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Had an incident today...Probably going to need a lawyer

brlong23

Regular Member
Joined
Jan 5, 2012
Messages
41
Location
Fredericksburg, VA
Due to legal reasons, I obviously won't be posting what occurred on here, but I would like the advice of legal council and was wondering if someone could point me in the right direction? This involves a self defense vs. brandishing claim.

Thanks
 

Esanders2008

Regular Member
Joined
Aug 27, 2012
Messages
576
Location
Virginia Beach, VA
Due to legal reasons, I obviously won't be posting what occurred on here, but I would like the advice of legal council and was wondering if someone could point me in the right direction? This involves a self defense vs. brandishing claim.

Thanks

I am not sure what part of the state you are in, but give Dan Hawes a call.
 

peter nap

Accomplished Advocate
Joined
Oct 16, 2007
Messages
13,551
Location
Valhalla
Due to legal reasons, I obviously won't be posting what occurred on here, but I would like the advice of legal council and was wondering if someone could point me in the right direction? This involves a self defense vs. brandishing claim.

Thanks

Dan doesn't solicit business on these sites....so I'll do it for you...call Dan and keep your mouth shut.
 

user

Accomplished Advocate
Joined
Feb 12, 2009
Messages
2,516
Location
Northern Piedmont
No charge for a brief chat by phone. I'll be around most of the weekend. If I don't answer, leave a message without referring to the facts of the case.
 

Grapeshot

Legendary Warrior
Joined
May 21, 2006
Messages
35,317
Location
Valhalla
We will be watching and waiting for any information as your may attorney allow. Let us know if there is anything that we might do to assist.
 

user

Accomplished Advocate
Joined
Feb 12, 2009
Messages
2,516
Location
Northern Piedmont
Well, my interest level has been piqued again! And following, anticipating details as allowed.

Yeah, well, we're lying low on this one for the time being, and I would ask that we let this thread cool off. There won't be any details for some time to come. If, as, and when we can talk about it, we will. Until then, please just forget about it.
 

JoeSparky

Centurion
Joined
Jun 20, 2008
Messages
3,621
Location
Pleasant Grove, Utah, USA
Yeah, well, we're lying low on this one for the time being, and I would ask that we let this thread cool off. There won't be any details for some time to come. If, as, and when we can talk about it, we will. Until then, please just forget about it.

Delayed gratification often is much better that instantaneous gratification....
 

brlong23

Regular Member
Joined
Jan 5, 2012
Messages
41
Location
Fredericksburg, VA
I am pleased to inform everyone that the Stafford County Sheriff's Office declined to charge me with anything in this incident.

The abridged version of events is as follows...

I was driving home when another vehicle cut me off so I honked my horn at him. The driver then swerved into the right lane, rolled down his window and began swearing at me and flipping me off. I proceeded to pass him and continue on my way. At this point, the driver passed me again and then began brake checking me. At this point, I wanted to remove myself from the situation so I pulled into a vacant business lot along the road and was going to let the driver continue on his way. I was not aware that there was a second entrance to this parking lot and the driver of the other vehicle had entered there and drove back around to where I had parked at. He pulled along side my car with approximately 10 ft. of distance between us and proceeded to yell more profanities...this is when stuff starts to go south. Due to tinted windows, I was not aware that there were other people in the vehicle. Immediately after the driver stopped, a man in his late teens/early twenties exited the passenger seat, ran around the car and towards mine. He then swung at me through my window in an attempt to hit me. I moved my head to the right and all he managed to connect with was my headrest. At this point, I removed my seat belt and drew my Glock 36 .45 and pointed it at him through my window while ordering him to back up, which he did. The driver of the vehicle then exited his car and began to approach which emboldened the first assailant to approach as well. Rather than be restricted in my vehicle, I opened my door so that I could face both without being hindered. I continued to tell them they needed to get back in their vehicle and leave while they continued to yell, swear, spit and instigate me. This continued for 1-2 minutes until the decided they weren't going to bait me into a fight. They got in their car and left. I re-holstered my Glock, got in my car and drove the opposite direction. As far as I was concerned, the incident was over at this point and nothing more was required because I didn't intend to press charges for the assault.

Fast forward about 2 hours and 5 Stafford County officers come knocking on my door. Apparently, the driver and his teenage son (the one who swung on me) got my license plate and called the police. I was told that I was being charged with 3 counts of brandishing a firearm and that they would need to document my Glock and take it for evidence. They asked for my version of events so I provided them with my side of the story and also signed a sworn statement reiterating what I told them. I was told by the officer in charge that he would be the one who files the report and would talk with the magistrate about what to do next.

Received a call this morning telling me that the officer declined to follow up with the charges based on his encounter with me and the different version of events and that I could come pick up my Glock today. I am not one for social bias but based on my encounter with these individuals, they were "rednecks" who likely thought because I drive a nice car and was by myself, they were going to screw around with me and were just looking for a fight. When they determined they lost before they knew it, they decided to try and get even. Anyways, that's the gist of it.

I would like to say some things. First, thanks for everyone's advice to seek out Mr. Hawes who I would like to thank as well. I spoke with him the weekend following this event and he was more than willing to speak with me and provided me with a lot of good advice. Thankfully, I didn't have to retain his services. Second, I am exceedingly happy with the Stafford County Sheriff's Office and the way they handled the situation. When making contact with me at my home, they were polite, nonintrusive, and complied with my request that only one officer was going to come inside my house to retrieve my firearm.

I'll be happy to answer anyone's questions about this.

Thanks,

Brandon
 

WalkingWolf

Regular Member
Joined
Jul 31, 2011
Messages
11,930
Location
North Carolina
Congratulations on the end to your bad karma. I hope Dan had some good advice on how to avoid it in the future. Another incident that proves when in doubt call a lawyer.
 

brlong23

Regular Member
Joined
Jan 5, 2012
Messages
41
Location
Fredericksburg, VA
Congratulations on the end to your bad karma. I hope Dan had some good advice on how to avoid it in the future. Another incident that proves when in doubt call a lawyer.

Dan was terrific. I spoke to him for about 30 minutes and he walked me through the various scenarios and what to expect along the way. He made it clear I was able to contact him again should i require anything else or if I needed advice.
 
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