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

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  • London

    The advocate's Devil.
    Rating - 100%
    6   0   0
    Sep 28, 2010
    6,292
    96
    Twilight Zone
    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.

    Yeow. I don't think the LEO agencies offer offensive knife training. That's one badass cop. If I worked with him I'd start calling him "Slice."
     

    Tejano Scott

    TGT Addict
    Rating - 100%
    1   0   0
    Jun 6, 2011
    8,122
    31
    The Woodlands
    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.

    Plus, having done criminal law in my past life, I can tell you another reason this DA saw it our way. Standard protocol for DA with terrible case is to make a lowball offer that requires defendant to consider whether they really want to roll the dice on their freedom. The DA could have offered deferred adjudication. But to outright dismiss this case during the first court hearing for a defendant carrying an "illegal weapon" at state Capitol building. Yeah right, go ahead and keep thinking they just gave up. Lol
     

    Jakashh

    TGT Addict
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    2   0   0
    Jun 30, 2010
    13,710
    96
    Sugar Land
    Yeow. I don't think the LEO agencies offer offensive knife training. That's one badass cop. If I worked with him I'd start calling him "Slice."

    Knife training? Get a shakeweight if you wanna be effective at stabbing something... or giving it a handski
     

    M. Sage

    TGT Addict
    Rating - 0%
    0   0   0
    Jan 21, 2009
    16,298
    21
    San Antonio
    Yeow. I don't think the LEO agencies offer offensive knife training. That's one badass cop. If I worked with him I'd start calling him "Slice."

    Not really complicated to use a knife. Pointy end goes into the other guy. Rinse, repeat until he stops trying to take your gun.

    Who was it, I think it was Applegate(?) who said that a knife to the gut tended to distract an attacker. :p
     

    M. Sage

    TGT Addict
    Rating - 0%
    0   0   0
    Jan 21, 2009
    16,298
    21
    San Antonio
    Plus, having done criminal law in my past life, I can tell you another reason this DA saw it our way. Standard protocol for DA with terrible case is to make a lowball offer that requires defendant to consider whether they really want to roll the dice on their freedom. The DA could have offered deferred adjudication. But to outright dismiss this case during the first court hearing for a defendant carrying an "illegal weapon" at state Capitol building. Yeah right, go ahead and keep thinking they just gave up. Lol

    Good point. Plenty of chances later to back off and let it drop. I had a friend in CA who had something similar happen, DA rolled the dice that he might get a conviction because the knife looked like the classic switchblade. The knife was very obviously not a switchblade by function, but it didn't die pre-trial like it should have. Actual not-guilty verdict, with a public defender. That's how weak the case was and a DA rolled with it anyway.
     

    TheDan

    deplorable malcontent scofflaw
    Rating - 100%
    8   0   0
    Nov 11, 2008
    27,832
    96
    Austin - Rockdale
    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.
    Fair enough... I thought that maybe if you get a arrested again, even a public defender could point to these charges being dropped in the name of justice and say "hey, we've already done this."
     

    matefrio

    ΔΕΞΑΙ
    Rating - 0%
    0   0   0
    Jan 19, 2010
    11,249
    31
    Missouri, Texas Consulate HQ
    Fair enough... I thought that maybe if you get a arrested again, even a public defender could point to these charges being dropped in the name of justice and say "hey, we've already done this."

    Even if I did that would be the same county, same ADA and no progress for a Texas wide problem. I've "solved" this for Travis county, or at least gone though the process and know what happens but the word isn't out to all the LEOs in the area that I know of.
     

    35Remington

    TGT Addict
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    29   0   0
    Dec 9, 2011
    3,495
    31
    Way out here
    Fair enough... I thought that maybe if you get a arrested again, even a public defender could point to these charges being dropped in the name of justice and say "hey, we've already done this."

    Just print out this thread, all 636 posts as of now, and keep it in your back pocket for any nosy LEOs who happen to question your authoritaaaah.
     

    oldman45

    New Member
    Rating - 0%
    0   0   0
    Aug 18, 2012
    28
    1
    Shreveport LA
    Well, I just read over 60 pages of this and found it interesting.

    However and no offense to the arrestee, I feel this could all have been avoided. Some way, I get the feeling he did this to test the law. The charges were dismissed but at what cost? What was proven? Did he win the case? A civil suit will not be productive since in most venues, LEO are immune from civil judgements over interpretation of the law arrests.

    But the root cause was the carrying of a knife that for all purposes and intent, is unusual to carry. BTW: I worked a case many years ago where a motorcyclist was carrying a long fixed blade knife. His bike w as hit broadside by a car at an intersection and the knife ripped the bikers interstines pretty badly. What did the OP plan on doing with that knife that a folding knife would not have been able to do?

    The OP might be the nicest guy we could ever meet. But he did something that, to me at least, showed bad judgement and appears he was looking for a conflict with the law.

    Now when is his right to carry restored? He also has an arrest on his record, even though the charge was dismissed. In many states, not sure about TX, the CCW application asks for ALL arrests, including those that have been expunged. His headaches may not be over.
     

    txinvestigator

    TGT Addict
    Rating - 0%
    0   0   0
    May 28, 2008
    14,204
    96
    Ft Worth, TX
    Well, I just read over 60 pages of this and found it interesting.

    However and no offense to the arrestee, I feel this could all have been avoided. Some way, I get the feeling he did this to test the law. The charges were dismissed but at what cost? What was proven? Did he win the case? A civil suit will not be productive since in most venues, LEO are immune from civil judgements over interpretation of the law arrests.

    But the root cause was the carrying of a knife that for all purposes and intent, is unusual to carry. BTW: I worked a case many years ago where a motorcyclist was carrying a long fixed blade knife. His bike w as hit broadside by a car at an intersection and the knife ripped the bikers interstines pretty badly. What did the OP plan on doing with that knife that a folding knife would not have been able to do?

    The OP might be the nicest guy we could ever meet. But he did something that, to me at least, showed bad judgement and appears he was looking for a conflict with the law.

    Now when is his right to carry restored? He also has an arrest on his record, even though the charge was dismissed. In many states, not sure about TX, the CCW application asks for ALL arrests, including those that have been expunged. His headaches may not be over.


    You are off base. Waaaay off base.
     

    stepnej

    New Member
    Rating - 0%
    0   0   0
    May 25, 2013
    2
    1
    I know I'm late to the party, but hey, I'm here.

    First, Thank You Matefrio for having the fortitude to both start and end this and I do hope you seal the deal with further legal action as was done in Columbia, MO when the same foolishness happened there.

    Second, for the record, it's a moo point - like a cow's opinion, it doesn't matter.

    (How's that for a first post? - hehehe)
     
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