jmra wrote:
If he wins, who actually lost? The fine law abiding citizens of XYZ community whose taxes are going to pay for the verdict. If you really want to effect change then a complaint is the way to go.
Who does the Police Department answer to again? Hmmm, I believe its those same Tax Payers.
File a Complaint and then turn right around and file a law suit, and contact the ACLU of Texas, the NRA, and the Texas Rifle Associate, Gun owners of America, and the local news (ask Lawyer first)
They started it, you finish it.
In Capitalism, Man exploits Man. In Communism, it's just the reverse
jmra wrote:
If he wins, who actually lost? The fine law abiding citizens of XYZ community whose taxes are going to pay for the verdict. If you really want to effect change then a complaint is the way to go.
Who does the Police Department answer to again? Hmmm, I believe its those same Tax Payers.
File a Complaint and then turn right around and file a law suit, and contact the ACLU of Texas, the NRA, and the Texas Rifle Associate, Gun owners of America, and the local news (ask Lawyer first)
They started it, you finish it.
handog wrote:I was told after a two year waiting period I can try to have it removed completely. With the attorneys fee and court cost it would be about $1000.00. It's crazy.
Seriously?
I was arrested on a bogus charge and beat it in court. My attorney told me that an expungment has to be done quickly after. He took care of it, and it didnt cost any where near $1000.
There is a significant difference between the two cases. In the current case, thee is a two year wait because he has not yet been tried on the charges. While the charges have been dismissed, that might be only a temporary situation. The state has two years to prosecute a misdemeanor and might refile the charges. But, the statute of limitations is one reason there is a delay in moving for an expungement when there is no trial.
In your case, you actually had a trial and were found not guilty. Since you have a right against double jeopardy, you cannot be tried twice and there is no reason to delay the expungement.
It is a little sticky and the refiling of charges almost never happens, but there have been cases dismissed for a prosecutor decling to prosecute and then brought back up later if more evidence surfaces or if a different prosecutor takes office.
handog wrote:I was told after a two year waiting period I can try to have it removed completely. With the attorneys fee and court cost it would be about $1000.00. It's crazy.
Seriously?
I was arrested on a bogus charge and beat it in court. My attorney told me that an expungment has to be done quickly after. He took care of it, and it didnt cost any where near $1000.
There is a significant difference between the two cases. In the current case, thee is a two year wait because he has not yet been tried on the charges. While the charges have been dismissed, that might be only a temporary situation. The state has two years to prosecute a misdemeanor and might refile the charges. But, the statute of limitations is one reason there is a delay in moving for an expungement when there is no trial.
In your case, you actually had a trial and were found not guilty. Since you have a right against double jeopardy, you cannot be tried twice and there is no reason to delay the expungement.
It is a little sticky and the refiling of charges almost never happens, but there have been cases dismissed for a prosecutor decling to prosecute and then brought back up later if more evidence surfaces or if a different prosecutor takes office.
Good information! Thanks for that explanation, Steve!
T.
Women's Program Match Director
PSC Shooting Club, Inc.
"I would like to see every woman know how to handle firearms as naturally as they know how to handle babies." -- Annie Oakley
I ran across this thread last night and read all the posts. I thought about what I would do, complain or sue? I am not litigous by nature but filing a lawsuit may be the only way to get to the information I would be interested in. As I understand the facts this guy was reported to the police as having a weapon exposed and was pulled over by police (several based on the number of weapons trained on him). I don't know if being in a governmenr building has any bearing on the situation since he was confronted after he left in his vehicle. I would be interested in getting to the bottom of who and how he was reported. The poor treatment by police notwithstanding, they were reacting to a report and call from a dispatcher of an armed person it appears. There is no excuse for the treatment from and comments made by these LEO's. I would sue just to get the 911 tape in discovery to get to the bottom what how his CHG was "discovered". I have a concern that any one with a CHL could be set up with a phone call to police. Was this guy set up by someone? I don't advertise that I have a CHL but there can always be a slip from a friend or relative that falls on the wrong ears. I don't think filing a complaint will get to the bottom of this. If I found out who made the apparently false report I think I wold go after them. On a different note; A pilot nintentionally flew his plane into a building in Austin. I am contacting my Congressman to pass a bill to register all private planes..................Oh! Yeah! They are registered.
KAHR PM40/Hoffner IWB and S&W Mod 60/ Galco IWB
NRA Endowment Member, TSRA Life Member,100 Club Life Member,TFC Member
My Faith, My Gun and My Constitution: I cling to all three!
puma guy wrote:I ran across this thread last night and read all the posts. I thought about what I would do, complain or sue? I am not litigous by nature but filing a lawsuit may be the only way to get to the information I would be interested in. As I understand the facts this guy was reported to the police as having a weapon exposed and was pulled over by police (several based on the number of weapons trained on him). I don't know if being in a governmenr building has any bearing on the situation since he was confronted after he left in his vehicle. I would be interested in getting to the bottom of who and how he was reported. The poor treatment by police notwithstanding, they were reacting to a report and call from a dispatcher of an armed person it appears. There is no excuse for the treatment from and comments made by these LEO's. I would sue just to get the 911 tape in discovery to get to the bottom what how his CHG was "discovered". I have a concern that any one with a CHL could be set up with a phone call to police. Was this guy set up by someone? I don't advertise that I have a CHL but there can always be a slip from a friend or relative that falls on the wrong ears. I don't think filing a complaint will get to the bottom of this. If I found out who made the apparently false report I think I wold go after them. On a different note; A pilot nintentionally flew his plane into a building in Austin. I am contacting my Congressman to pass a bill to register all private planes..................Oh! Yeah! They are registered.
The waiting room in the Government building has a one way mirror with a security guard behind it. I noticed it when I went back to photograph the non 30.06 on the doors. My CHG was at 4 O'clock when it was discovered. I was sitting in a fold out chair and the Security guard had plenty of time to stare at my back where the CHG may have been printing. The rat theory has come up here before but I highly doubt it. I have found zero enthusiasm so far from the attorneys to work with me on a false arrest lawsuit however they suggest I contact the NRA and similar other organizations as well. Thank you all for your input.
"I don't think filing a complaint will get to the bottom of this." After my meeting with the sergent-'internal affairs I think your right.
puma guy wrote:I ran across this thread last night and read all the posts. I thought about what I would do, complain or sue? I am not litigous by nature but filing a lawsuit may be the only way to get to the information I would be interested in. As I understand the facts this guy was reported to the police as having a weapon exposed and was pulled over by police (several based on the number of weapons trained on him). I don't know if being in a governmenr building has any bearing on the situation since he was confronted after he left in his vehicle. I would be interested in getting to the bottom of who and how he was reported. The poor treatment by police notwithstanding, they were reacting to a report and call from a dispatcher of an armed person it appears. There is no excuse for the treatment from and comments made by these LEO's. I would sue just to get the 911 tape in discovery to get to the bottom what how his CHG was "discovered". I have a concern that any one with a CHL could be set up with a phone call to police. Was this guy set up by someone? I don't advertise that I have a CHL but there can always be a slip from a friend or relative that falls on the wrong ears. I don't think filing a complaint will get to the bottom of this. If I found out who made the apparently false report I think I wold go after them. On a different note; A pilot nintentionally flew his plane into a building in Austin. I am contacting my Congressman to pass a bill to register all private planes..................Oh! Yeah! They are registered.
The waiting room in the Government building has a one way mirror with a security guard behind it. I noticed it when I went back to photograph the non 30.06 on the doors. My CHG was at 4 O'clock when it was discovered. I was sitting in a fold out chair and the Security guard had plenty of time to stare at my back where the CHG may have been printing. The rat theory has come up here before but I highly doubt it. I have found zero enthusiasm so far from the attorneys to work with me on a false arrest lawsuit however they suggest I contact the NRA and similar other organizations as well. Thank you all for your input.
"I don't think filing a complaint will get to the bottom of this." After my meeting with the sergent-'internal affairs I think your right.
The problem is that they don't think they have done anything wrong. A complaint will just give them something to laugh at when they are all at the next cop party. I would be real tempted to hire a private detective to investigate a couple of them. There is no way these cops aren't crooked in some way. Punks like that always have ghosts.
puma guy wrote:I ran across this thread last night and read all the posts. I thought about what I would do, complain or sue? I am not litigous by nature but filing a lawsuit may be the only way to get to the information I would be interested in. As I understand the facts this guy was reported to the police as having a weapon exposed and was pulled over by police (several based on the number of weapons trained on him). I don't know if being in a governmenr building has any bearing on the situation since he was confronted after he left in his vehicle. I would be interested in getting to the bottom of who and how he was reported. The poor treatment by police notwithstanding, they were reacting to a report and call from a dispatcher of an armed person it appears. There is no excuse for the treatment from and comments made by these LEO's. I would sue just to get the 911 tape in discovery to get to the bottom what how his CHG was "discovered". I have a concern that any one with a CHL could be set up with a phone call to police. Was this guy set up by someone? I don't advertise that I have a CHL but there can always be a slip from a friend or relative that falls on the wrong ears. I don't think filing a complaint will get to the bottom of this. If I found out who made the apparently false report I think I wold go after them. On a different note; A pilot nintentionally flew his plane into a building in Austin. I am contacting my Congressman to pass a bill to register all private planes..................Oh! Yeah! They are registered.
The waiting room in the Government building has a one way mirror with a security guard behind it. I noticed it when I went back to photograph the non 30.06 on the doors. My CHG was at 4 O'clock when it was discovered. I was sitting in a fold out chair and the Security guard had plenty of time to stare at my back where the CHG may have been printing. The rat theory has come up here before but I highly doubt it. I have found zero enthusiasm so far from the attorneys to work with me on a false arrest lawsuit however they suggest I contact the NRA and similar other organizations as well. Thank you all for your input.
"I don't think filing a complaint will get to the bottom of this." After my meeting with the sergent-'internal affairs I think your right.
Handog,
I agree with the suggestion to get the NRA involved and thought about suggesting it myself. If they aren't interested in pursuing themselves perhaps they can recommend an attorney. I have tremendous respect for all LEO's and have known many and am friends with many. Most are upstanding but as some one else stated they are human. Some are on the edge of the bell curve. I know you don't wish to identify the locale, but judging by the fact so many officers responded I have to assume it's a large metropolitan area. I would make a guess but won't out of respect. The guys you had to deal with remind me of a saying, " When small men cast long shadows, it's a sure sign the sun is setting" Good luck in what ever you decide.
puma guy
KAHR PM40/Hoffner IWB and S&W Mod 60/ Galco IWB
NRA Endowment Member, TSRA Life Member,100 Club Life Member,TFC Member
My Faith, My Gun and My Constitution: I cling to all three!
Why did this just dive off the high board to start with ?
Could have been a off duty LEO, undercover LEO, FBI, or even a peaceful CHL holder?
----EXACTLY WHO DROPPED THE DIME AND WHY???---
Could have very easily gotten someone killed,
--SO JUST EXACTLY WHY DID THE POLICE REACT SO ???? --
Was not his license plate run BEFORE the stop AND SHOWING A CHL?????
(What if they had blown away someone, even a fellow LEO?? )(Some of that 'Officer safety' you know!)
another vote to sue if you can. (all +dimedropper)
---And Go for a Totally clean record NOW. It was THEIR mistake, Not yours.
( a Real Judge can do that most likely!)
Okay, we've ruled out Podunk and we've ruled out DFW. Neither Austin, El Paso or Houston are claiming credit, which bridge did this travesty occur under or upon? How about an anonymous tip?
Oldgringo wrote:Okay, we've ruled out Podunk and we've ruled out DFW. Neither Austin, El Paso or Houston are claiming credit, which bridge did this travesty occur under or upon? How about an anonymous tip?
My guess is the Greater Scurry Metroplex!
KAHR PM40/Hoffner IWB and S&W Mod 60/ Galco IWB
NRA Endowment Member, TSRA Life Member,100 Club Life Member,TFC Member
My Faith, My Gun and My Constitution: I cling to all three!
