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Judge orders curfew, GPS for Roslindale woman on gun charges after questioning what she was doing in Franklin Field

A Dorchester Municipal Court judge today continued a Roslindale woman's $10,000 bail on gun charges, but also ordered her to wear a GPS device, be home by 7 p.m. every night and to stay away from the Franklin Field area following her arrest there shortly after 4 a.m. on Saturday.

Ayanna Smith, 40, was arraigned this morning on charges of unlawful possession of a firearm, unlawful possession of ammunition and carrying a loaded firearm after an incident outside 70 Ames St.

Boston Police report officers responding to a call about gunfire found Smith walking with some other women. Smith tossed "a black metal object under a parked car as they approached" - which turned out to be a loaded gun, police say. An assistant Suffolk County District Attorney said today the gun was a cocked, .22-caliber semi-automatic weapon loaded with five rounds.

Dorchester Municipal Court Judge Jonathan Tynes asked her attorney, "what was she doing on Ames Street at 3:45 in the morning?"

Her lawyer said she was out celebrating the Caribbean Carnival with some friends. Tynes then asked, "She lives in Roslindale?"

"She lives in Boston, your honor," the lawyer responded.

"What part of Boston?" the judge pressed.

"Roslindale," the lawyer acknowledged.

In addition to the bail, the curfew and the GPS requirement, Tynes also ordered her to stay at least 1,000 feet away from 70 Ames St. until her case is resolved.

Innocent, etc.

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Comments

It's not there anymore.

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Thanks for letting me know.

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Seems like that should be much higher for someone carrying a loaded illegal firearm - hope she also gets at least 5-10 for it.

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This is how it goes. Short bail, curfew and bracelet for someone with a fire arm. But get caught with a pound of pot they lock you up and throw away the key. It'd be funny if it weren't so fucked up.

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So, here is it, from here-

Bail is Not a Form of Punishment

It’s important to remember that the amount of bail set does not indicate a defendant’s innocence or guilt, merely that they appear in court. However the severity of the crime may play into the determination of whether the defendant will appear in court.

The bail magistrate sets bail. In Massachusetts, when a person is arrested and taken to the police station, they can ask to be released overnight or when courts are closed on bail by a bail magistrate. Judges can also set bail in court.

A bail magistrate is a public officer with limited judicial authority. After reviewing the facts of an arrest, the bail magistrate decides whether or not a defendant is likely to appear in court on their scheduled court date.

The bail magistrate’s only job is to set bail. It is not the bail magistrate’s job to determine whether or not a defendant is guilty or not guilty—that’s for a judge or jury to decide.

The bail magistrate reviews the defendant’s record, and decides whether or not a defendant should be released from jail before their scheduled court date. The bail magistrate determines if the defendant will be released on either personal recognizance or cash bail. Every court case is unique. Whether or not the court releases a defendant on personal recognizance or cash bail depends on many factors.

Bail Release Types: Personal Recognizance and Cash Bail

A defendant can be released on two different types of bail: on personal recognizance, or after posting cash bail.

Personal recognizance means that the court will release a defendant from jail on their word or promise to appear on their scheduled day and time in court.

Cash bail. If the bail magistrate decides that the defendant may not appear in court on their scheduled court date, they may decide whether or not a cash bail would make the defendant more likely to appear in court in the future.

The Process: How Bail is Set

Determining factors. When first setting bail, the bail magistrate considers the type of crime the defendant is accused of committing and the potential penalty, or sentence, for that crime. The bail magistrate will also determine if the defendant:

• is a flight risk

• has a Board of Probation (BOP) record or other criminal records

• has a history of defaults – in other words, if the defendant has a history of not showing up when they’re supposed to be at court

The bail magistrate will also take into account whether or not the defendant is:

• on probation or parole, or has other open cases

• from the area or has family in the area

• employed

You are confusing that with sentencing. And trafficking is considered to be a serious offense.

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The night prior to the parade is often one of violence and Boston Police with the community did a great job this year to be much safer than last years 4 shootings and 6 stabbings.

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"Her lawyer said she was out celebrating the Caribbean Carnival with some friends."

Wasn't there an argument earlier about how one can't associate this parade with firearm violence?

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And the lawyer will also claim the gun was not hers.

I think the other side of the argument would note that of the tens of thousands of parade goers, an easy 99% are peaceful, law abiding citizens. Pick another large event like this (say, the Evacuation Day celebrations in March), toss out the fourth amendment, and you will be able to find a few people packing heat illegally.

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I can understand wanting a gun in your house for protection, but WTF good can possibly come from walking around in the early morning with a loaded, cocked gun? And she's no kid either.

Is the answer always "drugs"?

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I might be reading too much into this. Was the emphasis on Roslindale as pronounced as it seems here, and if so what is the relevance?

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Which is why I made a point of it. I think the judge didn't think a Roslindale resident belonged on that Dorchester street at 4 in the morning without being up to no good, is what the deal was.

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