Being Charged with 626.9 Violation

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moleculo wrote:

I personally know someone that had the same DA tactic pulled on them so they could file charges. I won't get into what the charges were for. He got a letter worded similarly, although in his case it didn't even say what the complaint was for (he had a suspicion already). When he got there, they informed him with what he was charged with and he spent a night in jail before he could make bail.

This letter isn't a joke and they will charge you when you go down there. If you don't show, there will likely be a warrant for your arrest. Get a lawyer; make sure he goes with you. The DAdoesn't file charges unless they think they can win in court based on the evidence they already have. Perhaps you have been under observation for some time and didn't know it. Take a lawyer. Good luck and let us know what happens.

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I was in no way saying not to take it seriously, I'm saying make sure everything is procedurally correct. Although, I can't say what the issue was in your friend's situation, I do know that more often than not, something has been wrong and the arrest was false, and without the necessary "sworn & signed" complaint.

Just because one gets arrested and locked up doesn't necessarily mean it is valid. And bail is for AFTER you've been incarcerated. Not before.

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Theseus wrote:

Because when the DA has already informed me of their intention to file and charge me, even to the point of setting a date I should just sit by and wait until I see their proof before I obtain representation?

Interesting. . . I always thought it best to use a lawyer to handle legal issues...

Nick the Sniper wrote:

If it were me, before I started retaining counsel, and selling personal property, I would be demanding to SEE the ACTUAL complaint. And it had better be

1. SIGNED;
2. signed UNDER PENALTY OF PERJURY;
3. signed UNDER PENALTY OF PERJURY BY THE WITNESS(ES) AND INJURED PARTIES; and
4. Accompanied WITH a SWORN AFFIDAVIT.

If I hear anything other than "here's your true, correct and complete copy of the complaint against you," then I'm going to start looking for those making false reports and those helping and bring a REAL complaint.

It has been my experience that complaints of the sort are usually deficient in some way.

Of course this IS NOT legal advice, but what " I " would do in a like situation.

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The call is entirely yours to make (of course), and maybe if you don't know anything about the legal system, maybe it would be best. I know of some people, including myself who have had very bad experiences with attorneys, from getting their retainers stolen, to inadequate representation.

A lot of people are unaware that every attorney is apart of the judicial system (conflict of interest) and a lot of times they will just pick up where there fellow bar member wants (or the court), instead of putting up a vigorous defense. There are some excellent attorneys, but me personally, I wouldn't want to crap shoot and find out after its all said and done.

Example: Someone I met got charged with felony commercial burglary (for actually squatting), and was refused to see the complaint by both the attorney representing this person, and the prosecuting attorney. Not until after they intimidated her into accepting a plea deal and community service (that must be paid for out this person's pocket), and after a lot of griping did this person get a copy of the complaint.

All criminal complaints must be supported by a complaining (injured) party. The state and its employees do not constitute an injured party. The complaint had the LEO signing the complaint, but it wasn't under penalty of perjury, it wasn't his [the LEO] property, and there was no affidavit of probable cause (necessary).

Again, if you know nothing about the legal system, then you may have to take your chances. The attorney is a mouth piece. An "agent" of "yours." Meaning you are supposed to know and instruct them as to what to do. Otherwise, it will be just that, a crap shoot. And hopefully you want get a hack. Good luck!

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And bail is for AFTER you've been incarcerated. Not before.

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Read what I wrote again. I didn't think I had to spell out every step of the arresting processing process on this forum. If he showed up at the DA office, they filed charges, and he spent a night in jail before making bail, that means they incarcerated him right after they filed charges and he saw the the judge in the morning. Duh.

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Show up, but do not admit to anything.

Yes they will likely arrest and book you. Prepare to make bail now.

Get an attorney now... Call Chuck Michel from the ILA in Long Beach first thing Monday morning. They will want to getinvolved. They have to get involved on this one or they're worthless. Make sure that if you already have an attorney that they contact Chuck Michel and the ILA now!

Is there anyone out there that has Chuck Michel's number?

Give it to this guy please, right away!

There is a chance that this will turn out to be a DA interview--if so... do not even admitt to owning a firearm even when asked. Just say, "I am invoking my 5th amendment right to remain silent." Nothing else.

Do not give them a thing to work with!

Also when you show up, wear a suit--look like a straight up citizen. The DA may drop the case if you look respectable--juries are less likely to convict regular citizens. You may get what is called a "DA Reject" on the spot.

I will bet you that this is from one of your neighbors who saw you with a firearm in your home/apt or going to or from same with the same--it is a chicken @#$% complaint and if so you can sue them (the one who complained). In fact I would advise you so sue them for makinga false complaint should this be dropped.

Get a copy of the complaint. In the meantime--very important.... move all your firearms, ammo, equipment, and anything related to firearms or hunting in another location outside of your home (storage faciltiy, friends guns safe, etc.). Do it quietly. Do it discretely. Do it now!

You do not want anything to be used as evidence against youshould they show up with a warrant. Including recipts for fireams, etc. They will need physical evidence to convict you, along with the witnesses!

Move it out and away now!

The only thing you want in your house is an air-soft gun for them to find, of the type most likely you were seen with--put your thinking cap on now!

Cover your bases!

Also erase all gun stuff from your computer--and use an overwirte progam to put ones and zeroes where the files were.

Cover all the bases--now.

This is interesting. I live local to you and just keep me posted on what happens.

Ask Mike about me--he'll vouch. If you need any help/advice let me know.

T

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Theseus,

I'm sorry to hear about your troubles with this BS Law. I live 500 feet away from a middle school.

Imagine how screwed I'd be if I tried to open carry in my own neighborhood. I hope for your sake and all of ours that this law is thrown out before you have to answer to it. Stick with the lawyer on this one is my humble advice.

PS- I thought that if you were on your private property, 12025 and 12031 were not enforceable. But I recently read the case of a felon standing in his driveway with a concealed weapon. The judge issued instructions to the jury that if there was no physical barrier between public and private property 12031 could be applied. My point is, even if I OC in my front yard it sounds like I could fall vicitm to PC626.9!



Great forum, see you all at Nordyke!

Rob

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I just chatted with a friend who is an acquaitence with Chuck Michel from the ILA.

He does strongly advise you to contact him ASAP! Regular shysters do not know how to or defend gun cases--they don't know squat!

You must call Chuck Michel. Here's his number--don't delay.....

Chuck Michel: 562.216.4444 Fax 562.216.4445

Michel is the local lawyer for the NRA ILA

He is located in Long Beach next to the convention center--he is local.

Call him or be a donkey.

My advice about moving your stuff is not a bad idea--if you are arrrested they will most likely (while you are making bail) get a search warrant and go to your residence and this will be a very bad thing for you.

Another gun lawyer who is also good is Bruce Colodny in Riverside.

714.639.6767 OC Office San Bernadino office 909.862.3113

Anyone other than these two guys are second best!

Do not delay on this matter! Or you will get screwed.



T

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The "Right People"have been notified.

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REMEMBER THE 5 WORDS



I-HAVE-NOTHING-TO-SAY !!!

people are talking themselves into charges these days...dont fall for it....

silence isnt admission of guilt...

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Whooohooo... whose cornflakes did you pee in? This is WAY over the top. 'Good advice from all. This is an unbelievable circumstance. Somebody filed a deposition on ya... for somethin'. OW! Whutta can o'worms. 'Sounds all 'hearsay' from where I'm sittin'... Good Luck with this mess.

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I thank all of you for your support and suggestions.

Later today I will have details about where donations can be made for my defense fund.

I make the following pledges to you all willing to help me out.

• Any funds donated will be used solely to cover my costs of defense.
• Any funds remaining after the case has run its course will be donated to the CalGuns Foundation.

Any amount you can donate would be appreciated.

There will be two ways to donate. Although I would prefer you to send all funds to Bruce, you can also make some donations directly to me. If you make donations directly to me they will still be used primarily to fund my defense, but can be used for other reasonable things such as gas, phone, and other defense related expenses.

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Today was my arraignment.

No bail. Released OR. Pre-trial Feb 10th.

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Pre-trial..... Dont take the Plea Bargain!!!


I cant believe you are actually being charged with this, and in the Fashion of a compliant being filed....:banghead:


Im sure if I was to complain about the ass hat on hwy 99 today that almost killed several people passing on the double yellow line they would haul him right in and charge him, :uhoh:

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FYI The CalGuns Foundation now has a donation link for Theseus' legal defenseon their main page.

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Theseus wrote:

Today was my arraignment.

No bail. Released OR. Pre-trial Feb 10th.

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What happened with your case? It's been several months since the last post on this. Curious to know what happened.

-M

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Updates in http://opencarry.mywowbb.com/forum12/31135.html

Yes, I wonder too, when does the statute of limitations run out on these traitorous bastards?

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newest thread on theseus case http://opencarry.mywowbb.com/forum12/31135-1.html

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This really sounds like one of those fake "snitch/Phishing" tickets the cities use to try to trap you into paying money. Here is an example for the red light tickets: http://www.highwayrobbery.net/redlightcamsticket.htm#Fakes

The link gives an example of the request to appear to court. This really sounds like intimidation and they hope that you will incriminate yourself with some offhanded remark. Nothing wrong with applying the fifth amendment here.

I would at least consult a lawyer before engaging in any conversation with the court.

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Someguyincali, you should read the threads posted above. The only way they were able to subpoena Theseus was by combing through the dispatch logs to find his identification info. Everything else in the reports had been discarded as they determined at the time there was no crime committed nor being committed.

This is actually more of a case to make a litigative example in CA. First by nullifying private property, second by sending a message to OCers that they will be punished to the full extent of the law, because CA does not want their subjects armed.