Knife (weapons charge) case Resolved in Texas.


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matefrio
May 14, 2013, 08:10 PM
Resolved as the case was dismissed. I plan to take the fight to them now.

http://www.thehighroad.org/archive/index.php/t-710327.html&#post8835890

A picture is worth a 1000 words. The outcome was a good one. This isn't over as now I get a chance to take the fight to them.

For those who can't see it:
To the honorable judge of said court:
NOW COMES the State of Texas by and though her Attorney, respectfully requests the Court to dismiss the above entitled and numbered criminal action in which the defendant is charged with the offence of Unlawfully Carrying A Weapon for the reason: In The Interest of Justice.

http://imageshack.us/a/img818/6215/motiontodismiss.png

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P.B.Walsh
May 14, 2013, 09:27 PM
Love their reason, take it to them!

Texan Scott
May 14, 2013, 10:08 PM
Righteous. Thanks for keeping is posted, friend.

DNS
May 14, 2013, 10:33 PM
Thanks, and don't let 'em off the hook!

Deltaboy
May 14, 2013, 11:17 PM
Praise the Lord.

hso
May 14, 2013, 11:20 PM
Stick it to 'm.

lemaymiami
May 15, 2013, 09:09 AM
Swing for the fences...

lobo9er
May 15, 2013, 11:01 AM
So whats your end game?

Blackstone
May 15, 2013, 04:33 PM
Haha, I thought the "in the interest of justice" was their arresting reason.

Texan Scott
May 15, 2013, 04:48 PM
No, that would be "distrust of a legally armed citizen in the interests of a paranoid power trip". Give some people a big enough badge, and eventually copper poisoning goes to their heads.

It's good to see the system work... it's disconcerting to see that it's sometimes not fully functional, but merely self-correcting in an eventual sort of way.

waterhouse
May 22, 2013, 02:00 PM
Awesome. Well done.

Deltaboy
May 25, 2013, 12:24 PM
Good news for sure.

slamfirev10
May 26, 2013, 03:45 AM
thanks mate for taking the stand!

read the 17 pages of your thread on the ar forum, you handled yourself admirably

tnxdshooter
May 26, 2013, 07:01 AM
So,

Does this mean that technically the op can sue the police and perhaps this municipality for false arrest? Since technically he was arrested, charged, and the DA drops case because no "laws" were broken?

Sent from my mind using ninja telepathy.

JohnKSa
May 26, 2013, 03:15 PM
Not as far as I can tell.

In fact, if the intent was to make things better overall in terms of either setting a precedent or working towards changing the commonly held interpretation of the law, getting the charges dropped was actually a loss. To make real headway would have required the case to go to court and be found in the defendant's favor. Then the ruling could be used as a precedent.

As I posted in the last thread on the topic, one should keep in mind the following:

1. The next guy who tests the law will likely get the same treatment. He probably won't actually be found guilty, but he'll take the ride and pay for the lawyer just like the OP. If he doesn't get a lawyer, or doesn't get a good one, he may actually be found guilty.

2. The "system" apparently isn't going to let a case like this get far enough to set a precedent that might change the current interpretation of the law.

3. The current interpretation of the law remains unchanged and that interpretation is that a CHL invalidates 46.02 as far as handguns go but not in terms of other "illegal weapons".

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