UPDATE: Friend pulled a gun

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tnieto2004

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http://thehighroad.org/showthread.php?t=291606

The above post was a situation where my friend pulled a gun after a man was attempting to attack him. My friend has no CHL and had the gun in his truck (Legal in TX). My friend was acquitted of any wrong doing in the situation. The thread got kind of intense and was shut down until the full story came out. I thought I would update and let everyone who posted in the thread know that my friend was not charged with anything and it was deemed self-defense.
 
Looks like he got what he deserved - not guilty :) He's very lucky this didn't go badly for him. Very lucky.

+1 to go get a CCW permit.
 
Thanks for the update. I had been wondering about this.

I predicted the assault charges would be dropped, but that he'd be charged with illegal possession.

He's free of all charges for sure?
 
Yes, All charges were dropped. They got the possession charges dropped due to the fact that it was in his truck.

It cost him quite a bit of money though.
 
It cost him quite a bit of money though.
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Good thing folks can still buy their justice, all it takes is enough money.

I have to wonder how this fellow would have fared if he had not the funds to obtain adequate legal counsel.
 
If he was acquitted he may have a civil case against the person who attacked him (legal fees, court costs, etc). Time to consult ye old attorney again.

Brad
 
From what I understand, the man who attempted to attacked was not pursuing a civil case against my friend. He was deemed in the wrong (In the criminal case) and it would be hard for him to build a civil after my friend was acquitted. If I hear anything about a civil case I will update.
 
Yes, All charges were dropped. They got the possession charges dropped due to the fact that it was in his truck.

It cost him quite a bit of money though.
Click to expand...

I'm so glad he was cleared. But yes, a lawyer to get you out of the never-should-have-been-filed-in-the-first-place charges can really run up the $$$.

Glad it all worked out, though. Money you can replace. Your freedom, no.

Springmom
 
So was he acquitted or not charged? You said not charged and they you said acquitted. I am assuming not charged because this ended pretty quickly for a legal issue. If the D.A. didn't think he could make this go, it was pretty weak in the first place, which is what I thought after reading your first post.
 
He was clear of any charge. Does that answer your question? I am not sure of the definitive difference.

I found acquitted define as: # To free or clear from a charge or accusation.
# To release or discharge from a duty.

Seems like the same as not charged.
 
I have to wonder how this fellow would have fared if he had not the funds to obtain adequate legal counsel.
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I've been a public defender and can tell you he'd be totally screwed unless he could inspire some sort of religious zeal in the PD. If you saw what public defenders are paid, you'd understand what I mean. Don't get me wrong, there are brilliant PDs out there, but having talent and using talent are two different things . . .
 
He was clear of any charge. Does that answer your question? I am not sure the definitive difference.
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Think the question is: did the case go past the grand jury? The GJ decides if the case has any merit. Seem to recall that it's bill or no bill. The 'no bill' means that the jury decides the case is baloney. If the GJ decides that the case may have merit, they 'bill' it or whatever it's called and it goes to the criminal trial - where the ultimate guilty/not guilty verdict is made. Matlock, Perry Mason, and company are seen in the reg'lar (non-GJ) trials.
At least, that's how I remember it.
 
No it did not go past the Grand jury. The grand jury cleared him or acquitted him or whatever you want to say.
 
A basic overview (very, very simplistic, but you get the drift...).

When someone is accused of a crime worthy of a trial (felonies and most Class A misdemeanors) the city, county, state, or federal prosecutor prepares a case. The case is presented it to a Grand Jury, which is a group of people that hear case summaries and decide whether they have enough merit to proceed to trial.

Indicted - A Grand Jury believes the case against the accused has enought merit. The case proceeds to trial.

No-billed - A Grand Jury does not believe the case against the accused has merit. Charges are dismissed.

Acquitted - The case went to court and the jury or judge (whichever is applicable) found the defendant Not Guilty on the charge(s).

Keep in mind that this is for criminal charges. Being no-billed or acquitted of a criminal charge has no bearing on any potential civil case. Civil cases are the "pain and suffering" cases you hear about all the time.

Your buddy needs to talk to his attorney again. He may very well have a civil case against the other guy for creating the condition(s) that got your buddy arrested. If found liable, the guy could be held legally responsible for your buddy's court costs and legal fees.

Brad
 
COngrats for your buddy.

They need to a) Go after the bozo in criminal court for battering his GF, and b) civil suit for racking up your friend's legal bills and then some.
 
Actual Justice

Well, whaddaya know.

Expensive way to keep your rights.

In one sense, expensive is cheap: it's only money.

Losing rights is more than expensive: it's your freedom.

The attacker owes your friend some money for the pain, suffering, anguish, humiliation, and all that.

Perhaps his attorney would consider a contingency arrangement? Attorney collects only if he wins?

I'm guessing this is win-able as a civil case.

But, whether he pursues this or not, I'm happy for him.

And he needs a CHL.

Quickly.
 
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