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I'm our test case

hermannr

Regular Member
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Mar 24, 2011
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Okanogan Highland
The "common law" standard that "that which is not specifically prohibited is permitted" comes from English Common law. The best commentary on English Common Law was by this guy: http://en.wikipedia.org/wiki/William_Blackstone if you are interested.

Oh yes, by the way...when you sue them this lengthy prelim will only help you get more out of their pockets with you civil rights suit. Very easy to prove that their actions were deliberate.
 
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mustangkiller

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Sep 15, 2009
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I turned myself in today with bail money in hand. I was out 2 hours later. 1st court date is September 13 8am. Now they have me doing the pretrail bs. I gotta report for that before lunch tomorrow.
 

rushcreek2

Regular Member
Joined
Jun 27, 2010
Messages
909
Location
Colorado Springs. CO
Well done Mustangkiller. We now need a Paypal account , and particulars of actual charge(s).

I have swept my tracks pertaining to my comments and will post no further personal insights or observations on this subject other than through PM. Best to keep the "State " as much in the dark as possible in regards to their target's defensive direction of travel and strategy.


There is a very strong probability that someone is monitoring this thread.
I stand by my previous observations regarding the State's posture in this matter. Also they can use the criminal case to defend themselves against any potential civil action - for a time.
 

bob888

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Jun 14, 2012
Messages
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Location
Fairfax VA
In regards to Law Enforcement/DA monitoring these threads, it has been my experience that whenever a lawyer resorts to petty methods of winning their cases (like "demonizing" their opponents), they tend to have anything substantive beyond what they can work with within the confines of the law.

In fact, I have seen lawyers for debt collectors go after individuals with little more than heresay in a civil court and massive amounts of internet print off of their opponents in court. Click here and read the thread carefully on an example of this.

Also, good luck with your case. I hope you win! :)
 

mustangkiller

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Status update

I am scheduled for arraignment at 08:30 tomorrow morning. I talked to the county atty a couple weeks ago and told her all the reasons it was a bad idea to try this case. She agreed with me and told me if I had a signed statement from a witness who knew I was going hunting that day, she would dismiss the charge. I returned in an hour with said document. She hasn't talked to me since. I called again today to see if she was keeping her word and the clerk told me she had the dismissal papers in her hand and the judge would be signing then in the morning. She also said that I didn't need to be present at the arraignment. I have decided to go anyway since paperwork gets lost, people change their minds and a myriad of other things that can go wrong. The last thing I need is a warrant for FTA of something does go wrong.
 

Fallschirjmäger

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Aug 4, 2007
Messages
3,823
Location
Cumming, Georgia, USA
Probably a bit too late to ask, but why let that stop me?

Were you served under the misdemeanor or felony portion of 46.035?
"An offense under Subsection (a), (b), (c), (d), or (e) is a Class A misdemeanor, unless the offense is committed under Subsection (b)(1) or (b)(3), in which event the offense is a felony of the third degree. " I guess they snuck it in under the statute of limitations?
 

rushcreek2

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Messages
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Location
Colorado Springs. CO
I am happy for you that this case against you is in the process of being dismissed.

As I recall you were perfectly legal OPEN carrying a RIFLE at the same time - but that open carried handgun for some strange reason allegedly constituted a crime against the health, public safety, and morals of the People of Texas - rights ?

So - I gather what "every citizen" needs to do in Texas in order to be able to exercise their Article 2, Section 23 RTKBA with a handgun is to have a scheduled appointment at the gun range, or the hunting lease every day. Gotta love Texas.
 
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MKEgal

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Jan 8, 2010
Messages
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Location
in front of my computer, WI
bob888 said:
it has been my experience that whenever a lawyer resorts to petty methods of winning their cases (like "demonizing" their opponents), they tend to have anything substantive beyond what they can work with within the confines of the law.
If the law is against you, argue the facts.
If the facts are against you, argue the law.
If both are against you, attack your opponent.

(And for the rare times when both the facts & the law are with you, rejoice.)
 

Fallschirjmäger

Active member
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Messages
3,823
Location
Cumming, Georgia, USA
They charged me with a class B misdemeanor

Just to be Absolutely sure, you might have your attorney check the statute of limitations for a misdemeanor against the date of the incident. It probably won't matter but, there's Always the chance that the SoL expired while they were deciding what to do.

Article 12.02 Misdemeanors. Texas Code of Criminal Procedure
Texas Code of Criminal Procedure Article 12.02 Misdemeanors

An indictment or information for any misdemeanor may be presented within two years from the date of the commission of the offense, and not afterward.

mmm... there doesn't deem to be a Class B Misdemeanor under § 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE
 
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mustangkiller

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I am happy for you that this case against you is in the process of being dismissed.

As I recall you were perfectly legal OPEN carrying a RIFLE at the same time - but that open carried handgun for some strange reason allegedly constituted a crime against the health, public safety, and morals of the People of Texas - rights ?

So - I gather what "every citizen" needs to do in Texas in order to be able to exercise their Article 2, Section 23 RTKBA with a handgun is to have a scheduled appointment at the gun range, or the hunting lease every day. Gotta love Texas.
I thank you from the bottom of my heart Rush. Your advice is what put me on top. I argued some of the things you steared me towards and everything went my way. If you make it down to the Corpus or Houston (we're moving soon) area during one of you trips to Tejas, im buying dinner and drinks.

Just to be Absolutely sure, you might have your attorney check the statute of limitations for a misdemeanor against the date of the incident. It probably won't matter but, there's Always the chance that the SoL expired while they were deciding what to do.



mmm... there doesn't deem to be a Class B Misdemeanor under § 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE

I may have it wrong. I thought it was a class B but I do know for sure it was a misdemeanor. Who knows if they would have tried to amend the charges later if it went to trial.
 

rushcreek2

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Messages
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Colorado Springs. CO
I'm glad some of my observations were helpful, but your demeanor throughout this affair was the critical element. YOU applied Texas law - and won. You paid the cost in attorney fees, and sleepless nights. Thank YOU !
 

mustangkiller

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I hate to brag but I'm gonna anyway haha.... My atty never was paid and never will be. All he did was review the case and told me about how things here work as I've never been thru the Tx court system. I was my own atty for this. If it was going past the arraignment stage, I would have paid him and let him fight for me. It was all me and my OCDO friends who won this. So again, thank you all. Now I need to gear up for the civil suit and hope it changes things for all of us.
 

rushcreek2

Regular Member
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Jun 27, 2010
Messages
909
Location
Colorado Springs. CO
Lowly Serfs should be so arrogant as to acquire knowledge of the "King's" laws , and then presume to take it upon themselves to actually use it against the "King".

Great job !
 

mustangkiller

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Lowly Serfs should be so arrogant as to acquire knowledge of the "King's" laws , and then presume to take it upon themselves to actually use it against the "King".

Great job !

Lmfao, couldn't have said it better myself Jim. Pm me when and if you make it towards my neck of the woods. I mean it. Dont piss me off. I'd hate to have to hunt you down and force you to let me buy you dinner. I'll do it. At gun point if necessary hahaha :)
 

mustangkiller

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Congratulations!

Now that the case is over, can you tell us what happened?

Damn, I can't believe I haven't done this yet. Sorry. It was around 2pm and I was on my way hunting and target shooting. I stopped at the police dept. where my wife had worked for 10 years to pick up some targets, ammo, and some gas money. She had those things in our truck. I ride a motorcycle and didn't wanna leave my weapons unsecured in the parking lot. I figured, I was legalally OCing a pistol and a rifle to begin with and all the guys at the pd knew me so it wouldn't be a big deal. I was WRONG. Eventhough no one called me out on it, a couple officers lost their minds and started looking up statutes in the back with supervisors. The Cheif saw the commotion and got involved wondering why they hadn't disarmed and arrested me yet. One of his "boys" came into the lobby to arrest me but I had already left. They investigated, interviewed me and filed charges. That's the quick version. If you want more details, let me know.
 

BB62

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Aug 17, 2006
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Cincinnati, Ohio, USA
Damn, I can't believe I haven't done this yet. Sorry. It was around 2pm and I was on my way hunting and target shooting. I stopped at the police dept. where my wife had worked for 10 years to pick up some targets, ammo, and some gas money. She had those things in our truck. I ride a motorcycle and didn't wanna leave my weapons unsecured in the parking lot. I figured, I was legalally OCing a pistol and a rifle to begin with and all the guys at the pd knew me so it wouldn't be a big deal. I was WRONG. Eventhough no one called me out on it, a couple officers lost their minds and started looking up statutes in the back with supervisors. The Cheif saw the commotion and got involved wondering why they hadn't disarmed and arrested me yet. One of his "boys" came into the lobby to arrest me but I had already left. They investigated, interviewed me and filed charges. That's the quick version. If you want more details, let me know.
Thanks for the info. Any more details you want to add would be very interesting to study. For instance, the prosecutor who promised that the charges would be dropped "IF" - what happened? How did she/her office conduct themselves?

Will there be a civil suit as you alluded to earlier?
 
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mustangkiller

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Thanks for the info. Any more details you want to add would be very interesting to study. For instance, the prosecutor who promised that the charges would be dropped "IF" - what happened? How did she/her office conduct themselves?

Will there be a civil suit as you alluded to earlier?
The C.A.'s office was great throught the ordeal with the exception of her assistant atty. She told me that because I have a CHL the exemptions in 46.15 do not apply to me and if they did, i was no longer enroute when I made a pit stop at the pd. She's a complete tool fwiw. I promptly left her office and told her I'd see her in court if that was the game she wanted to play. A couple weeks after that she was fired. I dont know why but if you believe everything you read in the local paper, the C.A. is gonna be in alot of trouble soon. Anyway, since Diane was fired and refused to let me speak with her boss, Delma, I made my own appointment. From then on things went as they should in a case like this. She was reasonable, intelligent and willing to listen. At that meeting she told me to get an affidavit saying i was in fact hunting and she would "take care of it". At my arraignment a couple weeks later, she did just that. The bad thing is, during my interview I told the defective, I mean detective, why I was legal and where he could verify that. He either ignored me or pushed the case thru anyway. As far as a lawsuit, I'd like to but every atty I've talked to claims qualified immunity. I understand that we need that to protect officers to a certain degree but none of the people I've talked to listen to the whole story and they just dismiss my claim. We'll see how it goes but I'm not too hopeful.
 
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