERY difficult to get a permit.

New York is a restrictive "may issue" state. A carry and conceal weapon (CCW) permit may be issued to someone who can demonstrate a sufficient need. The required justification and issuing authority varies by county. The following steps do not apply to New York City, where it is virtually impossible to obtain a CCW permit.

http://www.ehow.com/how_2064614_get-permit-carry-concealed-weapon.html

 

[Vtwin]

Here you go:

New York State Legislature (LAWS) link--> http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS

Anyone can search to their heart's content. No one will find a New York State law which stipulates that any "law abiding New York state citizen" cannot "own and carry a weapon" after obtaining the "proper permits and registration".

Such a law would violate the Second Amendment of the United States Constitution. Any contention stating otherwise is a complete fabrication created by entities not associated with the State of New York government.

LOL

Of course they don't regulate that no one can own a gun. What they do is regulate the conditions in which a permit will be issued to the extent that only a very few can meet the standards.

This point seems to be lost to many here.

 

[TellerMorrow34]

And the point seems to be lost on many that if you're going somewhere that you feel the need to have a concealed weapon with you just to be safe then it's probably a good idea to not go there.

They can own guns. NYC just, like many other places, doesn't allow you to carry a concealed weapon anywhere and everywhere you go. And quite frankly if you're feeling the need to carry one while you're going out to a club, or a party with friends, then those are probably places you shouldn't go in the first place.

 

[Vtwin]

And the point seems to be lost on many that if you're going somewhere that you feel the need to have a concealed weapon with you just to be safe then it's probably a good idea to not go there.

They can own guns. NYC just, like many other places, doesn't allow you to carry a concealed weapon anywhere and everywhere you go. And quite frankly if you're feeling the need to carry one while you're going out to a club, or a party with friends, then those are probably places you shouldn't go in the first place.

I bet the three women killed and the others injured while working out at the gym in PA this week felt they they didn't need to carry a weapon.

How about the women shot and killed in one of the most restricted areas of the country ealier this year? They were shopping in a decent neighborhood outside of Chicago.

Now how could that have happened? Carrying a weapon is not allowed in that area. How could those women have been shot and killed?

 

[BourbonBalz]

Here you go:

New York State Legislature (LAWS) link--> http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS

Anyone can search to their heart's content. No one will find a New York State law which stipulates that any "law abiding New York state citizen" cannot "own and carry a weapon" after obtaining the "proper permits and registration".

Such a law would violate the Second Amendment of the United States Constitution. Any contention stating otherwise is a complete fabrication created by entities not associated with the State of New York government.

Yes, but obtaining the proper registration and permit is almost impossible for ordinary citizens from what I've heard and read. They're apparently onlg issued to P.I.s, body guards, etc. Again, that's the way I understand it to be.

 

[BourbonBalz]

And the point seems to be lost on many that if you're going somewhere that you feel the need to have a concealed weapon with you just to be safe then it's probably a good idea to not go there.

They can own guns. NYC just, like many other places, doesn't allow you to carry a concealed weapon anywhere and everywhere you go. And quite frankly if you're feeling the need to carry one while you're going out to a club, or a party with friends, then those are probably places you shouldn't go in the first place.

I've got news for you, this "day and age" you pretty much need to be armed anywhere you go. I'm not sure about you, but I don't want me or my family to be gunned down in a McDonalds, Mall, Wal-Mart, or just walking down the street. I know. I know. You'll say I'm just being paranoid. Well, say that to the hundreds of thousands of people that are attacked and/or murdered every year, sometimes for no reason other than they're simply in the wrong place at the same time.