New guy needing advice-ish... Unlawful display of weapon. (Not open carry related)

Neo1130 said:

Been reading the forums for about 4 years now, but just signed up.

1. I was recently charged with an incident that happened earlier this year. Basically, got in an accident in which the other guy had some road rage and wrecked into me, seemingly ON PURPOSE. Immediately called 911 and while on the phone, pulled over (had no choice since there was traffic stopped in all directions.) Once stopped, I told the guy to stay in his car multiple times as he was RUSHING to my vehicle. I felt threatened and pulled my weapon (CPL holder.) Cops arrived in less than 2 minutes. Was not arrested or cited for anything.

However the DA is now wanting charge me for unlawful display of a weapon. You all know the wonderful numbers of that RCW. 9.41.270... Ya'll know the wording as well...

Now, one of the subsections of that RCW are as follows...

(c) Any person acting for the purpose of protecting himself or herself against the use of presently threatened unlawful force by another, or for the purpose of protecting another against the use of such unlawful force by a third person;

I honestly felt this guy was out to harm me or my family after having already nearly totalling his vehicle on mine. He did have the intent of harm by the look on his face, which I saw in my rearview.

I have the 911 call recording which has all of this caught (wife was the one that called.)

I know jail time is possible with this charge which is why I want a lawyer, BUT I cannot afford a lawyer and I feel my case is strong enough that I can present it to my favor.

SO, the official questions...

1. Anyone know a good lawyer in the Olympia area?
2. What are the typical lawyer fees for this charge, seeing I have ALL evidence to go in my favor.
3. What type of court setting will this take place in? Is it like a Judge Judy type setting, or will there be a jury? How long will this take? Hours? Days? I have maybe 30 minutes of evidence I can provide.
4. Should I represent myself with the evidence I have?


Things going in my favor.

1. Clean record
2. Positive evidence
3. NRA member
4. Prior Security Forces experience
5. Even states in the law that I should be exempt
6. Professional appearance all the time
7. CPL holder

I really appreciate any advice that can be given, (and know I'll hear at least once to "Find a lawyer" but again, I cannot afford one at the moment.) Just had a son 4 months ago and am still paying the medical bills for that.

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gogodawgs said:

Robert Apgood

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Difdi said:

Is that where he gets his handle from?

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Difdi said:

Is that where he gets his handle from?

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sudden valley gunner said:

Nope, he moonlights as a real good rapper.

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Neo1130 said:

Okay guys,

My arraignment is on Monday. I have been told by a couple different lawyers that it should be dropped at this moment if I let the judge know it was a self defense issue. If it goes any farther after the arraignment, that I should call one of them. I will give the others listed here a call and see what can be done.

Kyle

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Neo1130 said:

Well guys, I called Mr. Apgood. Thank you all for referring me to him! Will post the results up once all is said and done. I have a good feeling and it was nice talking with you Mr. Apgood. We will overcome this no problem. :monkey

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Neo1130 said:

For those that were interested in the outcome, I contacted Rob Apgood. Had many court visits, yada yada yada... This week I had a trial by jury, which thanks to Mr. Apgood, we won the case! Thanks a ton again Rob! Not only is he a damn good lawyer that knows his stuff, he's now what I would consider a good friend...

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NavyLCDR said:

I read RCW 9A.16.110. It does not apply. The OP is not being charged with "assault, robbery, kidnapping, arson, burglary, rape, murder, or any other violent crime as defined in RCW 9.94A.030"

Subsection (2) states: " (2) When a person charged with a crime listed in subsection (1) of this section is found not guilty by reason of self-defense, the state of Washington shall reimburse the defendant for all reasonable costs"

RCW 9.41.270 is not of the crimes listed in subsection (1) of RCW 9A.16.110.

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509rifas said:

Self defense is common law, not just statuatory. Also in the state constitution article 1 section 24 to bear arms in defense of self.

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BigDave said:

Self Defense can be at many levels of threats but do not reach the level where use of deadly force is provided for by law, lawfully.

Use of Force has to Reasonable and Necessary and deadly force must be an imminent threat of life or limb (upon your person or another).

Your statement concerns me as I have seen many others express self defense in a similar manner. It appears it derives from some type of fear that encountering any threat of physical force be it minimal or moderate where lawful force is authorized but not deadly force.

I have also seen many who read the laws in an attempt to support what they want to do instead of reading and understanding the law and applying it. If you go into anything with preconceived ideas or desired outcome you will likely walk away with a distorted view.

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509rifas said:

The use of force in self-defense is pretty well laid out in the appellate opinions. Things like assault 4 can be defended against lawfully, but you can't kill the guy (absent a reasonable fear of serious injury, like he snuck up on you and punched you once as you were getting into your car at 4am, you may reasonably believe he didn't come there just to hit you once.)
I did not imply that defensive force means deadly force. but self defense is an affirmative defense and is not limited to just the crimes listed that you get reimbursed for legal costs for as per statute.

I can't posted the state cases right now as I am on a fone, but when I get to a computer I'll post those where self-defense is used to defend against misdemeanor assaults and the accompanying criteria for a legitimate plea of self-defense as per the courts interpretation of common law self-defense and A1S22 bearing arms in defense of self. Or you could look it up in MRSC, that may be quicker.

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