weapons seizures in washington state


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ogb
January 23, 2009, 02:22 AM
thanks never mind

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Yoda
January 23, 2009, 02:35 AM
Friend - - -

If you have to appear tomorrow, you should have had a lawyer months ago. I'm not familiar with Washington laws, but I urge you to contact a lawyer the very first thing tomorrow. Try to find one who is familiar with the laws regarding your circumstance. If the first lawyer you contact isn't an expert in this field, then ask him if he can recommend someone who is.

This will cost you, but it's got to be done. There have been too many cases of people like you getting railroaded by courts that don't know the laws themselves, or by prosecutors who want to get a cheap "kill" through a novel prosecution.

At the least, ask the judge if he will delay proceedings while you get the legal counsel you need.

- - - Yoda

ogb
January 23, 2009, 03:38 AM
thanks

Ridgerunner665
January 23, 2009, 03:40 AM
Sounds to me like they simply stole your guns...

ogb
January 23, 2009, 03:43 AM
thats what it feels like, i love my 1911s and i want them back!

TRGRHPY
January 23, 2009, 03:58 AM
Ask the Judge for a continuance. And then go immediately to a lawyer.

Riss
January 23, 2009, 04:12 AM
RCW 69.50.505 talks about drugs and forfeiture. apps.leg.wa.gov/RCW/default.aspx?cite=69.50.505 You should call your local Lawyers Bar Association to try to locate someone to attend court to help you out. Get a continuance or something until someone can help you through the system.

Deus Machina
January 23, 2009, 04:28 AM
Call a lawyer, ask for a continuance.

You should of as soon as you were released. They probably meant they would charge you if you got a lawyer then, and even if they didn't, there's no way they can charge you post-release and still keep face.

DMF
January 23, 2009, 04:40 AM
one of my concerns and fears is that if i do appear tomorrow to try to get everything back then they will charge me. is this a legitimate concern?What would/could they charge you with?

What was the reason for the initial stop/detention/questioning?

ogb
January 23, 2009, 05:00 AM
danka

ogb
January 23, 2009, 05:03 AM
i'd rather not say much more about the what they could charge me with though

DMF
January 23, 2009, 05:04 AM
Doesn't answer the question. What do you think you could/would be charged with? What did they question you about?

EDIT TO ADD: You were posting that last one at the same time I was typing.

If you don't want to say what they could charge you with, and provide additional details then there is no way to know if this seizure was justified or not.

Good luck. I think you're going to need it.

ogb
January 23, 2009, 05:25 AM
gracias

Treo
January 23, 2009, 06:20 AM
Before I go any further let me say this story ISN'T (IMO) passing the sniff test. We are not being told all the details.
That said,

Walk into the court and ask the judge for time to retain legal counsel. He/She should have no problem W/ that request. I personally would not say another word in that court except to say "Your Honor I'd prefer to seek the advice of legal counsel before answering that question" make it a mantra don't say anything else.

Closing the barn door after the horse has been stolen

If a cop pulls you over and starts talking about searching your car or asks you to step out or ANY OTHER QUESTION that goes beyond a routine traffic stop, that is a perfect opportunity to calmly and firmly assert your rights. "Officer I do not consent to any searches." "Officer I am not comfortable making any statement or answering any questions until I speak to an attorney" and SHUT UP. You have absolutely nothing to lose by not talking to a cop.

Last suggestion

"You And The Police"
Boston T. Party (AKA Kenneth W. Royce)
Javelin Press 2005

The best legal advice you'll ever get for 15 bucks

I'm also going to reccommend:
"BUSTED A Citizen's Guide To Surviving An Encounter With The Law" free on Youtube

Pushrod
January 23, 2009, 11:21 AM
they could charge me with possession of green vegetable matter

Sounds to me like you were found in possession of some personal use marijuana, plus being armed. That aint good. You need to lawyer up quickly and get the hearing postponed.

Monkybrainz
January 23, 2009, 11:32 AM
sounds like the cops got u over a barrel kindda, but they siezed your weapons and didnt charge you for the pot? they might think you wont say anything in fear of getting busted with a controled substance while in possesion of a firearm, which is a felony and you would never get to purchase of carry again. yet if no proof of the pot exsists, such as ticket of police report, then you have a fighting chance due to their failer to properly file a report.. Kindda a catch 22...good luck
remember you have rights, dont be stupid , ask for a continuence, due research, get a lawyer, but carring drugs with a gun only makes things worse for us "law abiding folks"....shoulda left yer guns at home...........................

NavyLCDR
January 23, 2009, 11:42 AM
I think you've got two choices - give them your guns, or get a lawyer to get them back for you. No lawyer = no guns. My limited experience with WA courts, at least Island County Municipal, is they don't like private parties researching the law and citing RCW's to them. :(

scottgun
January 23, 2009, 12:06 PM
Consider how much it would cost to replace the two 1911s compared to how much it would cost to pay a lawyer to fight to get them back. Factor in the time and the possibility of getting railroaded by the courts or cops. Priciples aside, punting may be cheaper and better use of your time. Its going to be expensive either way, chalk it up to lessons learned. Good luck, and keep us posted.

deaconkharma
January 23, 2009, 12:34 PM
you may actually see charges when you walk into court. We are not lawyers but you D**n sure need one. You are about to have some stuff thrown at you to see what sticks.
how many people were at the house? (as far fetched as it may seem RICO could be involved)
did you have the green vegetable with you in the house? Did anyone else? How MUCH green vegetable (intent to distribute/ coupled with number of people in the house could be construed as a drug ring)
two 45's spun as a pistol packing drug dealer and sometimes firearms coupled with drugs can be a big bad charge.
Ask for a continuance and get a lawyer NOW! Don't listen to anything else but Lawyer Lawyer Lawyer.
And quit with the herb sparky! Us gun owners need all the GOOD PUBLICITY we can get, don't be a "brady statistic" used against us ok???

Maelstrom
January 23, 2009, 12:46 PM
I vote for give up your guns. You screwed up and broke the law and now you're trying to beat the system.

It's time to man-up and pay the piper.

What you're doing is asking honest people for their advice on how to break the law and skate by the punishment. Thanks, but I'll keep my advice for someone else.

carnaby
January 23, 2009, 01:01 PM
If you fight this you may never be able to legally own a firearm again. Once that right is gone, it's gone for good. Stupid as the drug laws in this country may be, they are what they are. If I was you I'd forget about the two 1911's and be glad the cops are giving you a chance for a do-over. If you don't want to take this route, then get a good lawyer. They know the law and will be able to advise you of your options.

In the future, should you continue to play with the ganja, don't own firearms, and if you own firearms, do as deaconkharma says, and give up the weed.

Ohio Gun Guy
January 23, 2009, 01:04 PM
If I am following this, he got caught leaving a known drug house, with a bag of pot, got arrested. Sounds like he got released, but is going to be charged. I dont know about Washington laws, but it sounds like depending on the amount of drugs, he could be looking at some time. Worse yet, if he doesnt appear (Sounds like he was hedging) there will be a warrant, and he will add another item to the growing list. I wonder if he has any priors?

I think we are done here, he needs a lawer and needs to get this resolved.

SAG0282
January 23, 2009, 01:32 PM
Substantial and critical information is missing.

DocBoCook
January 23, 2009, 01:42 PM
Chock the 1911's up as your bail and cut your losses. Save up by not buying anymore Ganja, and buy new ones. You got lucky, don't press your luck any further

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