False Arrest

[vermonter]

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Call the Lethal Force Institute

www.ayoob.com

Mr Ayoob can get you headed in the right direction to find a lawyer. I lived in Bear, DE and OC'd in Newark all the time. I did have a State of Delaware Armed Comissioned Officer, and had a CCW. I was never questioned, but I always dressed professionally. Riding a bus may put the PD in a mindset that you fit into a certain "class". Also you could call Gettier Security and ask for the firearms instructor (I forgot his name). He knows a lot of people in Delaware, and probably a good lawyer. Just keep your hear and GET GOOD COUNCIL!!!!!

If you still can't find someone, I will try to find you a lawyer. Just keep us updated VIA posts...

 

[Riverdance]

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One thing that you should know about Ayoob is that he is vehemently anti-open carry. He may help you for the $ but be prepared to be ridiculed, belittled, and have your intelligence questioned.

 

[psmartin]

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budda64_99 wrote:

My wife and I were sitting at a bus stop this morning, whena Newark police officer approached us, askedme to stand up, put my hands up, and turn around.

You may be better off than you think... Through COMMON OBSERVATION, it appears the police determined that you had a weapon, that would really seems to imply it was NOT concealed.

Hire a good attorney. The only thing dumber than pleading guilty is representing yourself in court.(not meant as a slight against you, but it's important to mention)..

In Virginia it's a lot cheaper, but a concealed weapons permit just completely avoids the problems... It isn't right.. It isn't fair, but there are too many people that "flip out" at the sight of a properly holstered weapon.

 

[markand]

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Try contacting the Second Amendment Foundation, http://www.saf.org/. They have been known to get involved in law suits and may be able to refer you to a lawyer who is willing to sue the police.

 

[Riverdance]

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psmartin wrote:

"there are too many people that "flip out" at the sight of a properly holstered weapon."

I beg to differ. It is almost unheard of for any citizen to "flip out." Problems only occur when anti-gun bureaucrats or "authorities" take it upon themselves to invent bans.

Has nothing to do with anyone's fear or theso-called (and nonexistant) panic of the sheep, it is all about intimidating gun owners by elitists exercising powers they often don't evenhave.

Here in Virginiawe don't EVER let them get away with it.

 

[357luvr]

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Glad to hear that I'm not the only one being harassed by the local LEO's. See my new interaction with them about halfway down in the first page of http://opencarry.mywowbb.com/forum54/716.html

Personally I think your situation is a bunch of BS. You were carrying openly and you're being charged with carrying concealed! That's complete BS!!! :cuss:Good luck on everything and hope you pull through this okay.

 

[Dutch Uncle]

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In 2 years of open carrying, I have yet to see a citizen, sheep or sheepdog, "flip out". Of course, it can happen, but here in Virginia acute hoplophobia is seen as an unfortunate and embarrassing, but nonetheless treatable mental disorder. It usually is seen in people who hail from other parts of the country ("come-heres" as they are called). We try to be polite and supportive, but they can sometimes make it difficult to be empathic.

There was even a case last summer where an LEO had to provide counseling to a distraught visitor, (from Canada, as I recall) but he evidently recovered without adverse effects. The episode was precipitated by his witnessing a Virginian pumping gas whilst OC'ing. The story is in one of the older threads in the VA section, for those interested.

Don't let the bastards wear you down, and don't assume that OC is nearly as troublesome as many would have you think.

 

[budda64_99]

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Well the solicitor or prosecutor for newark told my public defender it would be too hard to try me so he dropped it, but its still on my record, I hate Delaware...

 

[Mike]

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What is on your record? Charged. Then charges dropped? What else would you expect?

See an attorney for damage suit options (they might be few, but ask).

 

[VApatriot]

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budda64_99 wrote:

Well the solicitor or prosecutor for newark told my public defender it would be too hard to try me so he dropped it, but its still on my record, I hate Delaware...

I'm far from being in the know of how legal stuff like that works so I may be wrong, but shouldyou be able to have something like that expunged from your criminal record?

 

[bayboy42]

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http://www.delawoffice.com/criminallaw.html

Expungement
Expungement is the sealing of a person's criminal record. The expungement process does not erase the criminal record, but simply seals the record from public view. All copies of the record are supposed to be destroyed and erased from databases except for a sealed copy kept at the office of the Supervisor of the State Bureau of Identification. 11 Del. C. §4373.

The sealed records can then only be viewed by a court or by "law-enforcement officers acting in the lawful performance of their duties...or for the purpose of an employment application as an employee of a law-enforcement agency." 11 Del. C. §4374.

Why is this important? Because a criminal record can hurt an innocent person's opportunities to gain employment, education, and credit. By expunging a criminal record, potential employers, schools and lenders aren't able to learn of an innocent person's past arrests.

Who is eligible for expungement? 11 Del. C. §4372 sets out three specific circumstances where expungement of a Delaware criminal record can be expunged.

• The first is when a person is acquitted (found not guilty) of a crime.
• The second is when a notice of nolle prosequi is entered (the state decides to drop the charges).
• The third is a dismissal by the Court.

If any of these three circumstances occurs, the person charged is eligible to petition the Superior Court for an expungement. The petition and the proposed order ask the Court to expunge the record. It is up to the Superior Court to review the petition and decide if the expungement shall be granted or not.

If a person has an old conviction, can a new acquittal be expunged? No, if there are any convictions on a person's record, then the record cannot be expunged. A record is expunged so that an innocent person will not be hindered by an arrest record. If someone is found or pleads guilty, the damage is already done.

When should an expungement petition be filed? As soon as possible. A petition for expungement of criminal records should be filed right after the person becomes eligible either by acquittal, nolle prosequi, or dismissal. This way, the potential creditors or employers who would be able to see the record is kept to a minimum.

Even after an expungement is granted, it is still a good idea to have a criminal record search done a few months later to make sure the expungement process was completed. If the expungement has been successful, no record will be found.

Generally, while the drafting of a petition for expungement can be complicated, expungement is a relatively simple and inexpensive process. The problem is that many people and their lawyers are so happy to be done with a criminal case that they forget all about expunging the record.

A criminal record is something that most people don't think about until it comes back to haunt them. An expungement is a relatively easy way to alleviate those headaches down the line.

 

[reefteach]

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budda64_99 wrote:

Well the solicitor or prosecutor for newark told my public defender it would be too hard to try me so he dropped it, but its still on my record, I hate Delaware...

Great! Now its time to turn the tables to make sure ths doesn't happen again to you or anyone else.

 

[Mike]

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Yes - you need to follow up with the police dept. to complain and ask that OC folks are not falsely charged again.

 

[gotarheels03]

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So, any updates on what became of this? From what I can tell DE law has no prohibitions on open carry written anywhere (other than an almost total local ban in Dover)

The University of Delaware does prohibit not only carry, but even possession of firearms on campus, and Main Street is part of the campus. This doesn't apply to you however since you are not a student. The most they could do is ask you to leave the campus, the same as any business could do, or so I think. I on the otherhand am a student, so I cannot open carry unless I want to be dismissed from school my Senior year.

Unless there is some old local ordinance prohibiting carry, which I've never been able to find. Does anyone know if there is such an ordinance?

If the case was dropped, what do you mean "its still on your record?" Arrest record?

Newark has become increasingly dangerous in the last 3+ years I've been here. It'd be nice if we could open carry without fearing local LEO's (and the university/ UDPD)

 

[Sig229]

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Jeez. Sounds like they gave you a professional run-around.
My EX GF went to UD and I spent a lot of time there. I guess you could say I lived there half the year.

I used to OC in DE when I would take our dogs for a walk at night. For a while we lived in "Victoria Mews" [SP?] (Hey we were poor college students!)

I was once stopped by a Newark City cop, he was very polite and professional.
He asked me about my weapon and I told him about the law and that it was a bad part of Newark, he agreed and advised I get a DE CHL or the next time I would "Land in jail for a few nights"
I think me being a Criminal Justice Student maybe helped the situation and the LEO's mindset, if so that isnt fair really.

I tipped my hat, and shrugged it off when he left.

That's the only OC run in I have had in DE.

If you want to organize an OC Day, I may be able to make it.

 

[vrwmiller]

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budda64_99 wrote:

Well the solicitor or prosecutor for newark told my public defender it would be too hard to try me so he dropped it, but its still on my record, I hate Delaware...

Ok, IANAL, but if you were charged and all charges were dropped, how can something be on your record?

If I were you, I would submit a FOIA request for all records related to your case. Take those records to a lawyer or pro-rights organization of some kind and ask for advice. I am sure that any pro-rights/pro-2nd Amendment organization can provide you with a list of attorneys that will represent this kind of case.

Then, I would consider moving to another state.

 

[Sig229]

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vrwmiller wrote:

budda64_99 wrote:

Well the solicitor or prosecutor for newark told my public defender it would be too hard to try me so he dropped it, but its still on my record, I hate Delaware...

Ok, IANAL, but if you were charged and all charges were dropped, how can something be on your record?

If I were you, I would submit a FOIA request for all records related to your case. Take those records to a lawyer or pro-rights organization of some kind and ask for advice. I am sure that any pro-rights/pro-2nd Amendment organization can provide you with a list of attorneys that will represent this kind of case.

Then, I would consider moving to another state.

Because a simple charge even though it has not been prosecuted and adjudicated is still on his record.

It would read as
"Charge: Pos Of Concealed Handgun on Person
Disposition: (This line would be blank)"

I too say go and get that expunge on MONDAY!
It should take less than two weeks for the form to process and a judge to sign off on it.

Since the DA isn't going to prosecute, the judge MUST sign the expungment papers.
(It should only be around $30 too)

 

[Myopicvisionary]

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So, is your record cleared now?

 

[ijusam]

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He hasn't posted since the end of 2006.... I hope thats not a bad sign:what:

 

[LEO 229]

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pkbites wrote:

budda64_99 wrote

I'm being handcuffed by one (without them reading me my rights),

This idea that an officer has to read you your rights immediately upon arrest, even while trying to cuff you is nonesense from television. Miranda rights only have to be given after one is in custody, AND only if they are going to be asked questions relating to the commission of a crime. If you weren't interogated after being taken into custody Miranda is not needed at all.

True....

Reading you your Miranda rights is NOT required until you have been arrested for a crime and they want to ask you questions.

Only when you have been arrested for a specific charge do they have to warn you that what you say will be used against you.

TV sure does screw this up all the time but it looks goodduring thecop scenes!!



As for your situation WOW!!! They hooked you up and took you to the station only to find out that it is not a crime. I guess they do not see OC that much and need a letter to the chief requesting department wide notification.

Sorry that you got hooked but you never got booked so there is no recordentry to be expunged.