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love it when people bring up past stuff as if it's even relevant to today.. yep, had reckless driving in past, one thing in my many yrs on planet earth.. Now, if you want we can go into detail on that case.. But that was then, and I hired a lawyer and the outcome was ok, but not all that.. but lets let sleeping dogs lie. I did what was required of me.. Now is now.. I come here to ask cause it seems like best place to do so.. but I am always looking at this whole site, love the info, but not much of an advice giver myself as most things I haven't any experience in, so why yap if I don't know? I am basically a nerd, but not with law matters.. so I came back and posted here to get a feel of the situation.. I can tell you all I never had no trouble like this in all my 40 some yrs on earth.. I am not a trouble maker, I didn't even know the name of the complainant til I saw it on the report.. To me it makes no sense someone can claim bull**** and I be in some trouble from that alone.. Don't you need, I don't know, proof? I still don't get it.. I honestly own nothing like was described.. So why pay for a lawyer I can't afford when it's maybe likely it will get dropped? If I need a paid lawyer, I will for an appeal.. all I can do, right?
Well, I wanna know how can a person be charged with pointing a firearm they don't even own? Some people near were I live claim I pointed a particular type of gun at them that they described to police.. I didn't point any gun at all, and don't even own this type of gun at all, and don't even know the people, etc (they tried to start trouble on my property and all I did was go out and tell they to leave, no gun in my hand). So how it is I get arrested, picture put in one of them busted magazine you find in a local gas station and have a trial date set.. Someone tell me how this all is even possible? Don't you have to have proof, like maybe the gun described as evidence? Btw I live in VA, in Lynchburg.
Quote:
Originally Posted by deestin1972
...To me it makes no sense someone can claim bull**** and I be in some trouble from that alone.. Don't you need, I don't know, proof? I still don't get it.. I honestly own nothing like was described.. So why pay for a lawyer I can't afford when it's maybe likely it will get dropped? If I need a paid lawyer, I will for an appeal.. all I can do, right?
1) We've only heard your side. I wasn't there, but I'm always amazed at how an incident always sounds completely different after the other person provides their perspective. Before I'd be willing to jump and commiserate on how you were framed I'd like to hear the other side. And this works both ways; at the time of the complaint, the police had only heard one side of the incident. How you tell your side is important. This is why both the accuser and the accused get to testify in court.
2) The police don't need proof to make an arrest; they only need probable cause. Two "witnesses", especially if they embellished what happened, could work for that. Proof is needed for a conviction, but that doesn't come around until you arrive in court.
3) We don't know what you did when the police arrived. It's possible you were friendly and cooperative. It's also possible you started yelling and cussing at the police. Maybe they crashed into your house, weapons drawn, and threw you on the floor. Maybe they politely knocked on your door to discuss the complaint, you went off on them, and they made the decision that you were the type of person to pull a gun on someone.
All the advice given here is worth exactly what you paid for it. So is your lawyer. PD's are overworked and aren't very good in general. If you get a felony conviction, even with no jail time, you will never own a gun again and will have trouble finding work for the rest of your life.
I know someone with a pending one of these and I know for a fact they didn't point a gun at anyone. Some meatheads riding motorcycles simply some some guys with guns (Deer season) and called the cops, then lied about what they saw.
It sounds like it will be thrown out but they aren't getting their money back for the Attorney. The DA is simply dragging it out too. But with a gun it appears you are guilty until you prove innocent.
Aggravated Assault deadly weapon. (Pointing a firearm at someone)
Quote:
Originally Posted by deestin1972
love it when people bring up past stuff as if it's even relevant to today.. yep, had reckless driving in past, one thing in my many yrs on planet earth.. Now, if you want we can go into detail on that case.. But that was then, and I hired a lawyer and the outcome was ok, but not all that.. but lets let sleeping dogs lie. I did what was required of me.. Now is now.. I come here to ask cause it seems like best place to do so.. but I am always looking at this whole site, love the info, but not much of an advice giver myself as most things I haven't any experience in, so why yap if I don't know? I am basically a nerd, but not with law matters.. so I came back and posted here to get a feel of the situation.. I can tell you all I never had no trouble like this in all my 40 some yrs on earth.. I am not a trouble maker, I didn't even know the name of the complainant til I saw it on the report.. To me it makes no sense someone can claim bull**** and I be in some trouble from that alone.. Don't you need, I don't know, proof? I still don't get it.. I honestly own nothing like was described.. So why pay for a lawyer I can't afford when it's maybe likely it will get dropped? If I need a paid lawyer, I will for an appeal.. all I can do, right?
Your a fool not to hire an attorney sorry for being so blunt but your playing with fire on this appeals are limited to the original trial so if you try to appeal it can only be about what your original trial was about not new evidence unless the DA or court kept evidence from being presented. Anything you find after the fact of the first trial will be ignored if it wasn't part of the original trial. Such as other witness testimony of others who were there. I would borrow the money for a real criminal attorney and fight now not later on appeal. If you live in a liberal anti gun area of the country jury's will believe the person even if he can't describe your gun. You could very well lose your rights for life owning a firearm. You understand how hard it will be to get a job in the future for a Felony convection on your record. Lot of employers even question misdemeanor convection.
Last edited by kell490; 06-11-2016 at 03:13 AM..
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