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Ohio: Charged with CCW violation and resulting jury trial

Discussion in 'Legal' started by rDigital, Jul 24, 2009.

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  1. rDigital

    rDigital Member

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    I have not posted here in quite a while up until recently. I would like to share a story of the pitfalls of Concealed Handgun Licenses in the State of Ohio. I was arrested and ended up having a jury trial. I think that you will find my story to be interesting and relevant. Thank you for reading.

    Bryan

    CCW Violation: My trial and experience.
     
  2. mljdeckard

    mljdeckard Member

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    I gotta hand it to you man, You called a hard bluff and won. A lot of us talk a big game about standing up for our rights, but sing a different song after a few hours of flashing lights and the smell of a cell.

    I would ask a couple of things, were you offered a plea to a charge that was not a felony or gun related?

    And, would you agree with me when I advise people in here to not rely on Castle Doctrine, Stand your Ground laws, or the decency of the legal system to keep them out of jail when they haven't broken the law? By this, I mean, I would use this as a cautionary tale to those who say they are never afraid to act boldly as long as they are within the law, knowing that just will probably EVENTUALLY prevail. I tell everyone, get umbrella liability coverage, consult an appropriate attorney AHEAD of time (even if you can't afford to keep one on retainer,) and do absolutely everything in your means to avoid getting arrested in the first place, meaning, WALK AWAY whenever you can.
     
  3. cassandrasdaddy

    cassandrasdaddy Member

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    really decent account of your ugly experience. you were factual and i believe fair in your descriptions. not an easy thing to do when you are the one getting shafted. glad you prevailed
     
  4. rDigital

    rDigital Member

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    No, the prosecutor would not even give my lawyer and I the time of day to hash things out together. I think that the judge should have thrown the case out based on speedy trial requirements as well as the "spirit of the law".

    Any faith that I had left in the legal system is lost. I sometimes feel that the only reason that I was acquitted by the jury was not the facts of the matter, but rather my character.
     
  5. 61chalk

    61chalk Member

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    Scarry...I can see why so many do not like cops, prosecutors an judges. You said they stole your dignity.....I think you still got plenty...an more than your persecuters will ever have, they should all be ashamed, apoligize to you an then quit an find jobs working cleaning bathrooms.
     
  6. rDigital

    rDigital Member

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    I agree with you 100%. I am an insurance agent. Umbrella is key for extraordinary liability issues (i.e. self-defense shooting).

    The whole carefree "I'd rather be judged by 12 than carried by 6 crowd" needs to wake up and realize that even the smallest indiscretions, even if you broke NO law, can cause you much pain, money and time. That is why I posted my story here.

    Most Pro-2A folks are in denial on this simple truth until they are knee deep in their own personal hell. Unfortunately, by then it's too late.
     
  7. rbernie
    • Contributing Member

    rbernie Member

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    Thanks for sharing.
     
  8. Ardent

    Ardent Member

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    I'm impressed you took the long road, and maintained your composure, well done.
     
  9. Brian Williams

    Brian Williams Moderator Emeritus

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    Great write up, go ahead and post it in full here.
    I would like to know what the $$$ cost for this, not just what you had to pay but the total trial cost.
     
  10. yenchisks

    yenchisks member

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    I think one should sue ,maybe if enough people sued they think twice ? before throwing one threw the ringer.
     
  11. Ohio Gun Guy

    Ohio Gun Guy Member

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    Glad you won!

    I had an experience with the law in my early 20's....not involving firearms, so I'll save the details, but I to was very suprised by how the system actually works. I also stuck it out and "Won" but was left very skeptical of the law.


    It seems to me that the police get appathy for their jobs, as do all of us sometimes. However when these situations are very serious for the people involved. My theory is that they deal with situations that are repetative in nature and 75% of the time the "reality" is what they think it is, HOWEVER 25% of the time they are dead wrong. God help you if you are in that 25%. They'll fit you into a mold and proceed accordingly, regardless of fact, discoverable fact, evidence, whitnesses, etc, etc.

    In thier mind, you were the bad ass boyfriend who beats his girlfriend, they probably respond to calls for that all the time.....Only this time it wasnt the case.
     
  12. doc2rn

    doc2rn Member

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    Same thing happened to me in Kansas. Fortunately they held me too long without counsel and my dad showed up with the family lawyer.
     
    Last edited by a moderator: Jul 24, 2009
  13. rDigital

    rDigital Member

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    @doc2rn Google A&A, Salem Hunting Club, and the Miami Rifle and Pistol Association. There are quite a few outdoor ranges in Ohio. Also, check out the ODNR website http://www.dnr.state.oh.us/Home/wild_resourcessubhomepage/shooting_infolandingpage/shooting_ranges_default/tabid/17601/Default.aspx

    @brian williams: I didn't want to clutter the thread. I'm not compensated for blog traffic. I just want to get the story out.:)

    @Ohio Gun Guy: I'm with you. The system is a scary place to be.

    @yenchisks: everyone always wants there to be a lawsuit, but rarely is one pursued or successful. I'd like to see them pay, but it's just not in the cards right now.

    The city had to pay the court costs for the jury trial.:D
     
  14. KyJim

    KyJim Member

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    The police and legal system treated you shabbily. You should never have been arrested, the prosecutor should have talked to your attorney, and the judge should have thrown out the case for lack of evidence. Fifty-one seconds is "prompt" by any stretch of the imagination.
     
  15. UniversalFrost

    UniversalFrost Member

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    man , sounds like those cops are like teh ones in phoenix. sucks man.

    what happened to the f'ing girl that called you in? your girlfriend still a room mate with the psycho? Me i would be pissed to say the least.

    lucky for me, i live in a pro gun state (with the exception of phoenix).

    only time i got pulled over here, the sheriff deputy ended up interviewing me more on my gun and how i liked it and how it shot, where I got it and a good price and I ended up going shooting with him at the range the next weekend and he now shoots with our little group (most of us are mil/ex mil/BP/ retired leo) and we are introducing him to the world of class 3 (full auto and cans).

    glad you had a somewhat happy ending, otherwise you could have been sharing a bunk with bubba in the state pen.
     
  16. psyopspec

    psyopspec Member

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    Hell of an experience, and a good write-up. Glad you came out relatively okay. It seems from the way you handled it that, if anything, you're more dignified than you were before. Did it ever come out at trial why the PD found it necessary to order your car towed?
     
  17. Geno

    Geno Member

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    When the world gives you lemons, make lemonade. But what do you do when the world decides to load your plate with bovine droppings?! Plant a garden! :D

    You did well!
     
  18. nathan

    nathan Member

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    Shocking this happen to a CCW holder. I m glad you are okey. Move to another city is my advise. Seems like the cops over there overreacted and have done you wrong.
     
  19. rDigital

    rDigital Member

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    @UniversalFrost: they are no longer friends and she is no longer my girlfriend. I need to be extra careful who I associate myself with from now on. I'm a sucker for a cute Jewish girls though....

    @psyopspec: There wasn't any discussion about why my car was towed. I'm looking into having the PD reimburse me for the tow.
     
    Last edited: Jul 26, 2009
  20. ants

    ants Member

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    Bryan (rDigital) can correct me if I'm wrong, but I think he has had unfortunate experiences in the past with poorly trained police officers in Ohio who did not understand the state's firearms laws, and attempted to find wrongdoing where it did not exist. (If I have that wrong Bryan, I sincerely apologize. But I think I have seen your name in the CCW news before.)

    It is complete conjecture on my part, but the cynical side of me can't help but wonder if the arresting officer in this year's incident knew his name, and did his best to develop a charge that would stick. Unfortunately the officer selected one that ultimately would not withstand the test of a jury.

    If that is true, better education and training is needed. I, for one, value the service of police officers. I wish that there could be much more training to prepare them for every situation they may encounter, especially in firearms law, making their service even more vital to all of us.
     
  21. Tim the student

    Tim the student Member

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    Good write up. Thanks for sharing.
     
  22. rDigital

    rDigital Member

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    @ants: It's funny that you say that. I had an issue with another local pd in June of last year. The arresting officers from this story knew who I was from that prior incident according to my girlfriend (ex). It makes me wonder if that had anything to do with me being charged. It's all over now, but that thought still lingers.:(
     
  23. COMPNOR

    COMPNOR Member

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    So did you break up with your girlfriend because of this, or other reason not related?
     
  24. rDigital

    rDigital Member

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    @COMPNOR: both.....:(
     
  25. COMPNOR

    COMPNOR Member

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