I gotta rant

[rjthehunter]

There's always some overpaid guys in the judicial system trying to further their careers and reputation at the expense of others no matter if their right wrong or not. Justice to them is whatever can put another win on their record.

Anything to get their name in the news right! ? Whether it's right or wrong.... No backbones in a lot of people.

 

[mtmuley]

I think this is what the instructor was trying to say. He just didn't say it in the right way.

My understanding is, if you shoot someone to wound them instead of kill, they'll argue that you weren't actually scared for your life and your use of deadly force wasn't warranted. You'll end up getting ripped apart on the stand because if you were actually scared for your life, you would've shot to kill. Not really something anyone wants to think about, or should have to think about.


He seemed a little... extra... If that's a good word for it.

The course I took was three days. Classroom day 1. Range day 2. Then a class with our County Attorney for all the legalities of carrying a weapon, and what would happen if you were forced to use it. We were taught that first, you did not want anyone to know you were carrying. Second, you did not want to have to use the weapon. Third, if you used the weapon, call law enforcement. Say you were in fear for your life and request an attorney. That's all. I guess fourth, he said to expect litigation. Whether it was justified or not. mtmuley

 

[brownbear932008]

Not that it actually matters at this point. His kids were playing with his phone in the back seat. They dropped the phone at some point during the chase.
They charged him after the fact with brandishing a weapon (guilty). They charged him with child endangerment because of the "loaded weapon with kids in the truck" (not guilty, it wasn't loaded until after the kids were safely in the house). They charged him with driving with an unlocked and loaded weapon in a motor vehicle (not guilty). They charged him with reckless driving, (not guilty). A kicker here is that he answered truthfully instead of asking for a lawyer. He gave permission to search the truck that was legally parked on the street. Had it been parked in the driveway, most of this wouldn't even apply. The bottom line is he was put in a dangerous situation for no fault of his own. He was at fault for flashing , not pointing, the pistol. At the time he figured to warn the guy off after the guy was exiting his vehicle. It's a bad deal that the DA is trying to make it a multi felony arrest. It's also not right that they are threatening major prison time unless he cops a plea. They have him scared shitless that he will loose everything he owes payments on if he does the minimum time and found guilty on all charges. It's not right or just that he can't stand up in a court of law to give his side of the story without being threatened with unjust punishment if found guilty on any of the felony counts. This is a good, responsible guy that the DA is doing his best to ruin.

It's a classic case of stacking charges to get a defendant to plea without a trial. Happens every day. Your friend from what I've read here is guilty of brandishing a firearm. The other charges can't be proven without more evidence. He needs a new lawyer and one that will fight for him not one that is rolling over playing politics with lawyer buddies.

 

[Redmt]

It's a classic case of stacking charges to get a defendant to plea without a trial. Happens every day. Your friend from what I've read here is guilty of brandishing a firearm. The other charges can't be proven without more evidence. He needs a new lawyer and one that will fight for him not one that is rolling over playing politics with lawyer buddies.

I think you nailed it on the head. He needs to get an out of area lawyer that has nothing to gain by kissing ass with the DA and the Judge.

 

[DouglasR]

I think you nailed it on the head. He needs to get an out of area lawyer that has nothing to gain by kissing ass with the DA and the Judge.

I don’t think that’s a good idea.

Sorry about your friend.
Make sure to check in on him, I can’t imagine going through that.

 

[Buckbrush]

It has been awhile since I had my ccw class in Utah. But from I remember they got rid of brandishing a firearm and went to straight felony. If you didn't use your firearm in a defensive of life or great boldly harm. Agian no warring shots is big no no your life is not immediate danger. shoot to stop the threat only. Sorry for my gammer but don't shoot anything other than stoping the threat.

 

[Tradewind]

there are a couple of outfits that offer insurance for concealed carry, shud you ever get into
a situation like this one. you pay a monthly fee and they defemd you with legal council, should you ever need it. I won't carry without it

 

[elkduds]

there are a couple of outfits that offer insurance for concealed carry, shud you ever get into
a situation like this one. you pay a monthly fee and they defemd you with legal council, should you ever need it. I won't carry without it

No telling what kind of representation that insurance buys you. The best use of those attorneys would be to get guidance beforehand about the realities of your legal risk in a variety of situations. Just reading the range of comments here shows how much flawed information is out there, nothing to bet your legal freedom on. This is part of why I believe CCW class needs to be refreshed, probably every 3-5 years to get renewal. The legal landscape evolves fast in this area, and as the OP described, the risks are sky high. The soundest legal advice I ever heard was: Stay out of the legal system. Against my intentions I failed to follow that advice; at the expense of my freedom, my savings, my personal and professional reputation, my personal relationships and my peace of mind. Yes, mine involved CCW.

 

[TheJason]

there are a couple of outfits that offer insurance for concealed carry, shud you ever get into
a situation like this one. you pay a monthly fee and they defemd you with legal council, should you ever need it. I won't carry without it

Is that insurance for civil liability or criminal defense?

 

[Tradewind]

Is that insurance for civil liability or criminal defense?

criminal defense

 

[longbow51]

It's a classic case of stacking charges to get a defendant to plea without a trial. Happens every day. Your friend from what I've read here is guilty of brandishing a firearm. The other charges can't be proven without more evidence. He needs a new lawyer and one that will fight for him not one that is rolling over playing politics with lawyer buddies.

Very difficult. They're for the most part a club, will argue vociferously, and then go play squash. Not many Jimmy Stewarts out there.

 

[manitou1]

It's a classic case of stacking charges to get a defendant to plea without a trial. Happens every day. Your friend from what I've read here is guilty of brandishing a firearm. The other charges can't be proven without more evidence. He needs a new lawyer and one that will fight for him not one that is rolling over playing politics with lawyer buddies.

"Golf buddies".
Fixed it for ya.

 

[Hunter4Life78]

Gang Banger in a Benz repeatedly brake checking causing now said defendant to repeatedly slowdown. Hmmmm.... Guessing California doesn't have stand your ground/castle doctrine. Should be able to be argue one's vehicle as an extension of home if stand your ground was in play.

Thinking way outside of the box here. Benz can be considered a weapon, the repeatedly brake checking could be articulated as a threat, the gang signs being thrown definitely could be articulated as threats. Children in the car I say that would be at least two counts of assault on minor children.

The obvious problem is the pistol and being in California. Did advancing Benz driver make any movements that would lead son to believe the threat was armed. I.E. reaching to waistline front or small of back. Grabbing shirt in a manner that would lead a reasonable person to believe advancing threat was accessing a weapon?

I'm stretching in the eyes of some or many, and not knowing laws in California all above is prolly moot. Hope your sons lawyer is a lawyer and not a public pretender.

 

[noharleyyet]

Cali judicial system lobbying for that important crips & bloods benz driver vote.

If the father's story checks out there should be a bounty on the other piece of shit...but the fact is, we are socio-patho-politically
upside down.

 

[KB_]

What ever happened to cops making an executive decision there on the scene when they talked to the father. Clearly cooperated, let them search his vehicle. Heard the story of what happened? Did they ask the kids what happened?

Driving recklessly is obvious a threat to life. Throw the case out, what a stupid situation.

Also, dont brandish weapons to people. Lesson learned.

 

[Redmt]

He's not my son but would gladly count him as one! Everyone should be as lucky as I am to have a guy like him around.

 

[44hunter45]

there are a couple of outfits that offer insurance for concealed carry, shud you ever get into
a situation like this one. you pay a monthly fee and they defemd you with legal council, should you ever need it. I won't carry without it

I use USCCA. $400 per year to cover me and my wife. They will retain a local counsel who is skilled in firearms cases.

Plus you get a scare mongering magazine every month and emails trying to sell you other shit you don't need.

I wonder if this is a case the NRA might take pro-bono. They have no end of well dressed lawyers.

 

[DouglasR]

I was gonna ask @vikingsguy about this, but he must’ve blocked me.
How does a creep like this get to continue being a judge?
Judges are creepy.

Judge Mark Thompson threatened lawyers with jail time prior to submitting retirement notice

On his second day back after a disciplinary suspension stemming from a disorderly conduct conviction, a Summit County judge threatened a pair of lawyers with jail time, leaving one “frightened” and “fearful,” according to court...

www.summitdaily.com

 

[DouglasR]

Or maybe he just turned into a “freak”

Judge Mark Thompson pleads guilty after threatening stepson with rifle

Fifth Judicial District Judge Mark Thompson pleaded guilty to disorderly conduct, a Class 2 misdemeanor, on Friday, Jan. 14, after he threatened his stepson with an “AR-15 style rifle” last summer. Thompson accepted a plea...

www.summitdaily.com

 

[DouglasR]

Or maybe he just turned into a “freak”

Judge Mark Thompson pleads guilty after threatening stepson with rifle

Fifth Judicial District Judge Mark Thompson pleaded guilty to disorderly conduct, a Class 2 misdemeanor, on Friday, Jan. 14, after he threatened his stepson with an “AR-15 style rifle” last summer. Thompson accepted a plea...

www.summitdaily.com

Yep, changed his screen name.
So confusing.