Please help

[gabe]

Ok so my cousin from pennslavina came down to start school here in Texas he's 19. So his third day here last night he gets pulled over for broken tail light and the officer asked him if he had any weapons in the car. He answered yes ....

Why? Why would someone do such a thing?

Which one? Ask an irrelevant question or tell the truth to the police?

[bdickens]

Ok so my cousin from pennslavina came down to start school here in Texas he's 19. So his third day here last night he gets pulled over for broken tail light and the officer asked him if he had any weapons in the car. He answered yes ....

Why? Why would someone do such a thing?

Which one? Ask an irrelevant question or tell the truth to the police?

Answer an irrelevant question.

[gabe]

[couzin]

Your cousin wouldn't have been - by chance - on campus (or within the imaginary boundary buffer zone) when he got pulled over??

[flb_78]

He was not on a college campus. This happened in Dalhart.

[Johnwatson]

Ok here's an update my cousin was pulled over in a non regulated area by a city police officer. My cousin does hold a valid tx DL, the law in Texas on buying a handgun is you can begifted one at any age, you can buy a pistol at the age of 18 via private sale, but to buy one through a dealer you have to be 21. We talked to our attorney who has been doing this area of law for 40 years he said the DA should drip the charges If not it will be an easy win in court. But I asked about a civil suite and he advised that if the charges are dropped or we win the case it wouldn't be the best to do because it would be hard to win or even get anything worth wile out of it.

[glbedd53]

I can believe you couldn't get anything worth while out of it, but why wouldn't it be easy to win? Also can you say what dept. arrested him?

[JNMAR]

Ok here's an update my cousin was pulled over in a non regulated area by a city police officer. My cousin does hold a valid tx DL, the law in Texas on buying a handgun is you can begifted one at any age, you can buy a pistol at the age of 18 via private sale, but to buy one through a dealer you have to be 21. We talked to our attorney who has been doing this area of law for 40 years he said the DA should drip the charges If not it will be an easy win in court. But I asked about a civil suite and he advised that if the charges are dropped or we win the case it wouldn't be the best to do because it would be hard to win or even get anything worth wile out of it.

These kinds things happen all too often and not just in matters concerning firearms and our RKBA areas. If he's wrong about the arrest, the LE should personally be responsible for paying all associated attorney's fees and expenses resulting from the UA as well as punitive damages. And if I was in charge, it would cost him his badge and certification...I'll say it again, accountability is a two way street. These kinds of things result in spawning attitudes that are anti-LE and shouldn't be allowed to happen without a very stiff price to pay for it.

[NTexas_V-Star]

Ok here's an update my cousin was pulled over in a non regulated area by a city police officer. My cousin does hold a valid tx DL, the law in Texas on buying a handgun is you can begifted one at any age, you can buy a pistol at the age of 18 via private sale, but to buy one through a dealer you have to be 21. We talked to our attorney who has been doing this area of law for 40 years he said the DA should drip the charges If not it will be an easy win in court. But I asked about a civil suite and he advised that if the charges are dropped or we win the case it wouldn't be the best to do because it would be hard to win or even get anything worth wile out of it.

These kinds things happen all too often and not just in matters concerning firearms and our RKBA areas. If he's wrong about the arrest, the LE should personally be responsible for paying all associated attorney's fees and expenses resulting from the UA as well as punitive damages. And if I was in charge, it would cost him his badge and certification...I'll say it again, accountability is a two way street. These kinds of things result in spawning attitudes that are anti-LE and shouldn't be allowed to happen without a very stiff price to pay for it.

Very well said, sir!

[Johnwatson]

Well we revived a call from the police tonight and they asked us to come to the station to talk. So we asked if we should have our attorney present he said that won't be needed. So we get their and they tell us that they are dropping the charges he revived his firearm back and will get his bail money back. They said because it's a newer law and it's a gray area they made a mistake and their sorry. So this whole thing is over we won't persue this matter no further once we revive the bond money back. Thank y'all for you help and support and I hope this doesn't happen to anybody else all cops should be aware of this law.

[texjames]

Thats good news. The bondsman said he would refund the money or the cops just said he would?

[Johnwatson]

No I paid the full bond in cash to get him out I don't ever use bondsmen waste of money. If you can cash bond yourself or the person in jail it will save you money.

[Afff_667]

Great news!! Thanks for sharing your story and for the relevant comments posted by others. Best of luck to your cousin.

However, I most definitely would have taken my attorney with me when meeting with the police in this situation. There's a reason you were advised by the police that your attorney wouldn't need to be present for the meeting; very simply, the police didn't want your attorney there. They made a big mistake, knew it, and wanted it to go away with as little fanfare as possible....They relied on their assumption that you and your cousin would be so relieved to resolve the matter that you'd walk out as happy campers and chalk the whole thing up to "life."

What about the arrest? Does that stay on your cousin's record, or does it go away like it never happened? That would have been a good question/issue (among others) for your attorney to ask/raise.

I support LEO, but I agree with an earlier post that there has to be accountability going both ways.

[Johnwatson]

Everything that he was charged with is gone nothing will show up on his record and he revived his pistol back and I will get the bond money back that I put up for him to get out. Either way I don't think we were going to file a civil suite because they are very costly and not very rewarding in the end. So no attorney needed at the station plus I know enought about the legal process to get by on stuff like that. Thank you all for your comments suggestions and support.

[glbedd53]

I can't speak from personal experience but it seems like you hear of a lot of these things that are dropped and clear and everything goes away like it never happened but somehow it pops up again later and dogs you for years. I think I would do a little more follow up with the lawyer.