Failed to immediately show CHL

[roberts]

My first advise to the original poster would be to lose the high maintenance girl friend.

Unless it was really serious enough to be worth crying for 20 minutes, but then I think it's serious enough to skip the movie and any other fun plans and go home.

[agaya82]

Hi Everyone I would like to thank you for your replies I finally got my computer up but I have been checking in from time to time on my cell phone on some of the information
provided by you all and it has helped a great deal with the stress and the panic I had. I wanted to let you know that the SW M&P .40 cal confiscated from me that night was returned to me
two days later. It got taken Friday night and Sunday morning around 3 am I got a knock on my door and it was a Houston Independent School District Police officer he wanted to tell me my
gun was checked and it was clean and I could go pick it up. I was told to follow him to the HISD police station that it was held at. When I got there the police Sergeant of the investigation team was there and informed me that I and my friend were still prohibited from the premises of the movie theatre. I don't get this her and I were just talking and if I wasn't charged for lewding and not given a ticket why am I still prohibited from the premises??? smells like bull! Well besides that I was also told I would be getting a letter from Austin letting me know what will happen to my license he added that I will have to go to court. This doesn't seem right to me because a police report was filed but I didn't get any tickets or anything so I'm kind of hoping nothing will happen.

The next day I went downtown to the HPD head quarters to get a copy of the police report. The report they gave me listed me as a suspect in a Homicide investigation and in the details
for the report it said that I did not show my CHL during the scope of a prostitution investigation. There are two things I am worried about and that is, going to court for a homicide case because not only do I have nothing to do with that I don't have the time or money for hiring attorneys and going to court, and two even though Im innocent and lord knows that wasn't what was going on I would be so embarrassed to go to court for suspicion of prostitution when she was just a friend of the family. I got no tickets and didn't even get a copy of a police report I had to go get it. I thought nothing would happen since I didn't get anything but my gun back, but now I'm thinking why am I listed as a suspect; so Im wondering when it will be over. I plan to just wait for the letter from Austin before I talk with an Attorney because what if nothing happens but a suspension of my license.

I understand a little now after the police report why they might have acted the way they did but still I was innocent and we followed everything they told us to do. After they searched everything and we came off clean they still threatened like asses and that was not right. I will be searching for a criminal defense attorney incase I do get that letter saying I'm going to court and I will let it be known how we were treated to both the attorney and the court.

Again thanks for all your support I will definitely keep you updated any more information is greatly appreciated. Thank you guys very very much!


Aaron

[dicion]

Lawyer, Lawyer, Lawyer! If you don't have one now, get one. Now.
Sorry, but the second they said 'homicide investigation', this went from an annoying civil liberties tuff, to Serious Business. Like, you go to jail for long time business.

You did not have your handgun on your person, it was in your car, correct? More than, say, 15 feet away, and through 2 'doors' (car door, glovebox door)?
Then you were not 'carrying' at the time, and were not required by law to show them the CHL. Plain and simple.

In addition, in 24 days, the law changes. There are no longer no penalties for not showing your CHL, AND... this is whats important to you, any suspension actions in progress, but not complete, are to be immediately dropped. So if you do get a suspension notice, you need to request a hearing, which will put the suspension 'on hold', and then all you need to do is pass the Sept 1st line and you're good.

But I return to my original point. You did not have the handgun within easy reach of your person at the time, therefore you were not 'carrying'. Therefore, you did not have to present. Plain and simple.

Why can't they ever pick on someone who knows the law, and isn't afraid to tell them that they are wrong to their face, quote statutes by exact number, and request a supervisor right there in the field, like myself :P
(I actually have a Texas Statutes application on my iPhone that I can immediately pull up ANY Texas statute on, on a moments notice. I have all the ones that matter to CHL carry bookmarked for quick and easy access )

[Beiruty]

I guess the bull story of homicide (if it's really has no basis) is to cover the confiscation of the handgun. The prostitution investigation is to cover the incident in the theater. BTW, do not go there at all. It is a private place and they can deny you from going there for any reason.

You will be in the clear. No arrest, not charges. Everything else is just a report to cover the bull.

Aand, I am not a lawyer.

[A-R]

(I actually have a Texas Statutes application on my iPhone that I can immediately pull up ANY Texas statute on, on a moments notice. I have all the ones that matter to CHL carry bookmarked for quick and easy access )

Quick thread hijack ...

You just gave me a GREAT REASON to seriously consider on iphone for my next cell phone. What is the name of the app ? I may get a friend who already has an iphone to download it and let me check it out.

... ok, back to regularly scheduled forum topic.

[stroo]

You really need to talk to a lawyer about this. The initial consultation won't be that expensive and a lawyer will be able to ask you the proper questions to at least let you know whether you are in any serious trouble or not. It will be cheaper in the long run than trying to handle this by yourself.

BTW, I am a lawyer but not a criminal lawyer. Nonetheless, I have seen people messed up pretty bad by trying to handle criminal accusations without a lawyer.

[dicion]

(I actually have a Texas Statutes application on my iPhone that I can immediately pull up ANY Texas statute on, on a moments notice. I have all the ones that matter to CHL carry bookmarked for quick and easy access )

Quick thread hijack ...

You just gave me a GREAT REASON to seriously consider on iphone for my next cell phone. What is the name of the app ? I may get a friend who already has an iphone to download it and let me check it out.

... ok, back to regularly scheduled forum topic.

There's Actually 2

Texas Statutes - ALL Statutes... you need a 3GS for this, seriously.. lots of memory hog here. It'll run on a plain jane 3g, but not well at all. 3GS, no problem.
and
Texas Penal Code - Smaller, and just has all the penal code stuff.

I have them both.

[boomerang]

I think this is one of those times when patience is a virtue.

If DPS sends him a notice to suspend his CHL then I agree he should get a lawyer instead of requesting a hearing on his own. But if DPS doesn't pursue a suspension for failure to display (my guess with 9/1 just around the corner) I don't see any benefit to stirring up trouble with DPS.

Maybe it's worth talking to a criminal lawyer just for peace of mind. But it sounds like he hasn't been arrested or charged with anything. They returned his handgun the same weekend. Unless he's itching for a fight, I don't see any benefit to stirring up trouble with the local PD.

But definitely stay away from the movie theater. It sounds like you were given notice and returning there is trespassing.

IANAL

[rbraughn]

Why did HISD have your gun if you were at a movie theater outside of their primary jurisdiction?

Why did they wait 2 days only to come to your house at 3am?

This story is sounding fishy

[Kevinf2349]

You answered a knock at the door at 3am.

What the heck were the police thinking knocking on a door at 3am for what was essentially an adminstrative matter? That could have got ugly real quick.

At our house I would have been straight on the 911 line, the dog would be going crazy and 'the plan' would be at def con 4!

[joe817]

You answered a knock at the door at 3am.

What the heck were the police thinking knocking on a door at 3am for what was essentially an adminstrative matter? That could have got ugly real quick.

At our house I would have been straight on the 911 line, the dog would be going crazy and 'the plan' would be at def con 4!

Yes it could have. and I would have reacted the same kevin. But I would also have flashlight in one hand and gun in the other. I wouldn't have opened the door, but talked THROUGH the door, while keeping our 2 dogs at bay.

[Purplehood]

This is bizarre. Where is Paul Harvey when you need him?

[AWB09]

I'm calling 911 if someone starts pounding on my door in the middle of the night.

[joe817]

I'm calling 911 if someone starts pounding on my door in the middle of the night.

ABSOLUTELY!

[dicion]

I'm calling 911 if someone starts pounding on my door in the middle of the night.

ABSOLUTELY!

I'd do that, and stand off to the side of my entry hall out of sight of the door with the 12GA ready in case they pound through it :)

My handgun is in my nightstand, and it's job is to get me to my gun safe. (all of 10 feet away in a closet) Once I'm at the gun safe, and they're still not inside, I transition to the 12GA :)