I Didn't Beat the Ride - Illegal Knife + CHL + Concealed Handgun = Jail + Charges

[matefrio]

I think the point is that an incident such as this one would be one that anti-gun ADA's would lather themselves up over to get a CHL holder in deep doodoo......

Not to mention sending a message to everyone who'd do the same in their town\Texas State Capitol.

 

[AlamoMIA]

Habeas corpus ??? Nowhere to be found.

Matefrio you succeeded. Thank you, Matefrio for taking the horse to water on this issue.

In spite of the wealth of "common knowledge", and legal discernment pointing to the "preferred" interpretation of the CHL exception to 46.02(a) , the A.D.A. prudently decided that the "interest of justice" was better served by not prosecuting you to the fullest extent of the law for a penal code offense that was not applicable to you.

Curiosly, most center-fire handgun cartridges are generally rated to exceed 5 1/2 inches in both range, and penetration..................so , if the State determines to trust, and authorize citizens to carry handguns into the Capitol ....., and there is some logical rationale for restricting a CHL from also carrying additional 46.02(a) "prohibited" backup weapons .... that rationale should be expressed in the penal code.

 

[matefrio]

Emailed my lawyer, Here is his response.

An "in the interests of justice" dismissal signifies that the prosecutor recognizes that he is dismissing the case, not merely because he can't prove the case, but because you are in fact innocent of the offense. It's the difference between someone who is "not guilty" and someone who is actually innocent of the offense alleged. Put another way, the prosecutor's job is to do justice. The prosecutor found in this case that justice was best served by dismissing the case against you.


Other reasons for dismissal, by contrast, include "Defendant entered a plea in a different case," or "Defendant completed counseling," or "the evidence is insufficient" (i.e., we think the defendant is guilty, but we can't prove it), or "the case has been refiled" (i.e., we think the defendant is guilty, but we need to allege it differently), etc.

 

[matefrio]

i am not certain about the applicability of the Declaratory Judgment Act to this circumstance, but, perhaps, you may wish to discuss it with your counsel as an alternative to placing yourself in this situation again.

There is no such thing as a declaratory judgment in criminal law. For that, I'd need to file a civil lawsuit.

 

[Texanjoker]

Emailed my lawyer, Here is his response.

An "in the interests of justice" dismissal signifies that the prosecutor recognizes that he is dismissing the case, not merely because he can't prove the case, but because you are in fact innocent of the offense. It's the difference between someone who is "not guilty" and someone who is actually innocent of the offense alleged. Put another way, the prosecutor's job is to do justice. The prosecutor found in this case that justice was best served by dismissing the case against you.


Other reasons for dismissal, by contrast, include "Defendant entered a plea in a different case," or "Defendant completed counseling," or "the evidence is insufficient" (i.e., we think the defendant is guilty, but we can't prove it), or "the case has been refiled" (i.e., we think the defendant is guilty, but we need to allege it differently), etc.

That is exactly what a dismissal means. I am GLAD ur case was dismissed.

 

[matefrio]

That is exactly what a dismissal means. I am GLAD ur case was dismissed.

They TYPE of dismissal is important. Note there are many reasons a case is being dismissed, and I got the one that clearly states I'd done nothing wrong.

The ADA didn't have time or resources wasn't the reason here as some have alleged.

 

[Texanjoker]

They TYPE of dismissal is important. Note there are many reasons a case is being dismissed, and I got the one that clearly states I'd done nothing wrong.

The ADA didn't have time or resources wasn't the reason here as some have alleged.

Not to argue, but that was because that county attorney felt that. There are many counties in this state and unfortunately that might not be the case everywhere else. It is lame to get arrested for a knife violation legally carrying a gun.

 

[matefrio]

Not to argue, but that was because that county attorney felt that. There are many counties in this state and unfortunately that might not be the case everywhere else. It is lame to get arrested for a knife violation legally carrying a gun.

I agree, an isolated incident of one ADA in one county. for now, but name a more liberal county. :-)

Note, till things clear up I'm clearly not recommending that someone do what I did. I will say that this is a positive step in the right direction.

 

[Texanjoker]

I agree, an isolated incident of one ADA in one county. for now, but name a more liberal county. :-)

Note, till things clear up I'm clearly not recommending that someone do what I did. I will say that this is a positive step in the right direction.

Agreed....

 

[TheDan]

Note, till things clear up I'm clearly not recommending that someone do what I did. I will say that this is a positive step in the right direction.

You're going to keep doing it, correct?

 

[Richard B]

There is no such thing as a declaratory judgment in criminal law. For that, I'd need to file a civil lawsuit.

That is exactly the point. A DJA lawsuit is a civil lawsuit and you don't go to jail if you lose.

 

[308nato]

Congrats man , glad your clear.

 

[matefrio]

You're going to keep doing it, correct?

My goal was to make this a low risk venture for everyone including myself. What I've done, so far, fell short.

To further this I need to move forward, and not get distracted by doing the same thing over and over again for different DAs or ADAs as my lawyer gets rich expcting a different outcome..

To that end, for now, I don't plan to carry unless traveling. But I plan on not wasting the efforts so far either.

 

[Tejano Scott]

This is one time when I miss your point.

TR stated my opinion correctly. Put another way, of all places a DA wouldn't want to "duck" pursuing charges, I would suspect State Capitol building would be top of the list.

 

[RetArmySgt]

...

Curiosly, most center-fire handgun cartridges are generally rated to exceed 5 1/2 inches in both range, and penetration..................so , if the State determines to trust, and authorize citizens to carry handguns into the Capitol ....., and there is some logical rationale for restricting a CHL from also carrying additional 46.02(a) "prohibited" backup weapons .... that rationale should be expressed in the penal code.

There have been several studies done that have concluded with people being more afraid on a person wielding a knife than one with a gun. There is something in the psyche of people that fear blades more than bullets. One theory is that they know if the person uses the gun there is a greater chance of it being observed (audibly) by another person and they feel that if they scream or fight back the other person might not use it due to fear of the same. Where as a blade is quite and doesnt carry the same risk for the attacker.

 

[TexasRedneck]

To put a point on it - physically speaking, you've a better chance of surviving a gunshot that a knife wound. That ain't conjecture - that's a medical fact.

 

[GlockOwner]

There have been several studies done that have concluded with people being more afraid on a person wielding a knife than one with a gun. There is something in the psyche of people that fear blades more than bullets. One theory is that they know if the person uses the gun there is a greater chance of it being observed (audibly) by another person and they feel that if they scream or fight back the other person might not use it due to fear of the same. Where as a blade is quite and doesnt carry the same risk for the attacker.

This is just me doing my best Dr. Phil psychological diagnosis, but people might be more afraid of knives because they know what a cut feels like, even if it is only a small paper cut, they have a point of reference that their brains can recall, but most people have no idea what it feels like to get shot. Another thing might be that some people assume they can wrestle a gun away more easily than they can a knife without getting injured.

 

[M. Sage]

You really think an ADA wants to "duck" an unlawful weapon case where the location of the offense is the State Capitol building? I wish some of you would use some common sense.

Yeah, that's the kind of case that he could use to wind up in his boss' chair (talking before the boss' DWI hook). Man with illegal weapon, AND CARRYING A GUN! at the state capitol? And this ADA stood up and put him where he belonged!

It would have got press, and not negative press, either.

 

[Greg_TX]

To put a point on it - physically speaking, you've a better chance of surviving a gunshot that a knife wound. That ain't conjecture - that's a medical fact.

No doubt. Gunshot wounds do a lot of damage, very often fatal, but knives are very bad news. A stab or cut in the groin, inner thigh, armpits or neck can bleed someone out in a hurry. With a gun, you can make lots of individual wound channels - with a knife, you can open 'em up from balls to brisket if you get the right approach in a fight.

 

[M. Sage]

To put a point on it - physically speaking, you've a better chance of surviving a gunshot that a knife wound. That ain't conjecture - that's a medical fact.

Knives are wicked, wicked weapons close-up.

Just a few weeks go, I read a news story where a cop stabbed a guy to death who made a grab for the cop's sidearm.