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Discussion Starter #1
Howdy yall,

Yall may not have noticed my several month absence. But I'm back now in a way.

Just before Thanksgiving last year, I was arrested for carrying a concealed pistol and concealed weapon (knife) in my vehicle.

There was much bullshit, because in Florida its a felony etc etc..

I was instructed to avoid internet forums etc etc for any reason until this way all done with.
Then in March my actual computer took a crap... so I've been using borrowed time on friends computers to check emails and stalk whats being posted.

But today its all changed, I walked out of the Court room a free man with all the charges dismissed.

the stress was killer.... I'm glad its gone....

Thanks to all who knew about this and had some words of wisdom and support..

~Cas'
Mike S.
 

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I'm glad all went your way Cas. Are you able to expound on your experience or is it better left alone? Inquiring minds want to know.
 

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Wow, I had no idea. Especially interesting since I thought Florida was such a "gun friendly" state.

Anyway, welcome back!
 

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SpecialEd said:
Wow, I had no idea. Especially interesting since I thought Florida was such a "gun friendly" state.
Several seemingly gun-friendly, Southern states have some pretty tough laws. Tennessee is particularly a trap.
I'm glad things turned out well for you and welcome back.
 
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Discussion Starter #5
The Short but Expanded story is:

1: got caught doing 50 in a 35 MPH....
2: According to the Officers Deposition Testimony, he saw my NRA sticker on my truck, so the 1st thing out of his mouth was not "license and registration", but "Do you have a Firearm on you?"
3:I had it in a holster with a strap over the grip. on the floor board behind the driver seat... (according to Fl, state statues that defines it as 'securely encased')
4:the Officer asked where is was, I said, "on the floor in the back") (i drive a ext cab F250)
5:He baited me into movement when he asked if it was "in that black box?" (I had a spotting scope box on my back seat)
6: At the time, I didnt know exactly what box he was talking about, so I stupidly gestured "no not there... but here..."
7: Officer freaks out... because he can no longer see my right hand...
8: I exit vehicle under orders...
9: Cuff's....
10: he secures gun, takes pictures... and off I go...
yada yada yada.....

his argument is that he believed it was readily accessible at its location in my vehicle... though that would only be true if the gun was not in a holster with a strap snapped closed over it.... so later he adds 'the snap was undone'. though there is no picture evidence of the gun or holster... and in the deposition, he admits that "he really doesnt know if it was unsnapped, but he's pretty sure"...

so.... many many months later and tons of stress...

The End.
 

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I no longer put the NRA sticker on my vehicles.

It almost says "Gun Inside" to a cop.

What happened to "Any reasonable doubt" where the cop wasn't sure the thing was strapped in or not?

Kind of disappointed to hear you had to go through all that stuff. Sounds like alot of BS to me.

Long story too, but I had one stolen while I was in a "NO carry" state. Felt I had to report it even though
I thought I may get arrested. The young cop was great. Made out his report, gave me his card and I left.
 

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WOW! And this happened in gun friendly Florida. Even here in NY you can have it in the car, under the seat, in the glove box, in your waistband, etc. As long as you have a concealed weapon permit.
 
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Discussion Starter #11
Charlie Petty said:
Don't you have a FL CCW?
no CP i do not. And to that fact, It wouldnt of helped as I did not have t on my person. it was on the floor board behind the drivers seat.. the whole issue was that it wasnt securely encased (because of the strap)... according to the officer...

As soon as I sensed it going south, I clammed up... Nothing to say but 'lawyer...'

:boohoo:
 

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$25 per hour.
I fear a lot would be overpaid... :(

Cas... In my state we allow open carry so if the weapon is in plain sight it is fine. If it's in a seat pocket or glove box a CCW permit would cover it.
 

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Skeptic49 said:
Geoff
Who wants to limit the fees of lawyers to $25 per hour.
Ahh! The same mentality as the Big Brother regime, which wants to limit pay for physicians, surgeons, medications etc., guaranteeing mediocrity in medical care.

It's easy t knock lawyers (I've done my share of it myself) until you need one. At that time you may wish for more that bargain-basement rates.
 

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Good to see you got that all cleared up, Mike. Maybe I'll see you at the next shoot?
I thought the State had to reimburse costs and fees when they lost a case. I'm probably wrong, but if you can you should see about that.
 

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Cas, what a story, wow!!! Glad things turned out okay. As for limiting the pay of lawyers to any dollar amount per hour, as someone who has worked for the legal community for the past 23 years, mostly in secretarial, computer operation and some straight up assistant capacity, let me address an issue here. When you see a statement that a certain attorney gets $600/hr. for his services, it may look good in the press, and elicit gasps from people who are impressed by everything from designer ties to boutique cupcakes, but it's not all it's cracked up to be. That $600/hr. figure is what THE FIRM gets for that attorney's services, which INCLUDE paying people like me $25 an hour for MY services working on the cases that attorney gets to handle. Sure, those attorneys are rich, and they get a hefty amount of that dollar figure plus a whole lot more in benefits when they're in that kind of prestigious position, but they climbed a mountain to get there. It's also true that when you need good legal help, you'll be hoping for someone in that position as opposed to a youngster or inexperienced small-time attorney. Are lawyer's fees out of whack in this country? Of course, but what ISN'T out of whack in this country? When we ALL settle down, then everything around us will.

We live a Carnival Culture, with a Clockwork Orange youth base, and Casual's story is actually a pretty good indication of just what a carnival we are. It's a lot messier getting out of the state this country's in than just reducing lawyer's fees to the point where no one will ever want to become an attorney again. THEN, see how we like not having them around. The Founding Fathers made this a nation of laws and procedures in part so folks like Casual can get out of the stupid scrapes that come along in life. I've been through some REALLY stressful times over the past two months involving law and procedures, bureaucracy, first overseeing my father's last days, and now dealing with some very complicated matters of his estate. I'm not going to jack this thread to get in to it, but let's all remember to be thankful for the fact that we have law and procedure in this country, and some crackerjacks who can help us out of the darkened mass that can result when faced with difficult situations in life.
 

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Unfortunately, the legal profession is no longer a free and independent employment. The lawyers have made themselves a REQUIREMENT, even for such simple things as filling out a form. See John Stossels book.

Therefore, they have assumed the mantle of "Officer of the Court" and just like the public utility Ma Bell used to be, we the people, who despite much evidence to the contrary, still own the courts, have every right and responsibility to set their prices.

Geoff
Who points out the obvious.
 

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Of course, in theory and on paper. Let's see who wins the next Super Bowl, or the next important mid-season game, based on "on paper" and "in theory." I'll echo the words of a former acting resume service client of mine. He eventually made it big, became known as Big Pu__y on a TV show called The Sopranos. On his way up, he played a lot of characters, including one in a John Gotti based movie where he uttered the line, "if I need a lawyuh, I'm gettin' me a Joo lawyuh." Uh yeah, I've always opted faw dose Joo lawyuhs myself, and in seccin' place comes dem Eyetayian lawyuhs. Neither comes cheap. In addition to living in a Carnival Culture, Clockwork Orange Yoot Society, we also live in a "you get what you pay for" society.

And we DO!!! I have no objection to the next lawyer I hire getting a new boat based on the proceeds of my case. Just do the best you can for me, and leave me thinking I got my money's worth, that's all.
 
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Discussion Starter #19
The lawyers I used worked on a flat rate basis, X amount for a misdemeanor charge, Y amount for a felony charge.

I was able to make the payments of
1:Retainer.
2:3 equal payments for 1 felony charge (as the 2nd misdemeanor was never filed)
3: The officer missed the 1st deposition, so that cost me extra
4: To expedite the deposition transcript so we could prepare a motion to dismiss cost extra

Thats what I've covered to date, minus the fact i missed work a few days for court appearances.

I'm working on getting this all expunged without a lawyer... the lawyers want 750$ more to do it.. when i can do it for under 200. I'm currently waiting for the states attorney to review the papers.

The lawyer tab is just in the 6K$ area.

Its all over though, i'm happy... in a way...
 

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Welcome back, Cas. I'm sorry for the trouble, hope you're able to get the charges expunged without any further lawyer fees.

$6,000! Sheesh! But he did get it all dismissed. I know it might seem like it was a no-brainer, but believe me, the law is never as simple as it reads. All kinds of crap can happen in cases that seem straightforward.

Good luck to you, bud.
 
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