seamusTX wrote:Most cases, plea-bargained or not are not reported in the news.
Any town big enough to have a newspaper has hundreds or thousands of cases disposed of every business day. Most are routine DWIs, shoplifting, and stuff like that that results in probation.
I was in a courtroom once (not as the defendant) and watched the judge dispose of about a dozen plea bargains an hour. He spoke only slightly slower than an auctioneer.
Stated above in this thread that the person doing the shooting was a employee. Nowhere did it say he had a CHL. He can carry under MPA and at his Work (under his control or authorized by the owner).
If he was an employee and the premises was under his control, he needed no CHL, only the Legal Requirements to own a gun and the permission of the owner to carry it on the premises while under his control (Inside the Business).
Now there may still be a problem that the activity of the premises was illegal and definitely a problem with him exiting the premises and firing at the fleeing robber. But that will be sorted out by the Lawyers.
Alan - ANYTHING I write is MY OPINION only. Certified Curmudgeon - But, my German Shepherd loves me!
NRA-Life, USN '65-'69 & '73-'79: RM1 1911's RULE!
seamusTX wrote:Most cases, plea-bargained or not are not reported in the news.
Any town big enough to have a newspaper has hundreds or thousands of cases disposed of every business day. Most are routine DWIs, shoplifting, and stuff like that that results in probation.
I was in a courtroom once (not as the defendant) and watched the judge dispose of about a dozen plea bargains an hour. He spoke only slightly slower than an auctioneer.
- Jim
I would also like to add another two cents. The Sixth Amendment of our Constitution, provides that "n all criminal prosecutions, the accused shall enjoy the right to a speedy . . . trial." That said, unless district attorney drops the charges or the defendant cops a plea, it will probably take a least a year to dispose of a felony case. In the meantime, a CHL holder will lose his right to concealed carry.
AEA wrote:Stated above in this thread that the person doing the shooting was a employee.
The shooter was a patron of the establishment, not an employee.
WildBill wrote:The Sixth Amendment of our Constitution, provides that "n all criminal prosecutions, the accused shall enjoy the right to a speedy . . . trial." That said, unless district attorney drops the charges or the defendant cops a plea, it will probably take a least a year to dispose of a felony case.
Every defendant in his right mind waives the right to a speedy trial.
The reason is that the state can put a dozen lawyer on the case and bury the defendant in six weeks, or whatever the period is.
Usually when I see a felony case go to trial, it is one to two years after the alleged offense.
- Jim
Fear, anger, hatred, and greed. The devil's all-you-can-eat buffet.
seamusTX wrote:Most cases, plea-bargained or not are not reported in the news.
Any town big enough to have a newspaper has hundreds or thousands of cases disposed of every business day. Most are routine DWIs, shoplifting, and stuff like that that results in probation.
I was in a courtroom once (not as the defendant) and watched the judge dispose of about a dozen plea bargains an hour. He spoke only slightly slower than an auctioneer.
- Jim
I would also like to add another two cents. The Sixth Amendment of our Constitution, provides that "n all criminal prosecutions, the accused shall enjoy the right to a speedy . . . trial." That said, unless district attorney drops the charges or the defendant cops a plea, it will probably take a least a year to dispose of a felony case. In the meantime, a CHL holder will lose his right to concealed carry.
As you point out so well, as usual, WildBill, that is called "leverage."
I think the officer might have been wrong in making the arrest. Note that robbery and theft are property crimes in Texas, not crimes against persons. Therefore, the justification needs to come from the section of the chapter 9 dealing with protection of property. Section 9.42 says you can use deadly force to stop a person who is fleeing after committing robbery or theft at night time. Robbery is a theft with force used. If the suspect pushed the employee and then grabbed the money, this is force and makes the crime robbery. Even without that, it was still theft at night.
Now, the only thing that is still a legal question is if he could meet one of the rules in section 9.43 on defending someone else's property. If the employee yelled "Help" or something similar, he has met the rule for this by the person requesting his help. I honestly don't see how he can claim he thought he had a legal duty, but he might.
And the good news for him is that the engaging in criminal behavior clause is in a different section, so he still meets the rules if he can get section 9.43 covered.
After following the back and forth of this thread one may better understand why some, if not many, jurisdictions have an assistant DA doing things like accompany SWAT operations, accompany LEOs during service and execution of search warrants and arrest warrants, and/or be on duty 24/7, immediately responsive to an LEO's questions at the end of a telephone line either at home, at his or her office, or at a police station.
Having said this, I do not mean to imply that one may always assume that an Assistant DA is any better at criminal law questions than is a well-educated and experienced LEO. I have frequently seen the contrary to be the case.
It is a shame that so much armchair quarterbacking must hassle dedicated LEOs trying to do a largely thankless job, but I guess that is part of the cost of the sometimes conflicting responsibilities of both protecting the rights of our citizens and effectively enforcing the law so that a case does not come apart in the courtroom.
57Coastie wrote:After following the back and forth of this thread one may better understand why some, if not many, jurisdictions have an assistant DA doing things like accompany SWAT operations, accompany LEOs during service and execution of search warrants and arrest warrants, and/or be on duty 24/7, immediately responsive to an LEO's questions at the end of a telephone line either at home, at his or her office, or at a police station.
Having said this, I do not mean to imply that one may always assume that an Assistant DA is any better at criminal law questions than is a well-educated and experienced LEO. I have frequently seen the contrary to be the case.
Jim
My guess is that the ADA on duty at 2:00AM on a Saturday morning would be the most junior member of the DA's staff.
57Coastie wrote:After following the back and forth of this thread one may better understand why some, if not many, jurisdictions have an assistant DA doing things like accompany SWAT operations, accompany LEOs during service and execution of search warrants and arrest warrants, and/or be on duty 24/7, immediately responsive to an LEO's questions at the end of a telephone line either at home, at his or her office, or at a police station.
Having said this, I do not mean to imply that one may always assume that an Assistant DA is any better at criminal law questions than is a well-educated and experienced LEO. I have frequently seen the contrary to be the case.
Jim
My guess is that the ADA on duty at 2:00AM on a Saturday morning would be the most junior member of the DA's staff.
In my experience, WildBill, that always proved to be a very good guess.
Most cases, plea-bargained or not are not reported in the news.
