Search found 8 matches

by 03Lightningrocks
Tue Feb 19, 2013 4:37 pm
Forum: General Texas CHL Discussion
Topic: Denied CHL, appeal 1 denied (spoke to mr cotton)
Replies: 44
Views: 10210

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

Keith B wrote:Charles uses a phrase when he has his Use of Deadly Force Seminars that says 'Don't let your mouth ruin a good shoot.' The same thing goes for any time you are dealing with individuals that are being arrested. Drop the bravado, don't puff up your chest once it is over, and make sure you appear to be a victim 110% so there is no question the BG was the one that was the aggressor.
100% correct. The last line of your post is EXACTLY why my situation went in my favor. The arresting officers gave reports to the DA that favored my position because of my presentation. They had no doubt in their minds that I and my son were the victims. I never made any comments that could be construed as aggressive. I never used words that resembled aggression. In fact, the only statement I made concerning my actions was that I was trying to stop the attack and get safely away from them. It was easy to say, because it was the truth.

Many years ago I read several articles written by Massad Ayoob for the NRA magazines. I learned a lot from his writings and utilized what I read. I know it saved my bacon. I believe the worse thing we can do is act as if we were trying to "get even" or "take a person down". We should never express any form of anger. That will get you an extra dose of stink eye!
by 03Lightningrocks
Tue Feb 19, 2013 3:13 pm
Forum: General Texas CHL Discussion
Topic: Denied CHL, appeal 1 denied (spoke to mr cotton)
Replies: 44
Views: 10210

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

RPBrown wrote: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)

That is what I would call... Been there... Done that... Got the tshirt! That situation stinks but is more common than many folks realize!!!
by 03Lightningrocks
Tue Feb 19, 2013 1:25 pm
Forum: General Texas CHL Discussion
Topic: Denied CHL, appeal 1 denied (spoke to mr cotton)
Replies: 44
Views: 10210

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

Keith B wrote:Glad to hear Steve. Congrats and hope your waiting time is short. :thumbs2:

:iagree: Congrats... :thumbs2:
by 03Lightningrocks
Mon Feb 18, 2013 10:55 pm
Forum: General Texas CHL Discussion
Topic: Denied CHL, appeal 1 denied (spoke to mr cotton)
Replies: 44
Views: 10210

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

snorri wrote:Wisdom sometimes comes from experience but all too often experience comes from bad judgement.
I think I like that. I may have to use that one on my employees. :mrgreen: I hate to steal but you did toss it out there.
by 03Lightningrocks
Mon Feb 18, 2013 9:59 pm
Forum: General Texas CHL Discussion
Topic: Denied CHL, appeal 1 denied (spoke to mr cotton)
Replies: 44
Views: 10210

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

G26ster wrote:
03Lightningrocks wrote:Socioeconomic factors play a very heavy roll in plea deals much of the time. I will bet dollars to donuts that the majority of bum plea deals accepted in our great country are accepted by people of lower income status.

Standing up tall on the Internet and proclaiming one would never accept a pla bargain for a crime they did not commit is real easy to do. It is however, NOT REALITY. It is also a luxury that only the wealthy can enjoy.

I have an idea. How about we all share real stories of our criminal charges, how we proved our innocence and what the total cost was. Everyone else... Well.... Just hope and pray you never find yourself facing that very difficult choice.

I will start. Two counts... Aggravated assualt and attempted murder. Possible sentence... 30 years hard time. If it goes to trial... Legal expenses could easily exceed 15 grand... Appeals would be in addition. I was already down 15k for my ten percent of the 150k bond and 2500 to get my attorney out of bed. My options were to fight it and pay those bills... Or plead it out and get off with probation.... No jail time. Two kids at home... No mother or anyone else to care for them. I told the lawyer I would burn in heck before I plead guilty to opening up on those two scum bags. I had the money that allowed me the luxury of fighting it... No matter the cost.

Take that same scenario and a public defender while I am sitting in jail with no money for bond and two kids alone at home, that I could lose to the system and what would I do? Anything I had to so I could take care of my kids!!

People!! Like it or not... Our justice system is a travesty! It is weighted in the favor of people with money! Quit talking about who shot John unless you have been there... Done that. If you have never faced a real threat of spending time in prison, don't get on a Internet forum and brag about what you would do. Would you go to jail to prove your point? You can't answer because you have not been there.

I'm done now... :mrgreen:
You come out of your shell and tell us what you really think :mrgreen:

The internet is THE modern place for folks to huff and puff about what they would do in various situations. The reality is that those who have been there (and have the T-shirt to prove it) are the only one's that really know what they would or would not do.
:iagree:
by 03Lightningrocks
Mon Feb 18, 2013 9:57 pm
Forum: General Texas CHL Discussion
Topic: Denied CHL, appeal 1 denied (spoke to mr cotton)
Replies: 44
Views: 10210

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

priusron wrote:I work in prison. There are a large number of offenders that are incarcerated because their lawyer told them to take a plea deal. I would never plea on something I didnt do. I understand the discussion but would fore a lawyer that was pushing me that way. I would then report them to the board. I am not a lawyer but my daughter is.

I would fire a lawyer that failed to give me all my options and allow me to choose. ;-)
by 03Lightningrocks
Mon Feb 18, 2013 9:43 pm
Forum: General Texas CHL Discussion
Topic: Denied CHL, appeal 1 denied (spoke to mr cotton)
Replies: 44
Views: 10210

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

Socioeconomic factors play a very heavy roll in plea deals much of the time. I will bet dollars to donuts that the majority of bum plea deals accepted in our great country are accepted by people of lower income status.

Standing up tall on the Internet and proclaiming one would never accept a pla bargain for a crime they did not commit is real easy to do. It is however, NOT REALITY. It is also a luxury that only the wealthy can enjoy.

I have an idea. How about we all share real stories of our criminal charges, how we proved our innocence and what the total cost was. Everyone else... Well.... Just hope and pray you never find yourself facing that very difficult choice.

I will start. Two counts... Aggravated assualt and attempted murder. Possible sentence... 30 years hard time. If it goes to trial... Legal expenses could easily exceed 15 grand... Appeals would be in addition. I was already down 15k for my ten percent of the 150k bond and 2500 to get my attorney out of bed. My options were to fight it and pay those bills... Or plead it out and get off with probation.... No jail time. Two kids at home... No mother or anyone else to care for them. I told the lawyer I would burn in hell before I plead guilty to opening up on those two scum bags. I had the money that allowed me the luxury of fighting it... No matter the cost.

Take that same scenario and a public defender while I am sitting in jail with no money for bond and two kids alone at home, that I could lose to the system and what would I do? Anything I had to so I could take care of my kids!!

People!! Like it or not... Our justice system is a travesty! It is weighted in the favor of people with money! Quit talking about who shot John unless you have been there... Done that. If you have never faced a real threat of spending time in prison, don't get on a Internet forum and brag about what you would do. Would you go to jail to prove your point? You can't answer because you have not been there.

I'm done now... :mrgreen:
by 03Lightningrocks
Sun Feb 17, 2013 10:47 pm
Forum: General Texas CHL Discussion
Topic: Denied CHL, appeal 1 denied (spoke to mr cotton)
Replies: 44
Views: 10210

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

baldeagle wrote:Any attorney that told me to take a deal on a charge I was innocent of would get immediately fired. Attorneys aren't gods no more than doctors are. They advise. You decide. Pay Charles Cotton to straighten out your mess, and don't give another dime to the shyster you've been dealing with - family attorney or not.

Amen to that one! In 1997 ...maybe 96... I had to utilize deadly force for self defense. My son and I were under attack. No ifs, ands or buts about it! Long story short... My attorney suggested I plea my way out to keep from risking 30 years in prison. I told him ... (I can't say on this forum what I told him...LOL.) two weeks later the grand jury " no billed the case as self defense and had a confession from my attackers( well... One of them) that cleared me 100%. Thank goodness I did not give in to fear. Trust me folks.... The threat of a long prison term can scare a person into doing almost anything. I can completely understand why a person would take a deal rather than face our "coin toss" legal system. It is truly a disaster.

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