Posted on 02/21/2008 2:56:28 AM PST by Troubling Times
He’s got a 12 year old lying witness. You have three kids. You sent them home after he went for the sheriff, so they saw the confrontation. Are any of them old enough to act as counter-witnesses?
I was not there and am not a lawyer but....
If you carry - you must carry a cell phone and if you pull the gun the first thing to come out after the situation is over is the cell phone. Call 911.
If nothing else your run in with the cops would have been recorded.
I can understand your reaction. I'm one of those "if you pull it out use it" CCW types.
From what you related in your original post, and the attitude of your lawyer, I would definetly seek another lawyers opinion.
Pinging some on the Banglist...
save
All I can add to this, and I’m sure you already figured this out on your own, get a new attorney.
You have a bad attorney. Get yourself a new attorney. Keep looking for one that you think will work hard for you.
Get your case before a jury.
Get a lawyer who is competent on jury selection.
Get a lawyer that can help you post bail.
Go on with your life on bail and avoid any confronation whatsoever with anyone else.
Learn a Christian value to turn the other cheek, hang your head down and suffer. You will win with this belief.
In the meantime you will not have your gun.
Put off your fight with City Hall over the Dog Park. Get out of trouble first. The Dog Park has nothing to do legally with your case.
Wait for the jury to hear from your lawyer. Be silent and composed, at peace before the jury. If you have no history of provoking others and have no police record, your chance of acquittal is good. If convicted, you can appeal and have your conviction set aside on appeal.
You were a new CWP holder. You were scared.
Research crime stats in your area. Ponder deeply why you needed a CWP and gun in your area particularly.
You are protected by the 2nd Amendment to the point that you were able to own and keep a gun. But you are now in trouble over the use of that gun.
The jury needs to know:
1. You were scared of crime in your area and needed a gun for safety and defense.
2. You were attacked.
3. You were inexperienced with your CWP license.
4. You were able to stop the attacker without assault.
5. You have no past record of provoking or assaulting.
6. The attacker has a record.
Make sure your lawyer goes over the elements of proof that a prosecutor needs to present to convict you of the charges made against you.
The key is a good lawyer and controlling your emotions. Self-composure will allow your attorney to think he/she can help you/work with you. Control control control your emotions. No crusades, no speeches, just peace and composure. Pray every day and thank God for this trial and pray that He reveals to you the steps to take to be at peace and the lesson to be learned.
BTTT
I agree with that assessment. I have never been in quite this situation (thank God!) but I have been in situations where I was getting professional help and things weren't going so well. Friends said, "You're paying money to someone who isn't doing right by you. Find someone else."
Well, I was thinking, "They're a professional. They must know what they're doing." Wrong. I finally wised up and got someone else to help me. It was like night and day. I got a much better outcome -- the outcome I deserved.
Having a bad attorney can be the worst mistake of your life.
Perhaps you could post the Police report of your arrest?
Could you begin at the beginning, proceed to the middle and finish up at the end?
Right now all I understand is that you were arrested at a dogpark in some unnamed city after you and another patron exchanged words and you brandished your (legally) carried weapon.
Presumably you had proper orientation and training when you acquired your CCW and somehow did not follow your instructors advice or somehow managed to ignite a cascade of threat reactions from the local police.
Best regards,
Having been given and seen these types of 'plea or else' threats I can only offer support and hopes that 'Mr world- class a@@hole' isnt too well connected, and that you can bring some heat to the prosecutor in time...
But in any situation the CWP holder - if at all possible - should be able to relate his side otherwise my second amendment rights are useless.
Under these circs a true bad guy, knowing his target carries can just be in the same block with the CWP guy call in the bullshit story and have the deputies, hammer his target, arrest him, charge him and force him to plead or face mandatory minimum SIGNIFICANT state prison time of 3 years - 10 if they charge me with two counts which they did in their PC (probable cause filing - 20K bail $2000.00 gone to start - More later -
I’m curious about why you pinged me first.
I’m not a lawyer, but part of the problem seems to come from having a right reduced to a privilege as well as a paranoid police force.
Getting a new lawyer sounds like a good idea. Maybe others can help.
Prayer is the best and most I can offer.
Sigh.
Horrible situation.
Next time, pull the trigger.
Who is the other guy? Does he have some kind of clout with the police or city hall?
If I were you, and I’’m not an attorney, I’d fight it. Fire your attorney, get a new one. Let it come to court. I doiubt that the guys story and his kids will mesh, exposing him for the perjurer he is.
Thats good. It makes no sense to surrender. Dont make it eay for them to prosecute you. They want the easy way out, and you have alot to lose by gving in. At the very least, give them a real fight.
Hmmm... thanks for the reading.
I had scheduled myself to do some Bible reading just after having a small snack and looking at FR... Now I’m wondering if this qualifies? The message certainly resonates in my heart.
Some good advice already here. Most important items: Be at peace. Reconsider your choice of lawyer. Don’t make snap decisions. Pray - and listen for an answer.
The state attorney says he doesn't believe my attacker but finds his daughter the most credible. Which is interesting as she was completely out of view and her description of events completely false. Sigh.
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