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by RPBrown
Tue Feb 19, 2013 2:37 pm
Forum: General Texas CHL Discussion
Topic: Denied CHL, appeal 1 denied (spoke to mr cotton)
Replies: 44
Views: 10216

Re: Denied CHL, appeal 1 denied (spoke to mr cotton)

My son was charged with assault and felony terroristic threat because he stopped a man from breaking into his tool box on his truck. The alarm went off on his truck, he told his wife to call 911 and he went out. He spun the guy around and the thief fell down (drunk). About that time the LEO pulled up. My son told him what happened and the thief was placed in handcuffs. He tried to kick my son which the cop didn't see and my son made the comment that if LEO hadnt shown up he would have whipped him up pretty good (not exact words but 12 yo rule). The officer then cuffed my son and charged him with assault and TT. After 20K in legal costs plus his bond, he was out of money and agreed to a class B misdomener on the TT and a probated sentence and they dropped the assault charges (all his choice). They gave him 6 months probation which he completed.

Now, this was a bad choice on his part, but I think a lack of common sense on the part of the LEO and DA. There were no punches thrown (witnesses confirmed to me and the LEO), and he was upset that the guy had damaged his new truck box. Can't say I would have done any different.

Bottom line is, he is a family man and had borrowed money on everything he had as well as a lot from us to pay his attorney to the point that he had nothing left and did not want to burden us any more so he took the deal, although I would have helped him more. There is something drastically wrong with our legal system to have to shell out that kind of money to defend yourself. I know some will say he could have gotten a public defender, however, in Tarrant County, if you have someone post your bond, they will not allow a public defender because if you have the money to post bond you have money for an attorney. (dont think a PD would work as hard for free either)

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