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Discussion in 'The Classroom' started by poppasteel, May 16, 2012.

  1. poppasteel

    poppasteel XDTalk Newbie

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    Fml
     
    Last edited: May 17, 2012
  2. ErichF

    ErichF XDTalk 500 Member

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    Sorry, buddy...but I think you are screwed. Three against one and no witnesses on your side. The only thing I see is that they can't pin you with a deadly weapon as the gun was unloaded, and therefore not "deadly". However, who are they gonna believe that it was truly unloaded.

    You're only way out of that situation (after the fact) would have been to call 911 IMMEDIATELY after the incident and report the encounter fervently declaring you feared for your life and displayed your UNLOADED firearm to stop the threat.

    At this point, it's your word against theirs, and you were the "gunman." I would contact the NRA and find the best gun defense attorney you can afford. I'm assuming your are out on bond?
     
  3. Vhyrus

    Vhyrus XDTalk 500 Member

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    The last time I checked open carry was outlawed in CA. It's apparently a misdemeanor though.

    California gov. signs bill banning open carry of handguns - Political Hotsheet - CBS News

    We need to know what you are specifically charged with. It can't be simple OC cause that's not a felony.

    The truth is you are going to have a hard battle because it is Kali first off and secondly you stopped to get into a fight with this guy. If you had kept going and flipped him off on the way past you wouldn't be in this situation. If this is felony territory you need a lawyer right this second.
     
  4. Minkman555

    Minkman555 XDTalk 3K Member

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    I didn't think any carry was legal in CA.

    Horrible situation , but you should have called 911 after the threat ceased.

    Call a lawyer.


    Sent from my iPad 3rd Gen. using Tapatalk HD
     
  5. Carnivorous

    Carnivorous XDTalk 5K Member Founding Member

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    Call a lawyer.

    Saving money now will cost you more money later. ESPECIALLY since you're being charged with a felony.

    I'm sorry - good luck.
     
  6. Thunder71

    Thunder71 XDTalk 2K Member

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    Talk to your lawyer.
     
    Last edited: May 21, 2012
  7. OKcherokee

    OKcherokee XDTalk 20K Member

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    Sigh.

    Call a lawyer.
     
  8. Bonehead

    Bonehead XDTalk 15K Member

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    Indeed. I respectfully second the suggestion that you S T F U about it and only speak about it to your legal team.
     
  9. Whitebrad25

    Whitebrad25 XDTalk 1K Member

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    I see the logic here. Especially the non-bolded part.
     
  10. Excalibur01

    Excalibur01 XDTalk 100 Member

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    I've heard about this before. If you don't report an incident, you are screwed
     
  11. gsh341

    gsh341 XDTalk 5K Member

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    STOP POSTING ABOUT THIS ANYWHERE!!!

    DO NOT MAKE ANOTHER COMMENT ON THIS AND CALL A LAWYER!!

    In case I didn't make myself clear...

    SHUT UP AND GET LEGAL ADVICE!!
     
  12. poppasteel

    poppasteel XDTalk Newbie

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    Yup
     
  13. Mr. Anthony

    Mr. Anthony XDTalk 100 Member

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    Go to an attorney. Go directly to an attorney. Do not pass Go, do not talk at all about it online. Do not F around with potential felony charges. Period.

    This is coming from an attorney.
     
  14. Mr. Anthony

    Mr. Anthony XDTalk 100 Member

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    Yup
     
    Last edited: May 21, 2012
  15. TStick

    TStick XDTalk 100 Member

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    Get yourself an advocate.
     
    Last edited: May 17, 2012
  16. Clint_Beastwood

    Clint_Beastwood XDTalk 1K Member

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    Obviously you should seek legal advice:

    ***This forum and the posts within do not constitute legal advice.***


    Good luck, however.
     
  17. apamburn

    apamburn XDTalk 500 Member

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    Yeah...

    delete this post immediately and contact an attorney.

    You're going to need it.

    I will withold my opinion because I don't want the state's prosecutor to find this forum and read my critical post and say "see? Even other gun nuts disagree!"

    Good luck friend.
     
  18. xd40xd

    xd40xd XDTalk 100 Member

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    Delete this thread. Good luck and get a good lawyer
     
  19. poppasteel

    poppasteel XDTalk Newbie

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    Ya how do I do that exactly
     
  20. Jeanjacket

    Jeanjacket XDTalk 500 Member

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    PM a mod. Edit all your posts to say nothing until this gets deleted (you can go back and edit every post).

    That being said, til this gets deleted, I just plain have to say that the "foolish" part was not in not calling the police after you left (sure that was something you probably should have done in hindsight). As others have clearly said which you do not seem to wish to admit, and probably should not for legal reasons (or perhaps do not even understand), the extremely "foolish" part was stopping period.

    I only point this out because I do not wish this situation to befall anyone who would try to make the claim of "self defense", when people already have a skewed perception of what self-defense is without it being muddied by a situation like this where you had ample opportunity to extricate yourself from a bad situation -- several times.

    Admittedly or not, consciously or not, because of your sense of pride, you put yourself in that situation, a situation that did not necessitate your presence EVER, you chose not to leave it, as such you face the consequences. I ride too, even IF you did foolishly stop, I know how quickly you could have left that scene at any point in time whatsoever, without ever drawing a weapon. "I got off my bike to defend my-[pride]-self" does not fly with me. The moment he started coming at you you could have been gone in a second, but you chose not to leave.

    A good prosecutor will find this thread; get rid of it. (May still find it cached elsewhere on the internet as well. The sooner it's gone the better.) It is incriminating and shows an ignorance of the law, and ignorance is not a defense in a court of law.

    I am sorry for your situation. Best of luck to you.
     

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