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Author Topic: Talked to an attorney today.. Got some good news and some bad news  (Read 636 times)
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Strangerous
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« Reply #15 on: November 03, 2009, 11:50:02 PM »

PS: Tell your attorney you have told over 3000 people about your problem, maybe up to 5,000 people if you count the visitors that have read your posts. Be sure to tell him you've admitted to leaving your vehicle to draw a pistol on a man on his own property... BY YOUR OWN VOLITION.

Stop before you type yourself into a prison sentence.
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milcop2009
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« Reply #16 on: November 04, 2009, 04:59:57 AM »

I just realized something... And you can thank Strangerous for it. But instead of venting.. I'm just gonna drop out of the forum. Trying to get ahold of Primal so he can shut down my profile (it'll probably be after his move, but that's fine.) I have learned alot about carrying and guns in general. Not to mention all of the laughs... I don't understand why I am being persecuted for doing the right thing... But I do know that I wasn't trying to impress the old lady, I'm not a hot head and wasn't gonna take the chance on letting an admitted wifebeater  who has threatened bodily harm numerous times to me, my fiancee and my child get near my family. I got enough crap to deal with.. If I wanted more, I'd go talk to my mother about this and let her *****!
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« Reply #17 on: November 04, 2009, 06:51:28 AM »

problem is deleting your profile and this thread doesnt look good either, if they already printed it it looks like you already hiding it happened....

just stop typing
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clipsch
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« Reply #18 on: November 04, 2009, 08:13:44 AM »

posting about it here:
I seriously doubt the prosecution will be able to find your posts, and then link you to them, unless someone on their side leaks the information to them. daddy doesn't know you're on here does he? if the police seized your computers and such, maybe they'd have something. but I don't think they'd get a warrant to do that. anyway. back to the case and issue.

the issue:
yeah an unarmed combat situation is tricky. if they're unarmed, and they're not obviously larger than you (little old lady vs big strong robber situation, for instance), or you don't have some reason to think they intend to kill you or seriously injure you (I believe the serious injury part depends on state law), then it's illegal to pull a gun. however, if you don't pull the gun and engage someone in a fist fight/wrestling match, there's a very good probability that they could subdue you and then take your gun, or just grab it out of your holster, at which point they could easily kill you, and then you'd have cause to pull your gun... but you don't have one anymore, and even if you did it would likely be too late. it's a bit of a catch 22. this is a good example of when merely showing a holstered weapon can be enough to stop someone while remaining legal.

the case:
when you say "admitted" wife beater; does he have any criminal record? if so, that should help you. if he's made threats against you in the past, that should help you. if your fiancee can testify that daddy did indeed pose a risk of injury to you, that should help you. but you said he "charged us" and then you "got out to stop him". what do you mean he charged? just ran at the car? IMO it would have been a lot easier for you to just drive off if he was running at the car with you in it, instead of getting out and then drawing. if he charged you with another car, that could be considered a dangerous weapon, but you wouldn't be able to do much to stop him with your pistol.

IANAL!
« Last Edit: November 04, 2009, 09:01:21 AM by clipsch » Logged
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« Reply #19 on: November 04, 2009, 08:50:12 AM »

Heh wow, posting to popcorn this thread.
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« Reply #20 on: November 04, 2009, 10:41:01 AM »

"Oh to DR we will go, to DR we will go......"
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« Reply #21 on: November 04, 2009, 10:52:13 AM »

Why would you want to join law enforcement?It's just enforcement now that's all.i couldn't join a gang
that hurts and kill's their own people and in the end will be a big part the nwo.anyway i hope everything
work's out for you.ps,i dont dislike all cops just 90% of them and my brother is one.
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Strangerous
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« Reply #22 on: November 04, 2009, 06:11:13 PM »

Don't run off quite yet milcop, I want to know how you make out in all of this.
Wishing you the best!
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PrimalSeal
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« Reply #23 on: November 04, 2009, 11:43:19 PM »

I am going to chime in here to say this: If you don't have words to encourage a distinguished member of our forum, OR are posting to see him come to harm, you have no right nor reason to post in this thread.


This situation is something of a sticky sort, as admitted by the OP. Unless you're offering help on the legal front, or encouragement to offset his mental anguish, STFU or GTFO! Legal decisions are made by lawyers, verdicts are made by Judges and Juries. Unless you are personally are called to serve in such offical capacity in this particular case, I don't see how your "opinion" matters in any stage of this process.

Is this understood?
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Strangerous
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« Reply #24 on: November 05, 2009, 12:28:49 AM »

This entire forum is based on people giving their opinions on all kinds of matters. I gave my opinion, and it hurt someone's feelings. I publicly apologise to milcop if I've offended him in any way, but that doesn't change my opinion. If you read the post I made right above yours Primal, it clearly states:
"Don't run off quite yet milcop, I want to know how you make out in all of this.
Wishing you the best!"

I do not know how much more sincere "Wishing you the best!" can be, but it was the best thing I could think to type at the time. Milcop needs to know that making public statements such as on a public message board/forum about pending criminal proceedings is a huge misstep, ask any lawyer worth his salt - He'll tell you the same.

Recap:
-Opinions drive this community, for the better - for the worse.
-I was stating my opinion, as does everyone else.
-I apologize to Milcop - publicly - If I had embarrassed/offended him.
-I had posted previous to your intervention to not run off, that I wanted to know how he makes out in this, and that I wished him the best.
-I also gave him help on the legal front, in 2/3 of my posts in this thread.

If that's not being a supportive member, I don't know what is... as when I started out here nobody had any qualms about calling me a dumbass, making smartass comments, or filling my threads with garbage. I'm here trying to protect a man from himself, and this is the thanks I get?
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PrimalSeal
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« Reply #25 on: November 05, 2009, 12:45:46 AM »

The thing is this: Who are you to impose yourself on someone else with the intention of protecting him from anything? Last I checked, this country is still free, and free will is something that every man, woman and child has at their discretion. I would like to believe that the man felt threatened to the point that he felt imminent danger or grevious bodily harm to himself, his wife or his child otherwise the pistol would have remained in place in his holster and he would not have been promted to draw on the ex-husband, on his own property. We all can "Monday Morning Quarterback" this situation as to what we would like to believe we would have done in his place, but let's face it: WE WEREN'T THERE!

Thus, I posted what I did above and I expect everyone to follow that direction. Regardless of who was wrong or right, we are not here to judge. This man will face his day in court in front of the authorities. The least we can do is support him in a way that gives him some peace of mind. Like I said before, unless you are personally sitting on the jury panel at his trial, don't put yourself into a position to judge him unless you were there in his place.
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Strangerous
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« Reply #26 on: November 05, 2009, 01:06:52 AM »

Fair enough.

I was not putting myself in the OP's shoes. I was putting myself in the shoes of the "ex", and that was my mistake... I do not wish harm upon you  milcop, I'm just glad I'm not in your situation. Please take all of my previous posts into deep consideration, as hidden under the shock and awe, there's a lot of good advice in there for you. If you want to continue conversation with me, PM me or ask me publicly, it doesn't matter. The facts we know to be true 100% is there's a HiPoint pistol in evidence somewhere, and a forum member is facing charges. We don't know the acts that led up to this, we only heard one side - which probably doesn't cover every detail, but this isn't the place to plead your case, just as it isn't a place for me to judge you. Again, I'm sorry... Don't run off... We're in this together now.
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« Reply #27 on: November 05, 2009, 09:07:35 PM »

Best of luck to ya, Milcop!
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CroCopitateya
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« Reply #28 on: November 05, 2009, 09:08:51 PM »

I wish you the best Milcop, hope it all works out man.
Don't pay the other people no mind man.
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« Reply #29 on: November 06, 2009, 11:44:03 AM »

HERE IN Iowa you can only use force equal to and not greater than the force used against you. Here I would lose my CWP and my guns until after I got out of jail. Like I said before just convince 12 citizens that's what you had to do. I quit fighting over women when I was 13.
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