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Thread: Lawyer Recommendations

  1. #1
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    Lawyer Recommendations

    hey guys, i was involved with an incident about 2 weeks ago where i was charged with a 2nd degree felony for shooting at/in an occupied dwelling. i dont want to post all the detail publically, but the shooting into a dwelling was shooting at the ceiling to signal to the FD that i was inside and injured and unable to move. i currently have a criminal defense attorney (jeff quisenberry) but want to get as much legal help as possible. never had any prior encounters with the law or anything. money is not a problem, just want to have the best team possible to help me get out of this situation.

    btw, this was in Tampa, FL
    Last edited by hvtopiwala; 12-05-2013 at 02:39 PM.

  2. #2
    Moderator / Administrator Grapeshot's Avatar
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    Unusual situation - will be looking for more detail when and if your attorney authorizes the release of it.
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Regular Member Fuller Malarkey's Avatar
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    Quote Originally Posted by hvtopiwala View Post
    hey guys, i was involved with an incident about 2 weeks ago where i was charged with a 2nd degree felony for shooting at/in an occupied dwelling. i dont want to post all the detail publically, but the shooting into a dwelling was shooting at the ceiling to signal to the FD that i was inside and injured and unable to move. i currently have a criminal defense attorney (jeff quisenberry) but want to get as much legal help as possible. never had any prior encounters with the law or anything. money is not a problem, just want to have the best team possible to help me get out of this situation.

    btw, this was in Tampa, FL
    Can't help with the attorney thing. I will make a suggestion.....

    The next time you get the urge to fire a weapon while in the house, pass on it. It isn't working well for you.

    http://forum.opencarry.org/forums/sh...=1#post1611101
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    From the cop’s perspective, the expression “law-abiding citizen” is a functional synonym for “Properly obedient slave".

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  4. #4
    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by Fuller Malarkey View Post
    Can't help with the attorney thing. I will make a suggestion.....

    The next time you get the urge to fire a weapon while in the house, pass on it. It isn't working well for you.

    http://forum.opencarry.org/forums/sh...=1#post1611101
    Hmmm - Interesting point.
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

  5. #5
    Regular Member self preservation's Avatar
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    Quote Originally Posted by hvtopiwala View Post
    hey guys, i was involved with an incident about 2 weeks ago where i was charged with a 2nd degree felony for shooting at/in an occupied dwelling. i dont want to post all the detail publically, but the shooting into a dwelling was shooting at the ceiling to signal to the FD that i was inside and injured and unable to move. i currently have a criminal defense attorney (jeff quisenberry) but want to get as much legal help as possible. never had any prior encounters with the law or anything. money is not a problem, just want to have the best team possible to help me get out of this situation.

    btw, this was in Tampa, FL
    I'm not criticizing because obviously I was not there and do not know the details, but you say that you fired into the ceiling to get the attention of the Fire Department? Being a Firefighter/Emergency Medical Technician myself I can tell you that this is not the best way to get us to "come to you faster." In fact, had I been one of the emergency responders that day and heard unexplained gunfire, I would have gotten my happy azz back in the fire engine or ambulance and drove a few blocks away until LE could determine what was going on and that the scene was secure. So such actions may actually slow down the time in which help gets to you.

    I assume you called 911 and responding units already knew your location, so why the need to "sound off" to give them your location? You state that the dwelling was occupied. Was anyone in the house with you that could have flagged help in? (don't answer these question on here until you know more about what legal issues you may be facing) I hope that the dwelling didn't have an upstairs with people above you. God forbid a wayward bullet find an unintended target. Once again, you know more about the details than me, but you may have made a foolish choice.
    “The only thing necessary for the triumph of evil is for good men to do nothing.” Edmund Burke

    self-pres·er·va·tion (slfprzr-vshn)
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    1. Protection of oneself from harm or destruction.
    2. The instinct for individual preservation; the innate desire to stay alive.

  6. #6
    Moderator / Administrator Grapeshot's Avatar
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    Actually with both of the incidents reported by the OP, there would be reports filed - one regarding the break-in and the present one. It would be a simple enough matter to offer redacted copies of each for consideration.
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Regular Member 77zach's Avatar
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    You know grapeshot, we are so screwed as a nation. I guess the logic of a mild and well deserved rule violation being censored is founded in the hope they'll eat you last? If I live as long as you, I think I'm going to see some dark days for all of our rights, at least if we don't collectively wake up to what's going on and tell it like it is.
    “If the natural tendencies of mankind are so bad that it is not safe to permit people to be free, how is it that the tendencies of these organizers are always good? Do not the legislators and their appointed agents also belong to the human race? Or do they believe that they themselves are made of a finer clay than the rest of mankind? ” -Bastiat

    I don't "need" to openly carry a handgun or own an "assault weapon" any more than Rosa Parks needed a seat on the bus.

  8. #8
    Campaign Veteran skidmark's Avatar
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    While not the best maneuver, for the reasons noted, you have a fair "exigency of the circumstances" defense. If your attorney does not propose it from the beginning, tell him to look it up in case law.

    Most of the time it will require pleading guilty with extenuating circumstances. Much like excused/justified homicide.

    When things are approved, let us know how it turns out.

    stay save.
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    Quote Originally Posted by self preservation View Post
    I'm not criticizing because obviously I was not there and do not know the details, but you say that you fired into the ceiling to get the attention of the Fire Department? Being a Firefighter/Emergency Medical Technician myself I can tell you that this is not the best way to get us to "come to you faster." In fact, had I been one of the emergency responders that day and heard unexplained gunfire, I would have gotten my happy azz back in the fire engine or ambulance and drove a few blocks away until LE could determine what was going on and that the scene was secure. So such actions may actually slow down the time in which help gets to you.

    I assume you called 911 and responding units already knew your location, so why the need to "sound off" to give them your location? You state that the dwelling was occupied. Was anyone in the house with you that could have flagged help in? (don't answer these question on here until you know more about what legal issues you may be facing) I hope that the dwelling didn't have an upstairs with people above you. God forbid a wayward bullet find an unintended target. Once again, you know more about the details than me, but you may have made a foolish choice.
    having spoke to Rich and my attorney, i will be withholding certain information until the case is over, but it is being handled currently.

  10. #10
    Regular Member Fallschirmjäger's Avatar
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    John R. Monroe
    9640 Coleman Road
    Roswell, GA 30075
    Office: 678-362-7650

    He's well versed in firearms and the law, and was a major mover in several cases of Georgia Carry.org versus various political subdivisions.

  11. #11
    Regular Member self preservation's Avatar
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    Quote Originally Posted by hvtopiwala View Post
    having spoke to Rich and my attorney, i will be withholding certain information until the case is over, but it is being handled currently.
    Don't blame you. I am going to assume that you had no other way to summon for help other than to make noise. If I had fallen in the floor and injured myself to the point that I truly felt that I would die if help didn't arrive soon, I would have probably also done whatever means necessary to live. If you're 25 years old and only twisted your ankle this may not fly. But if you're 70 years old and broke a hip you may have a better chance of beating this. May I suggest that you look into a "life alert" system for the future? I know several companies such as ADT and Brinks offer this. If you are not familiar with what I am talking about, a "life alert" system is just a necklace with a button on it that you can push to call for help when you are unable to make it to a phone.
    “The only thing necessary for the triumph of evil is for good men to do nothing.” Edmund Burke

    self-pres·er·va·tion (slfprzr-vshn)
    n.
    1. Protection of oneself from harm or destruction.
    2. The instinct for individual preservation; the innate desire to stay alive.

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    Quote Originally Posted by self preservation View Post
    Don't blame you. I am going to assume that you had no other way to summon for help other than to make noise. If I had fallen in the floor and injured myself to the point that I truly felt that I would die if help didn't arrive soon, I would have probably also done whatever means necessary to live. If you're 25 years old and only twisted your ankle this may not fly. But if you're 70 years old and broke a hip you may have a better chance of beating this. May I suggest that you look into a "life alert" system for the future? I know several companies such as ADT and Brinks offer this. If you are not familiar with what I am talking about, a "life alert" system is just a necklace with a button on it that you can push to call for help when you are unable to make it to a phone.
    yup! i actually just signed up for a life alert style system. age isnt the factor here, its the medical factor here that caused this whole incident. ill explain later once everything is all done and wrapped up.

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    Founder's Club Member Jojo712's Avatar
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    Quote Originally Posted by hvtopiwala View Post
    having spoke to Rich and my attorney, i will be withholding certain information until the case is over, but it is being handled currently.
    It sounds like you couldn't be in better hands.

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    Regular Member Maverick9's Avatar
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    OK, let's call a spade a spade.

    THE OP CAUSED HIMSELF TO BE ARRESTED AND CHARGED.

    Think about it.

    FWIW.

  15. #15
    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by Maverick9 View Post
    OK, let's call a spade a spade.

    THE OP CAUSED HIMSELF TO BE ARRESTED AND CHARGED.

    Think about it.

    FWIW.
    Think that is a stretch - from what we know, that was not his intent.
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Regular Member Maverick9's Avatar
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    Quote Originally Posted by Grapeshot View Post
    Think that is a stretch - from what we know, that was not his intent.
    Forgive my obvious distress. Here's what I meant, and not that it was his -fault-.

    Guy shoots off a clearly intended 'distress signal', no other recourse.

    LE arrives and he tells them he fired his gun on purpose into the ceiling to alert them.

    Sadly, for him, he should have said "IDK what happened maybe the fire?" or just STHU, and let the lawyer explain it.

    If you have to do that, make it clear if it happened it was accidental (to your Lawyer) and say nothing to the cops except, "i'm hurt I need a doctor, I'll give my lawyer the job of talking to you. Have a good day'.

    FWIW.

  17. #17
    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by Maverick9 View Post
    Forgive my obvious distress. Here's what I meant, and not that it was his -fault-.

    Guy shoots off a clearly intended 'distress signal', no other recourse.

    LE arrives and he tells them he fired his gun on purpose into the ceiling to alert them.

    Sadly, for him, he should have said "IDK what happened maybe the fire?" or just STHU, and let the lawyer explain it.

    If you have to do that, make it clear if it happened it was accidental (to your Lawyer) and say nothing to the cops except, "i'm hurt I need a doctor, I'll give my lawyer the job of talking to you. Have a good day'.

    FWIW.
    Ah so - now I unnerstan.

    Agree that flappin' the lips will cause more trouble than it avoids.
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Quote Originally Posted by hvtopiwala View Post
    hey guys, i was involved with an incident about 2 weeks ago where i was charged with a 2nd degree felony for shooting at/in an occupied dwelling. i dont want to post all the detail publically, but the shooting into a dwelling was shooting at the ceiling to signal to the FD that i was inside and injured and unable to move. i currently have a criminal defense attorney (jeff quisenberry) but want to get as much legal help as possible. never had any prior encounters with the law or anything. money is not a problem, just want to have the best team possible to help me get out of this situation.

    btw, this was in Tampa, FL
    I don't know of any lawyers that can help you down there, I do know one in Daytona Beach who is awesome. However, ignore the negativity on here, as I think some of the people here are anti-gunners who hang out to attack anyone who posts. You have my support, and blessings in your upcoming trial.

  19. #19
    Regular Member Maverick9's Avatar
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    This gentleman, the lady in the garage who went back in to the scene and shot at her husband, into a wall adjacent to where kids were did the same thing. She TOLD the officers that she essentially committed a crime.

    What is LE supposed to do when you 'confess' to the elements of a crime? They are not there to pat you and say 'there, there, we understand'. They really don't have any options.

    So if you SHUT UP, say "I'm hurt, need an ambulance" and "call my lawyer", and just keep repeating that (because you WILL be badgered), you can usually get 'Justice'.

    Justice and the verdict are rarely the same. Just like a 'good' shoot, can potentially be 'homicide', circumstances, SD, mitigates it. I think it's called an affirmative defense.

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