Lawyer needed, OCer arrested in Monroe, La

I received this in my email via the LOCAL online contact form. If anyone knows a layer in the Monroe area who could be recommended for this please pass on the info.

Below is the result of your feedback form. It was submitted by
Anastacio Duran Jr (los4durans@yahoo.com) on Wednesday, December 26, 2012 at 18:04:24
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realname: Anastacio Duran Jr

cell:

email:

question: My son who is 19 years old was carrying his 40mm on his side open carry and was arrested by Monroe Police for disturbing the peace and as of right now am not sure what other charges are pending. They told him he could not carry a open weapon but it is my understanding that 17 is legal but 18 is best. Can you give me the name of a lawyer that I may use to fight this charge. My wife and his wife was also arrested for disturbing the piece.

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Futher investigation finds there to be more to the story than we were lead to believe.
SOURCE- http://www.thenewsstar.com/article/...ice-arrest-3-store-disturbance?nclick_check=1

West Monroe police arrested three people Wednesday afternoon accused of causing a disturbance and drug possession.

Daniel Duran, 19, Tonya Duran, 48, and Taylor Talbert, 19, all of 4985 Louisiana 552, Downsville, were booked into Ouachita Correctional Center. Daniel was booked on charges of illegal carrying of weapons, simple possession of marijuana, disturbing the peace and trespassing, while Tonya and Talbert were each booked on charges of simple possession of marijuana, disturbing the peace and trespassing.

According to arrest affidavits, police were called to Walmart in reference to an armed person refusing to leave the store. When police arrived, they spoke to a manager, who said he asked Daniel Duran, who walked into the store armed, to leave because the employees and customers were frightened of him.

The reports stated the Durans and Talbert became angry and started shouting profanities at the manager after he asked them to leave.

After police arrived, they stopped the three when they tried to leave. Daniel Duran told police he was an "adult" and could carry a firearm anywhere he wanted. He claimed his father gave him the weapon.

Police said the three had the smell of suspected marijuana on them.

During a search of their vehicle, police found a loose suspected marijuana in the vehicle's glove compartment.

Bonds were $1,150 each.

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I emailed the dad that finding a lawyere may be difficult with the report from the media detailing drugs and the cussing.
he replied.....

Your organization does not know of any attorney that I could use , the did not want to leave part is bull they were outside by the car waiting for the police and this is the part that I would want a lawyer for. Can you tell me why you believe it will be hard to find a lawyer to take this case?

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He will probably have a hard time beating any of those charges. Especially with the marijuana possession.

sraacke said:

Your organization does not know of any attorney that I could use , the did not want to leave part is bull they were outside by the car waiting for the police and this is the part that I would want a lawyer for. Can you tell me why you believe it will be hard to find a lawyer to take this case?

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Even as described, it still sounds like there was a valid arrest for trespassing. The parking lot is still presumably part of the Walmart. When ordered to leave, they had to exit the property or they were trespassing. If they were loud and used profanity towards employees, that also provides probable case for an arrest for disturbing the peace (Monroe's disturbing the peace ordinance is written as broadly as possible, prohibiting any speech or act not constitutionally protected that disturbs or alarms the public).

On the other hand, the illegally carrying of weapons charge sounds bogus if he was open carrying. Also, the drug charges sound weak from what I'm hearing here. It sounds like they were standing next to their car when police arrived, and the police said that they smelled marijuana on them. However, I'm skeptical of the idea that this justified a search of an enclosed compartment within the car. In a search incident to arrest (an exception to the warrant requirement), normally you can only search what was within the arrestee's reach at the time of arrest. If they were outside the car and the doors were closed, with no ready access, I doubt it the search of the car was legal. Then again, there are lots of exceptions for automobiles particularly when drugs are involved, so I can't really say for certain.

If this only amounts to a simple trespassing and disturbing the peace charge, it's not very serious. The marijuana and illegally carrying charges, though still misdemeanors, are viewed as more serious but they also sound the most vulnerable (the illegal carrying charge sounds just plain baseless).

Of course, this is not formal legal advice and I'm not representing these people. I don't practice as far out as Monroe, either. Still, there does still appear to be something to work with, so I wouldn't say that an attorney wouldn't want to defend them -- it's just probably going to be criminal defense only, not a civil rights lawsuit.

For good advice

James J Reeves II
Attorney at Law
Galloway, Johnson, Tompkins, Burr, and Smith
701 Poydras St.
40th Floor
New Orleans, LA 70139
Ph: 504-525-6802
Fax: 504-525-2456
Internet email address: jreeves@gjtbs.com
Areas of Practice: Civil litigation, Insurance Defense.
Bar admissions: State of Louisiana; all Louisiana Federal Courts.
RKBA organizational memberships: NRA Member since 1995; GSSF Member and competitor

But don't be suprised if the best advice is to cut your losses by taking the best plea bargain that can be negoiated.

P.S. I realize N.O. is a good ways from Monroe but experienced 2A attorneys are few and far between. Give him a "shot".

I'm surprised to see people here believing a media report, and believing what the police say.

police were called to Walmart in reference to an armed person refusing to leave the store

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So the initial problem is the WM employees not being properly trained in corporate policy. I see some complaints to the head office in their near future.

The reports stated the Durans and Talbert became angry and started shouting profanities at the manager after he asked them to leave.

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Not that there might be some exaggeration on the part of either the police or WalMartians...
They do have security camera footage, right? This should be easy to clear up.
If they did as the police claim, the trespassing & DC charges will probably stick.

After police arrived, they stopped the three when they tried to leave.

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And the police prevented the people from complying with the manager's request, if indeed they were in the parking lot. Again, security camera footage will be very helpful.

Police said the three had the smell of suspected marijuana on them.

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Common unprovable assertion, used to "justify" a fishing expedition or arrest.

During a search of their vehicle, police found a loose suspected marijuana in the vehicle's glove compartment.

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Unless they were in the car, the search will be thrown out by any honest judge.
Why would they be waiting for the police to arrive? That's inviting them to do something to you. Just put on your seatbelt & drive away safely.

op said:

was carrying his 40mm on his side open carry

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40mm is a DD. If only he had the 37mm, which isn't even a firearm...

MKEgal said:

SNIP I'm surprised to see people here believing a media report, and believing what the police say...

And the police prevented the people from complying with the manager's request, if indeed they were in the parking lot. Again, security camera footage will be very helpful.

Common unprovable assertion, used to "justify" a fishing expedition or arrest...

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+1

ixtow said:

40mm is a DD. If only he had the 37mm, which isn't even a firearm...

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I have always had a hard time locating a holster for my 40mm.