Author Topic: Lil Wayne could face one year jail sentence  (Read 936 times)

Elano

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Lil Wayne could face one year jail sentence
« on: October 23, 2009, 11:24:40 PM »
Rap superstar Lil Wayne is prison-bound after taking a surprise -- and surprisingly docile -- gun possession guilty plea this morning in return for a promise of one year behind bars.

The Grammy-winning superstar has performed across the globe, pulling in tens of millions per tour. But he'll be spending most of 2010 in an upstate cage -- thanks to the .40-caliber Springfield Armory semi-automatic cops confiscated from his pot-smoke-infused tour bus after a concert two years ago at the Beacon Theater.

For all his violence-laden lyrics, his guilty plea -- taken shortly after 10 a.m. by Manhattan Supreme Court Justice Charles Solomon -- was utterly well-mannered, peppered with polite "Yes, sir's" and "No, sir's."

Had he risked going to trial and been convicted of the original top charge of outright possession, he'd have been hit with the mandatory minimum of 3 1/2 years prison under New York's stringent gun laws.

Lead prosecutor Joan Illuzzi-Orbon said her office agreed to let Lil Wayne plead down to attempted possession after considering the "mitigating circumstances" of the case.

The prosecutor didn't elaborate. But celebrity defense lawyer Stacey Richman has repeatedly complained that the gun actually belonged to another, uncharged associate of the rapper who was on the bus and was willing to accept responsibilty for it.

Lil Wayne appeared to still be sensitive on the topic of taking the rap for a gun he insists wasn't his own.

Asked by the judge if he was voluntarily pleading to having "exercised dominion or control" over the unlicensed weapon, the rapper paused.

"Yes, I did," he said. "Dominion."

The judge pressed the rapper. "Did you have dominion or control over this weapon -- and that's really what possession is."

"Yes, sir," came the rapper's grudging, but polite, reply.

Lil Wayne's lawyer has also complained that prosecuotrs used faulty forensics in linking Wayne to the gun.

A tiny handful of cells -- anywhere from two to 16, visible only via microscope, all presumably sloughed off skin cells -- were swabbed off the grip and trigger and matched to Lil Wayne's own genetic profile.

In fact, before taking his surprise plea, Lil Wayne had been slated to spend today and tomorrow before the same judge, listening to both sides argue over whether such a small sample of genetic material can be accurately amplified for testing -- and whether loose skin cells on a particular surface prove anything anyway.

Prosecutors, meanwhile, were poised to insist that the so-called "Low template DNA" testing of minute samples has been used around the world beginning in 1999-- including being accepted as evidence in New York City 43 times.

The sides were still reluctant yesterday to set aside their differences on the issue == even though Lil Wayne's plea made the matter moot.

"It's the defense contention that this is still a dangerous technique," Richman announced. "It's dangerous to all the citizenry of New York."

Countered the prosecutor: "The people stand by this procedure."

The tattooed, New Orleans-based performer is due back in court for a pre-sentencing proceeding on Dec. 15, at which time a precise February sentencing date will be set by the judge.

The rapper, born Dwayne Carter, won last year's best rap solo performance Grammy for "A Milli." His albums include "Tha Carter," "Tha Carter II" and "Tha Carter III."
 

Elano

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Re: Lil Wayne could face one year jail sentence
« Reply #1 on: October 23, 2009, 11:27:12 PM »
Lil Wayne's New York Arrest: What Happened That Night?

July 22, 2007 was shaping up to be a memorable night for hip-hop. Lil Wayne's career was on fire: The underground buzz that exploded with the #1 debut of Tha Carter III the following year was on full boil. He was about to take the stage at New York's Beacon Theatre for his first headlining gig in the city that spawned hip-hop. A NYC appearance for Weezy was a rare event, but for those who'd been following the 25-year-old's musical career for years, the Beacon show felt like a coronation.

Wayne was gigantic throughout the South via his guest appearances and mixtapes, but he hadn't yet had the chance to see how much the Big Apple fans loved him up close. A sold-out Beacon roared as Wayne, taking the stage in a vintage Run-DMC T-shirt (which, as is almost always the case during his shows, would soon be removed) electrified the crowd with underground bangers and hits like "Hustler Musik." The crowd knew the night would be unforgettable.

However, it would be unforgettable for reasons nobody anticipated: Wayne was arrested after the show, and that arrest saw him pleading guilty to attempted gun possession earlier this week — a plea that, under New York's tough gun laws, is likely to get him a year-long prison sentence.

Outside the theater before the show, it was like an awards-show red carpet. Rappers Juelz Santana and Jim Jones from the Diplomats stood around waiting to get in, while Ja Rule and Irv Gotti chilled in Maybachs. Kanye West was said to be on his way to the venue, as was DJ Khaled.

The welcoming committee for the rappers, however, was not so glamorous. Police refused to let the Diplomats wait in the backstage area before they performed with Wayne. Mounted police rode up to the rappers and their entourages and almost physically ushered them down the block. Wayne himself had to go through a metal detector and be patted down by police before entering the building for his own headlining show.

Santana and Jim Jones fumed in a parking lot while they waited for wristbands to gain admission. "Somebody tell Jim Jones he's not getting in under any circumstances," one policeman was heard saying.

Jones eventually wound up leaving while Juelz stayed, later taking the stage as a surprise guest. But the excitement of many of the performers who were there to support Weezy was dampened by the actions of the security team at the venue. "Going into the show, I felt like I was going to prison," DJ Khaled told MTV News this week.

Video footage shows Wayne with a visible look of disgust on his face while getting frisked by police. Cash Money's Birdman also had a rough time entering. Wayne threatened to leave, but didn't want to disappoint his fans. He said during the concert that the Big Apple wouldn't be getting too many more of his shows (although he has performed New York-area gigs twice since then).

"I just went through the worst f----in' feelin ever with y'all police," he said from the stage with a look that mixed disappointment and disgust. "This may be one of the only times you see me because of how they treated me."


Eventually, Wayne's anger would cool down and his energy would be channeled into igniting the stage. Besides hitting the crowd with his own records, Wayne treated them to a surprise guest spot from West, who came out to a deafening roar for "Can't Tell Me Nothing." Other guests, including Santana, Khaled and Ja Rule, were also well received.

"My take? Lil Wayne brought me out on that show," Khaled recalled to MTV News this week. "He let me open and he brought me out on 'We Taking Over.' The show was amazing, the fans were amazing, they went crazy. I went crazy because it was Wayne and Kanye. And Wayne was ripping it down, doing freestyles. I don't think Wayne performed that many times in New York, so that's special, too. I was a fan behind the scenes, seeing the best MC in the world."

The crowd's reaction was ecstatic, and the show would garner acclaim from critics in reviews the next day.

However, shortly after the show, Wayne's tour bus was pulled over just blocks from the theater. Police claim to have smelled marijuana emanating from the bus as it left the venue and arrested him at approximately 11:30 p.m.

The bus was pulled over and when authorities entered and walked to Wayne's room in the back, they claimed to have seen him throw a Louis Vuitton bag with the .40 caliber gun to the floor — a claim Wayne's lawyer would deny.

"He [Wayne] was in the bus in his boxer shorts with a number of other people," his lawyer, Stacey Richman told MTV News. "Unless his boxer shorts had a pocket for this gun, I don't understand how he had it on him."

Just an hour before Wayne's bus was stopped, Ja Rule had his Maybach pulled over for speeding and was arrested as well when police found a .40-caliber handgun in his car during a search. (Rule declined to comment on the incident for this story; Richman is also representing Ja in his case, which is still working its way through the legal system.)

More than two years later, Wayne's arrested would condemn him to a prison sentence (of which he is expected to serve eight to 10 months). On Thursday, Wayne entered a guilty plea to a class "D" violent felony of attempted criminal possession of a weapon in the second degree. Arguing all along that the gun did not belong to him — it was legally registered in Mississippi to the rapper's manager, Cortez Bryant — and that it was not in his possession when police boarded the bus, Wayne's plea specified that the gun was within his "dominion or control," which means that it was available to him for use, but was not being brandished in a threatening manner.

This week, performers talked with MTV News about the tough security around the show and how the atmosphere affected them, and Wayne.

"Leaving the Beacon was weird for me," Khaled said. "I felt like [police] was just watching everybody. It didn't feel right. Everybody was backstage, undercovers, I heard Ja Rule got pulled over. And nobody was doing anything wrong. That's why I didn't really understand it. Me, I didn't leave from backstage. I left with the crowd. When I was leaving, I was hearing all this stuff about people getting pulled over. I feel hip-hop is a target for no reason right now."

"I remember that day, a couple of people got arrested, I got pulled over," Santana told MTV News this week. "They followed me uptown. You can't just go and try get n---as for no reason. Say a n---a did have a gun. We're on defense. By the time somebody tries to [do something to me] and [the police] get to me, I'm just explaining the story. That's the position we in. C'mon. The people that's trying to get us are looking out to see when the police aren't there," he said.


Wayne took the stage that night hoping to show fans and fellow MCs in the birthplace of hip-hop how he'd earned the self-anointed title of "the greatest rapper alive." And, onstage, he did. But now facing up to a year in prison, Wayne also proved that fame, money and adulation are no shield from the law, no matter what your skills on the mic.

"I think it speaks of him that he's an individual with a strong constitution that he took that responsibility," Richman said on Thursday after Wayne's plea.
 

Elano

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Re: Lil Wayne could face one year jail sentence
« Reply #2 on: October 24, 2009, 02:38:46 AM »
Why Is Lil Wayne's Sentence So Severe?
New York's tough gun laws are more stringent than those of other states.

Lil Wayne couldn't have picked a tougher state to face a gun charge than New York.

The rapper entered a guilty plea in a Manhattan court on Thursday (October 22) as part of a deal that will see him be formally sentenced to one year in prison (although it seems likely he'll serve eight to 10 months). Wayne pleaded guilty to a class "D" violent felony of attempted criminal possession of a weapon in the second degree; the charges stem from a July 2007 arrest.

Had the rapper not struck a deal with prosecutors, he could have been looking at a mandatory minimum of three and a half years in prison if he was found guilty by trial.

It's worth noting that the minimum sentence was raised in 2006 after the New York Legislature passed a bill that increased the mark at the behest of New York City Mayor Michael Bloomberg. New York's then-Governor George Pataki signed the changes into law. As a result, according to New York-based attorney Scott Leemon, hardline sentencing laws were now in place for offenders like Lil Wayne whether they actually planned to use the gun or not.

"Basically, the old law required someone to have a loaded weapon and intend to use it [before] the mandatory minimum would kick in," Leemon told MTV News. "And basically, what they did is they took that out of the law. So the mere possession of a loaded weapon in New York State is a felony."

In essence, if you're unlawfully holding a weapon or if you plan to shoot someone, the starting point for punishment is the same.

"That's why you should not have a gun in New York," Leemon advised.

The lawyer — who in the past has represented 50 Cent, Tony Yayo and Remy Ma — called the current laws "draconian."

"If this happened in one of the other states, maybe down South or out West, where gun possession is normal and custom, it would be treated a lot differently. In some states this would be a simple probation-type case."

In rural areas, for instance, where hunting is more prominent, permits aren't necessarily needed to purchase some types of firearms. But in more urban-leaning locales such as New York, the requirements are much more stringent. Gun laws vary from state-to-state; in New York illegal gun possession is classified as a felony; in Oregon the same offense could result in a misdemeanor charge, according to their state legislature statutes.


Former NFL star Plaxico Burress is another celebrity who learned firsthand how strict New York gun laws are. The New York Giants player was sentenced to two years in prison following his own plea deal last month and was taken into custody immediately. His case, however, was different than Lil Wayne's in that Burress' weapon discharged, and Mayor Bloomberg publicly called for the onetime All-Pro to be prosecuted to the fullest extent of the law.

The attorney representing Wayne, Stacey Richman, spoke to MTV Newsfollowing her client's court appearance and explained that the rapper was able to receive a lesser sentence because he did not own up to gun possession, but to attempted gun possession, a lesser rap. The difference has to do with Wayne not having the firearm within his "dominion," or essentially his direct possession. Instead, as he entered his plea in court, Wayne emphasized that the gun was near him and Richman commended the rapper for taking responsibility.

"After ongoing negotiations, he opted to take the deal to take responsibility for the situation and I think it speaks of him, that he's an individual with a strong constitution, that he took that responsibility," she said.

Both Richman and Leemon strongly advised non-New York residents against carrying guns while visiting the Empire State. Leemon noted that it is virtually impossible for residents to obtain a permit to carry a gun legally unless one is a retired police officer or one of the few security firms who are insured to carry licensed firearms. Richman said many people don't know about New York's harsher laws.

Still, she said being uneducated should not be an excuse, and in light of Wayne's upcoming sentencing it should now no longer be an overlooked error.

"I don't think that people outside of our state are aware of our gun laws," she said. "Ignorance of these laws is no defense."
 

Leggy Hendrix

Re: Lil Wayne could face one year jail sentence
« Reply #3 on: October 24, 2009, 02:40:54 AM »
the title of the thread was enough for me, aint reading all that lol...i know people saying this is all a big conspiracy and whatever blah blah blah, but if he's accepted a plea bargain aint that a big enough admission of guilt? at least we wont hear his whiny voice for 12 months... 8)


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dude im baning you mother over here in eu. but im not a white,brown,black,yellow etc. im your nightmare
 

MediumL

Re: Lil Wayne could face one year jail sentence
« Reply #4 on: October 24, 2009, 02:50:04 AM »
the title of the thread was enough for me, aint reading all that lol...i know people saying this is all a big conspiracy and whatever blah blah blah, but if he's accepted a plea bargain aint that a big enough admission of guilt? at least we wont hear his whiny voice for 12 months... 8)

wrong. We'll get a load of mixtapes of all the music he thought was too shit to be released before. Which means there's gonna be some horrible music on the way  :laugh:
<a href="http://www.youtube.com/v/DjGVAwyb454" target="_blank" class="new_win">http://www.youtube.com/v/DjGVAwyb454</a>
 

Elano

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Re: Lil Wayne could face one year jail sentence
« Reply #5 on: October 24, 2009, 03:23:53 AM »
but if he's accepted a plea bargain aint that a big enough admission of guilt? at least we wont hear his whiny voice for 12 months... 8)

Wayne had previously pleaded not guilty to the charges, which were filed after the NYPD found a .40 caliber handgun on Wayne’s tour bus in July 2007. But after the court ruled that DNA evidence found on the gun would be admissible — evidence obtained by techniques Wayne’s lawyer Stacey Richman has called problematic — Wayne opted to take the plea bargain, AllHipHop reports. If Wayne was found guilty following the trial, which was set for January 2010, the charges carried a three-and-a-half year sentence.
 

Leggy Hendrix

Re: Lil Wayne could face one year jail sentence
« Reply #6 on: October 24, 2009, 03:27:47 AM »
but if he's accepted a plea bargain aint that a big enough admission of guilt? at least we wont hear his whiny voice for 12 months... 8)

Wayne had previously pleaded not guilty to the charges, which were filed after the NYPD found a .40 caliber handgun on Wayne’s tour bus in July 2007. But after the court ruled that DNA evidence found on the gun would be admissible — evidence obtained by techniques Wayne’s lawyer Stacey Richman has called problematic — Wayne opted to take the plea bargain, AllHipHop reports. If Wayne was found guilty following the trial, which was set for January 2010, the charges carried a three-and-a-half year sentence.

fingers crossed he gets 3 and a half years then...if thats the point your trying to make...but if he accepted the plea then it aint going to court, and hes getting a year inside? either way it cant be a bad thing... :D


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dude im baning you mother over here in eu. but im not a white,brown,black,yellow etc. im your nightmare
 

Elano

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Re: Lil Wayne could face one year jail sentence
« Reply #7 on: October 24, 2009, 03:50:45 AM »
but if he's accepted a plea bargain aint that a big enough admission of guilt? at least we wont hear his whiny voice for 12 months... 8)

Wayne had previously pleaded not guilty to the charges, which were filed after the NYPD found a .40 caliber handgun on Wayne’s tour bus in July 2007. But after the court ruled that DNA evidence found on the gun would be admissible — evidence obtained by techniques Wayne’s lawyer Stacey Richman has called problematic — Wayne opted to take the plea bargain, AllHipHop reports. If Wayne was found guilty following the trial, which was set for January 2010, the charges carried a three-and-a-half year sentence.

fingers crossed he gets 3 and a half years then...if thats the point your trying to make...but if he accepted the plea then it aint going to court, and hes getting a year inside? either way it cant be a bad thing... :D

yes,if he's "lucky" he will spend from 8 months to 1 year in jail insted of 3 or more. from what i've read he can't avoid the minimum term,so YES we can celebrate  ;D
 

Chamillitary Click

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Re: Lil Wayne could face one year jail sentence
« Reply #8 on: October 24, 2009, 08:25:51 AM »
he's not going to jail.

he is the top name in the music industry today & loved by 90% of the world.
 

west koasting

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Re: Lil Wayne could face one year jail sentence
« Reply #9 on: October 24, 2009, 08:41:44 AM »
like a lolipop
Bullets aint got no names
 

Elano

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Re: Lil Wayne could face one year jail sentence
« Reply #10 on: October 24, 2009, 09:43:29 AM »
he's not going to jail.

he is the top name in the music industry today & loved by 90% of the world.

*New York's tough gun laws are more stringent than those of other states.

*Lil Wayne couldn't have picked a tougher state to face a gun charge than New York.

and LMFAO @ loved by 90% of the world
 

Þŕiņçë

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Re: Lil Wayne could face one year jail sentence
« Reply #11 on: October 24, 2009, 09:54:25 AM »
Hes famous he aint gonna do no time. Hes gonna go to a little cell and watch some tv for a few days then get out.
 

Elano

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Re: Lil Wayne could face one year jail sentence
« Reply #12 on: October 24, 2009, 10:01:22 AM »
Hes famous he aint gonna do no time. Hes gonna go to a little cell and watch some tv for a few days then get out.

Even T.I. is famous,or Polanski....famous people can go to jail
 

Chamillitary Click

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Re: Lil Wayne could face one year jail sentence
« Reply #13 on: October 24, 2009, 10:02:26 AM »
Hes famous he aint gonna do no time. Hes gonna go to a little cell and watch some tv for a few days then get out.

Even T.I. is famous,or Polanski....famous people can go to jail

neither are on Wayne's level of stardom.
 

Elano

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Re: Lil Wayne could face one year jail sentence
« Reply #14 on: October 24, 2009, 10:30:25 AM »
Hes famous he aint gonna do no time. Hes gonna go to a little cell and watch some tv for a few days then get out.

Even T.I. is famous,or Polanski....famous people can go to jail

neither are on Wayne's level of stardom.

are you kidding me ? you might be right for t.i. but not for roman motherfuckin polanski