Need a good lawyer in MD.

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I'm a PA resident but my work requires I do business in MD as well. Last month I was traveling on I-695 when a disgruntled driver flashed a knife at me for about 5 seconds or so. (He was upset when I did a "brake check" while he was behind me drafting my car like Dale Junior in a Nascar race). Anyhow, when I saw him reaching for something in his door panel, I placed a toy pistol on lap. He pulled beside me and flashed the knife in a stabbing motion. I raised the toy in a manner so that he could see its' profile. I did not point it in his direction. Obviously, he got the point as he backed off and I went on my way.

A few weeks later I get a call from a Balt. Co. Detective asking me to give him a statement. I verbalized what happened. The detective insisted that I come in and provide a written statement, which I later did. According to him, the driver of the other car stated that I pointed a pistol at him. This was never the case. Again, 1) it was a toy and 2) I never pointed it in his direction.

By all indications (from the detective) this will go before a prosecutor who will elevate thisto the next level. Hopefully they'll issue a summons and not a warrant since I've been open, honest and cooperative to this point.

Any recommendations for an attorney? "Yes" I know in retrospect that this probably wasn't the best way to handle the situation; however, but the situation unfolded so quickly that I had little time to think it through.

Thanks.

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amishrebel wrote:

I'm a PA resident but my work requires I do business in MD as well. Last month I was traveling on I-695 when a disgruntled driver flashed a knife at me for about 5 seconds or so. (He was upset when I did a "brake check" while he was behind me drafting my car like Dale Junior in a Nascar race). Anyhow, when I saw him reaching for something in his door panel, I placed a toy pistol on lap. He pulled beside me and flashed the knife in a stabbing motion. I raised the toy in a manner so that he could see its' profile. I did not point it in his direction. Obviously, he got the point as he backed off and I went on my way.

A few weeks later I get a call from a Balt. Co. Detective asking me to give him a statement. I verbalized what happened. The detective insisted that I come in and provide a written statement, which I later did. According to him, the driver of the other car stated that I pointed a pistol at him. This was never the case. Again, 1) it was a toy and 2) I never pointed it in his direction.

By all indications (from the detective) this will go before a prosecutor who will elevate thisto the next level. Hopefully they'll issue a summons and not a warrant since I've been open, honest and cooperative to this point.

Any recommendations for an attorney? "Yes" I know in retrospect that this probably wasn't the best way to handle the situation; however, but the situation unfolded so quickly that I had little time to think it through.

Thanks.

Click to expand...

Did you have a real gun in the car at any time during your trip?

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Sounds like you are a veryaggresive driver:"brake check," brandishing what appeared to be a gun without cause

And nota very savy criminal defendant: talking to police without counsel

Not good attributes alone, or mixed together.

If a driver is overtaking you on a highway, you should show lane courtesy and yield to faster traffic - a legal rule in some states like Virginia, common sense otherwise

If somebody shows you a knife, ignore it, call the police, slow down, take an exit, etc.

If the police call you, decline to answer questions, and call a lawyer.

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Hank: No. I travel in a company vehicle and my employer prohibits this. I clearly stated this to the detective, however, he made me list the guns I own in the written statement. I thought that was kind of odd.

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amishrebel wrote:

Hank: No. I travel in a company vehicle and my employer prohibits this. I clearly stated this to the detective, however, he made me list the guns I own in the written statement. I thought that was kind of odd.

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This is called gathering evidence. And, possibly, getting together a list for the judge in casehe wants to order you to surrender your guns upon conviction.

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Mike: Actually he was the aggressive driver. Traffic was bumper to bumper and the cars in front of me were leaving the lane to avoid an obstacle in the road. When I left the far left lane and entered the median to avoid the obstacle, the driver behind me accelerated and tried to cut me off. I was only trying to re-enter the lane from the median. I had to accelerate to create enough space ahead of him so I could get out of the median and back into my lane. Then he "drafted" my car and I chose to incentivize him to back off w/ a tap of the brake pedal. That's when the knife came out.

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amishrebel wrote:

SNIP A few weeks later I get a call from a Balt. Co. Detective asking me to give him a statement. I verbalized what happened. The detective insisted that I come in and provide a written statement, which I later did.

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View these two videos:

Busted: A Citizen's Guide to Surviving Police Encounters by FlexYourRights.org:

http://www.youtube.com/watch?v=yqMjMPlXzdA



Talking to Police by Prof. James Duane of Regent University Law School:

http://www.youtube.com/watch?v=6wXkI4t7nuc

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amishrebel wrote:

Mike: Actually he was the aggressive driver. Traffic was bumper to bumper and the cars in front of me were leaving the lane to avoid an obstacle in the road. When I left the far left lane and entered the median to avoid the obstacle, the driver behind me accelerated and tried to cut me off. I was only trying to re-enter the lane from the median. I had to accelerate to create enough space ahead of him so I could get out of the median and back into my lane. Then he "drafted" my car and I chose to incentivize him to back off w/ a tap of the brake pedal. That's when the knife came out.

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Why is it, amishrebel, that you had a toy gun in the car that you were driving?

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You sound exactly like the investigator w/ that question. Once again, not the wisest choice, but it worked. I travel to some seedy areas, and encounter a lot of less-than-desireables. My logic, at the time, was to at least display the ability to protect myself when presented w/ a threat (as in this instance). Hinesight is always 20-20 and if I had it to do over again, I certainly would've made other choices...calling the cops, flipping him the bird, what-ever. I can't change what happened and I'm simply looking for some legal assistance.

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amishrebel,

What you should have done was, when the guy flashed his knife at you, grabbed your cell phone, let him pass, got his license plate number, and dialed 911 and reported him. Then it would have been HIM getting jacked up by the police, not you.

You screwed up. Period...

First off, why would you carry a "toy gun" in MD in your vehicle, let alone brandish it at another driver who was obviously an idiot? WTF were you thinking?

Second, there was nothing in this other drivers actions that were an immediate deadly threat to you. You were in a car, driving at highway speed. Getting away was VERY do-able. Even in a "free" state, flashing a gun at some idiot driver is going to get you in trouble with the law.

Third, this occurred in the People's Republic of Maryland. You should have known better. They don't like guns-even toy guns--and you will most likely get royally screwed over this. And quite honestly, I think you probably deserve it. Brandishing is a serious matter, even in a pro-2A state, and in MD it can get you jail time.

In my opinion, you deserve to get convicted, and have your guns taken away. Anyone that flashes a gun (real or toy) at another driver on the highway is a danger to themselves and others (and a SERIOUS liability to the gun-rights community...) and you are obviously not mature, knowledgeable, or sane enough to be allowed to own a real firearm.

You screwed up. You deserve to get punished.

I'd suggest selling your firearms to some RESPONSIBLE gun owners, before the State of PA comes and takes them from you because of your potential Felony conviction in MD...

But all that said, you DO need to get a lawyer. Unless you can afford a SERIOUS defense attorney, the best you can hope for is to have the charges reduced to the point where they won't effect your ability to purchase and own firearms in the future.

MD plays hardball when it comes to guns--real or toys--and my guess is that you will probably feel the full force of the MD Judicial system for your idiotic actions.

And judging from the story as you posted it, you deserve it.

You don't need a lawyer, you need a psychologist and some anger management therapy...

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amishrebel wrote:

You sound exactly like the investigator w/ that question.

Click to expand...

Thanks.

Good luck, amishrebel.

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So company vehicle right? Did your employer ever say anything about this incident to you? I'm assuming this guy wrote down company info, called in and got your name from your employer, but i'm surprised your boss hasn't reamed you because of this.

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It's not a marked company vehicle. It's a company lease car registered to my home address.

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Hank: Thanks for the legal referral (not).

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Thanks for the legal advice...most appreciated.

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This sounds a bit , shall we say , troll like ??? Why on earth , when traveling at highway speeds , would you worry about a knife being shook at you ??

Now if you were exiting the main road and he followed , then you might have something to worry about but after all , you are in a vehical and he would have to get out of his car to get to you.

Secondly , to pull a toy gun is the best way to get your crap blown away I know of. If this is a true story all I can say is good luck because you sure are going to need it.

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Seriously?

You just turned a 'he said/she said' that they could do NOTHING about... Into you making a statement implicating yourself..

:banghead:

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amishrebel,

No, I am not a cop. Although you are too much of a troll to accuse me of that in public, I will not dignify your PM with a private reply, but I WILL issue a public reply on this forum, and call you out for the ignorant, ill-tempered scoff-law you are...

I am a citizen. I have never worked as an LEO. I HAVE, however, been active in NC, VA, and MD as a pro-2A activist, including testifying before the MD General Assembly to support CC reciprocity for bordering states--including your home state of PA.

I spend a LOT of time researching the laws of all the states I travel through regularly. I live in NC, but have family in MD, PA and WV. I travel to MD about once a month, and I know their laws, and follow them, no matter how stupid, illegal, and unconstitutional they are.

I lived in Northern VA for 15 years, and commuted on the Beltway EVERY day. I've seen all sorts of crazy stuff on the roads around the DC/Baltimore area, and I know that some of the scumbags that travel those roads (like the idiot that flashed a knife at you) are SERIOUS career criminals with EXTENSIVE experience in "the system". Any time you try to "retaliate" against these sort of people, they will twist the system against you--because they've been through it enough to know how it works.

You did a STUPID thing. Own up to it.

You have anger issues. You used bad judgment. You screwed up.

Luckily for everyone, you didn't have a REAL gun, or else you may have used it. Then you'd have been a "poster child" for more gun control, made those of us who are law-abiding, rational and sane look bad, and it would have set back the pro-2A movement in MD by decades. Shame on you. Your lack of understanding of the law nearly jeopardized the already fragile position of pro-2A political action in MD.

You are a danger to yourself and others, and need to be segregated from the law-abiding populace. And I'd venture to say that you probably shouldn't be trusted with any tool more dangerous than a plastic spork, let alone a real, functional firearm. You are EXACTLY the sort of gun-waving, law-ignoring goofball that serious 2A activists have nightmares about.

It wouldn't surprise me if you aren't even from PA, but are in fact an agent provocateur sent to this forum by the MSP or Governor O'Malley's office to gather information and advice on how to skirt MD law with regards to out-of-state carry, so that they could use that info against getting MD HB-52 passed.

If your story is true, I sincerely hope you do time.

But I'm starting to think that this entire incident is made-up, and you're a shill for the MD government, or the MSP.

I call "SHENANIGANS" on this one.

I'd bet if the moderators to an IP trace, this character is posting from a computer in Annapolis or Pikesville MD...

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Thanks for the reply. I am a PA resident and not a member of law enforcement. My story is in no way fabricated. It sounds as though "you are calling me out". That being the case, PLEASE name the time and place you'd like to meet face-to-face. I've done more for my country AND law enforcement in general than you'll ever have done in a lifetime. Again, PLEASE tell the forum where you'd care to meet to discuss in person.

I openly admitted in my post that I made some serious mistakes; yet you chose to publicly lampoon me here in the forum despite my request for legal assistance.

Your turn.

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Call this guy. He's a licensed attorney in MD, and I'm sure he'd give you EXACTLY the representation you deserve...

http://www.governor.maryland.gov/biography.asp


I'm done with this.

Shenanigans...