HomeLatest ThreadsGreatest ThreadsForums & GroupsMy SubscriptionsMy Posts
DU Home » Latest Threads » Forums & Groups » Topics » Justice & Public Safety » Gun Control & RKBA (Group) » Shaneen Allen, victim and...

Sat Dec 20, 2014, 03:07 PM

Shaneen Allen, victim and hero

Allen, who was stopped for a routine traffic violation on the Atlantic City Expressway, was arrested after voluntarily telling a state trooper that her purse contained a legally registered .38-caliber Bersa Thunder handgun.

...

In August, Allen's attorney, Evan Nappen, filed a motion to have the charge dropped, but it was denied by Superior Court Judge Michael Donio. The judge's ruling provided Nappen with a kind of primer on "how things are done here in Atlantic County" with regard to such arrests vs. other parts of the state, where more leniency might be offered to first-time offenders such as Allen.

Nappen argued that Allen (a 27 year old single mother of 2) "should not be turned into a felon and sent to state prison and have her life destroyed because she made a mistake and committed a victimless crime."

...

Gun-law advocates, anti-domestic-violence groups, and others attempted to draw parallels between McClain's perceived leniency for NFL star Ray Rice, who was allowed to enter a pretrial-intervention program in an attack on his then-fiancee in Atlantic City, and his hard-line stance in the Allen case.


The Atlantic County Prosecutor's Office announced this past September it is offering to Ms Allen the opportunity to be admitted into the pretrial intervention program. This after: "The resulting clarification to the 2008 directive (the Graves Act) is a reasoned and considered effort to ensure consistent treatment of similarly situated defendants throughout the state," according to the Attorney General's Office statement.

About damn time! If not for Ms Allen's courage and the support of others, this review by the AG's office and the consultation with all 21 county prosecutors would never have happened.

Progressives are known for their pursuit of freedom, justice and truth.

6 replies, 1279 views

Reply to this thread

Back to top Alert abuse

Always highlight: 10 newest replies | Replies posted after I mark a forum
Replies to this discussion thread
Arrow 6 replies Author Time Post
Reply Shaneen Allen, victim and hero (Original post)
discntnt_irny_srcsm Dec 2014 OP
Doctor_J Dec 2014 #1
Politicalboi Dec 2014 #2
sarisataka Dec 2014 #3
discntnt_irny_srcsm Dec 2014 #4
NYC_SKP Dec 2014 #5
discntnt_irny_srcsm Dec 2014 #6

Response to discntnt_irny_srcsm (Original post)

Sat Dec 20, 2014, 03:17 PM

1. lawyers - should she have remained silent at the side of the road, rather than

 

volunteering that she had a concealed weapon?

Reply to this post

Back to top Alert abuse Link here Permalink


Response to Doctor_J (Reply #1)

Sat Dec 20, 2014, 03:30 PM

2. Maybe her license was in her purse

 

And if she opened it in front of the cop, it could have turned bad fast.

Reply to this post

Back to top Alert abuse Link here Permalink


Response to Doctor_J (Reply #1)

Sat Dec 20, 2014, 03:34 PM

3. A person must know

the laws in their state in any state they travel well carrying a gun.
In many states you are required to tell the officer if you are armed; failure to do so would be a crime. In other states informing is optional.

Reply to this post

Back to top Alert abuse Link here Permalink


Response to Doctor_J (Reply #1)

Sat Dec 20, 2014, 04:07 PM

4. I'm not a lawyer

http://blogs.findlaw.com/blotter/2014/07/mom-tells-nj-officer-she-has-a-gun-faces-prison-for-gun-charge.html

Some states require that licensed handgun holders inform an officer immediately upon being detained that they have a firearm. Pennsylvania law doesn't require proof of legal permit for a weapon unless lawfully demanded by an officer. Neither does New Jersey.


I live in NJ and I know about the laws and I know NJ has no reciprocity for CC permits from other states. But, if I were in Allen's shoes with my current level of maturity, I'd have done the same thing. Her firearm and ammo is self-evident to an officer rather than dependent on the officer's belief in an account from a third party. NJ has laws against both carrying without a NJ permit and having hollow-point ammo anywhere other than a locked container. IMHO doing anything other than being entirely candid with the police about what is evident by observation/inspection can undermine your credibility and possibly lead to your being perceived as a threat.

Again, IMHO, Ms Allen should have known the NJ laws and should not have been in possession at all but, given the circumstances, her choices were spot on. I'm not sure I'd have done as well at 27.

Reply to this post

Back to top Alert abuse Link here Permalink


Response to discntnt_irny_srcsm (Original post)

Mon Dec 22, 2014, 11:41 AM

5. A reasonable application of the law and the ability of it to bend.

 

Hell, if Ray Rice can get a break for an act of physical violence with an actual victim, this woman should get at least as much consideration for her ignorance of local law.

Reply to this post

Back to top Alert abuse Link here Permalink


Response to NYC_SKP (Reply #5)

Mon Dec 22, 2014, 02:12 PM

6. It's such a cliche...

..."Ignorance of the law is no excuse." BUT many states have a PTI program (or equivalent) and, in light of the many state and federal minimum sentencing guidelines, should there not also be minimum standards for them? Should those standards completely exclude or narrow the eligibility regarding defendants charged with violent crimes? Shouldn't almost all non-violent offenders be automatically eligible?

IMHO at a minimum, Rice and others with similar charges ought to restricted to a facility somewhere until professional treatment and evaluation determines their issues to be improved and manageable. That should be the minimum required for any release/parole/probation/pardon/program. How misguided and unjust is even the idea that Allen's mistake deserves a mandatory 3 years in state prison while Rice can get counseling and have his record cleared?

http://espn.go.com/espn/otl/story/_/id/11514871/judicial-figures-show-ray-rice-deal-offered-rarely

Rice's defense attorney, Michael J. Diamondstein of Philadelphia, applied for and was granted pretrial intervention for Rice, a remedy that allows defendants to avoid conviction if they complete a court-ordered set of requirements. According to New Jersey's pretrial intervention website, PTI is used in criminal cases that don't involve "violence" and for "victimless crimes."

The data obtained by "Outside the Lines" indicate the outcome Rice received is extremely rare.

In 2013, for example, 15,130 domestic violence cases made their way through the New Jersey court system. Of those, 3,508 involved some level of assault. Of those, 30 cases -- less than 1 percent -- wound up with pretrial intervention as the outcome (496 domestic assault cases from 2013 were unresolved).


New Jersey's message to women is clear: when you're attacked and robbed, don't buy a gun; when you're beaten unconscious by a boyfriend, we'll drop the charges against you to be nice and let your partner off with a warning so you can marry him as you're supposed to.

I'd have to huff glue for a week just to be able make up crazy stuff like that.

OTOH the township sent me a postcard yesterday to remind me about renewing my dog license by 31 January. I'm sure failure to do so would involve some serious fines and get my dog impounded and possibly euthanized. Luckily I'm not in Atlantic County or I'd could be headed upstate.

Reply to this post

Back to top Alert abuse Link here Permalink

Reply to this thread