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Madison Open Carry Arrest. Paging Travis Yates

hugh jarmis

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MadisonRebel

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I talked to him through email. He is aware of the site, but I don't know if he's a regular visitor. He's also looking for a lawyer.
 

MadisonRebel

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I also contacted Vicki McKenna about the incident, and she told me she would be talking about it on her show today. 3-6PM on 1310AM WIBA, or www.wiba.com if you can't listen over radio!
 

Flipper

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If there is legal action involved, it would be in his best interest not to post a comment here, or be very careful in what he does post.
 

hugh jarmis

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There are very little fact of the case that aren't known. Having said that, I don't really expect that we need to critique the facts of the case to the nth degree (though again, I don't think there is anything to be said that hasn't already)

But as long as Travis is aware of the support that there is to offer here and keeps us informed of the status of the case so we can be supportive thats good enough.

If there is a court date in september, the sooner people are made aware the sooner they can make plans to attend.

or we could just pull a "brad krause" and wait until the day before the hearing, blast an email around and see who can drop everything on a moments notice to show up....
 

WI_Patriot

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Hey, it's me, Travis. I talked to a couple lawyers. So far the cheapest guy will litigate it for $3500. I don't have that kind of money. I don't know if I can request money for a defense fund. I can ask the lawyer about it. If I can accept donations, I would appreciate help.

It looks like most of the facts are already known. Looks like a simple, clear case to me. I wasn't taken to jail. It was a municipal violation.

Is there a planned march, picnic, open carry event planned? I can't advocate anything.
 

Mike

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WI_Patriot wrote:
Court date is 9-9-2009 at 8:30 am.
Make sure you have a good defense lawyer; win your case/get dismissed; then find a lawyer who will work on contingency tofile civil rights lawsuit for damages. PM me if you want recommendation.

Only if these localities get sued on these Fourth Amendment violations will the police leaders change their ways.
 

Nutczak

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Travis, If I was in your position right now, I would not retain a defenseattorney just yet.
See what happens at the initial appearance, Move for a dismissal at that time, and if the judge orders it to trial then plan on retaining a defense attorney. I do not think this is going to go anywhere. (I am not offering legal advice, just making my thoughts known and speaking from experience in my own times wrongfully charged with crimes)

As Mike had already mentioned, a suit against the Madison PD is defenitely in order, and that should be handled on a contingency basis by an attorney. Mopst common costis 1/3 of total recovery, and 40% if it goes to trial. Many attorneys will negotiate those fees if you push the issue. IMO, this is a slam-dunk case for your rights being violated and wrongful arrest.
 

GlockMeisterG21

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Nutczak wrote:
Travis, If I was in your position right now, I would not retain a defenseattorney just yet.
See what happens at the initial appearance, Move for a dismissal at that time, and if the judge orders it to trial then plan on retaining a defense attorney. I do not think this is going to go anywhere. (I am not offering legal advice, just making my thoughts known and speaking from experience in my own times wrongfully charged with crimes)

As Mike had already mentioned, a suit against the Madison PD is defenitely in order, and that should be handled on a contingency basis by an attorney. Mopst common costis 1/3 of total recovery, and 40% if it goes to trial. Many attorneys will negotiate those fees if you push the issue. IMO, this is a slam-dunk case for your rights being violated and wrongful arrest.
+1
 

Mike

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Nutczak wrote:
Travis, If I was in your position right now, I would not retain a defenseattorney just yet.
See what happens at the initial appearance, Move for a dismissal at that time, and if the judge orders it to trial then plan on retaining a defense attorney.
Why take any chances and let the government control the litigation ina criminal law context? Make criminal charge go away now or this will be drug out for years and no way for you to get a civil case going.
 

WI_Patriot

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Search for the courthouse address. Remember that you can't carry in a public building. Also try searching for school addresses. The city bus map shows some schools, but not all. I appreciate the support!
 

Flipper

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WI_Patriot wrote:
Hey, it's me, Travis. I talked to a couple lawyers. So far the cheapest guy will litigate it for $3500. I don't have that kind of money. I don't know if I can request money for a defense fund. I can ask the lawyer about it. If I can accept donations, I would appreciate help.

You should be able to find a good criminal attorney willing to do this at a reduced rate just to be able to holdpress conferences and garner the free publicity for his or her firm.

If you can't find a good one to do it at a reduce rate, then go with experience and consider contacting Brad K's.
 

Shotgun

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GlocksRfun wrote:
Anyone have an address for the court house? Is there a school anywhere around it?
Madison municipal court is located in the "city/county" building, one block from the state capitol:

City-County Bldg., Room 203
210 Martin Luther King, Jr. Blvd.

There are no schools anywhere nearby that area. Nearest one is at least a mile away.
 

eleuthera

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Winning this court case would go a heckuva lot further than our radio ads. I'm willing to chip in as long as the situation is handled correctly.

In any case, nice work Travis! We'll show those tyrants who's boss the American way....in court!
 

Flipper

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eleuthera wrote:
Winning this court case would go a heckuva lot further than our radio ads. I'm willing to chip in as long as the situation is handled correctly.
+1:exclaim:
 

Nutczak

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Mike wrote:
Nutczak wrote:
Travis, If I was in your position right now, I would not retain a defenseattorney just yet.
See what happens at the initial appearance, Move for a dismissal at that time, and if the judge orders it to trial then plan on retaining a defense attorney.
Why take any chances and let the government control the litigation ina criminal law context? Make criminal charge go away now or this will be drug out for years and no way for you to get a civil case going.

I feel hiring a defenseattorney before the initial appearance is a foolish waste of money. here is why;
The only thing that can legally happen at the initial isthe defendantsplea, and him making amotion for dismissal. If the judge grants a dismissal (I am betting on it) there is no need for a defense attorney. So a few thousand dollars is not pissed away. If the motion is denied, then an attorney for defense is warranted

Paying a retainer now is putting the cart before the horse IMO., I do not think this is going anywhere. From what we know of the events that took place, no laws were broken by Travis. the only laws broken were by the arresting officer.

After the case is dismissed or Travis is found "Not Guilty" then it is time to sign the paperwork with the attorney when you are the plaintiff. Research rights violation attorneys now, but wait to sign until your court is done with defense.
 
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