TexasCHLforum.com

03Lightningrocks wrote:

Oldgringo wrote:

handog wrote:

There is a two year waiting period for a misdemeanor and ten years for a felony. In my case, after two years and $1000 I can have it expunged from record.

The PD returned my gun soon after the charges were dropped.

As many of you may suspect, I ain't one to knowingly tempt fate or some dimbulb LEO or Judge's interpretation of the law. What am I missing here - what record has to be expunged if the gun was returned and the charges were dropped?

The record of arrest. Even if the DA chooses not to prosecute, the record of your arrest will remain. If they choose to prosecute the case at a later date they can. I am not sure of how long the statute of limitations applies, but it depends on the classification of the crime.

I did not know that, thanks.

IANAL, but that somehow reeks (smells to the high heavens) of Double Jeopardy. If the charge was dropped, ain't it dropped? I spent a little time in a "pokey" in the turbulent civil rights era of the early 60's - with no charges filed. Are you tellin' me that I should fear the knock on the door in the middle of the night? Horrors!

Oldgringo wrote:

03Lightningrocks wrote:

Oldgringo wrote:

handog wrote:

There is a two year waiting period for a misdemeanor and ten years for a felony. In my case, after two years and $1000 I can have it expunged from record.

The PD returned my gun soon after the charges were dropped.

As many of you may suspect, I ain't one to knowingly tempt fate or some dimbulb LEO or Judge's interpretation of the law. What am I missing here - what record has to be expunged if the gun was returned and the charges were dropped?

The record of arrest. Even if the DA chooses not to prosecute, the record of your arrest will remain. If they choose to prosecute the case at a later date they can. I am not sure of how long the statute of limitations applies, but it depends on the classification of the crime.

I did not know that, thanks.

IANAL, but that somehow reeks (smells to the high heavens) of Double Jeopardy. If the charge was dropped, ain't it dropped? I spent a little time in a "pokey" in the turbulent civil rights era of the early 60's - with no charges filed. Are you tellin' me that I should fear the knock on the door in the middle of the night? Horrors!

I am fairly certain you are out of the woods on anything you did in the 60's. My lawyer told me in my self defense case that they had two years on mine. My charges were both felonies. AM/AA... 2 counts each. I figure if I was good to go after two years on charges that serious, surely what ever you did in the 60's is all clear now. You didn't kill nobody, did ya? Never mind...don't answer that! No limitation on murder.

Double jeopardy only applies if you have a trial and are found innocent. If the DA decides not to pursue charges, that does not necessarily mean you are innocent. Maybe they just don't quite have enough evidence for a conviction so they are waiting to see what might show up later. In my case my attorney told me that they might change their mind about prosecuting if I was involved in another shooting. They might start wondering why one guy would be involved in multiple self defense situations in a short time frame. Then again, they might give me a medal for killing a guy that needed killing.

Anyway... I think they do it that way so they can still get you if some kind of new evidence pops up that looks like you needed getting. I really don't know how long the time frame is for different classes of crime. What sucks for the OP is that if he is outed again and suffers another arrest for failure to conceal, it may cause them to decide it is more than an accident. It is kind of like using up your "get out of jail free" card. Same goes for me if I am involved in another self defense situation. i have to make darn sure it is not a questionable situation or a prosecutor might decide I am trigger happy. he might not see it my way if the situation is even a little questionable.


Almost forgot... I am not a lawyer...I did not stay at a holiday inn express... but I did spend two days in Lew Sterrett justice center 14 years ago... LOL.

03Lightningrocks wrote: The record of arrest. Even if the DA chooses not to prosecute, the record of your arrest will remain. If they choose to prosecute the case at a later date they can. I am not sure of how long the statute of limitations applies, but it depends on the classification of the crime.

What happened to the 6th amendment? (Which has been applied to the states thru the 14th amendment.)

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial. ...

What happened to the "speedy" part. Seems if they aren't willing to prosecute, it should be expunged. (Just sayin'...)

sjfcontrol wrote:What happened to the "speedy" part. Seems if they aren't willing to prosecute, it should be expunged. (Just sayin'...)

"We'll get back to you just as soon as we have ALL of the evidence gathered."

jimlongley wrote:

sjfcontrol wrote:What happened to the "speedy" part. Seems if they aren't willing to prosecute, it should be expunged. (Just sayin'...)

"We'll get back to you just as soon as we have ALL of the evidence gathered."

Well, live and learn...I reckon? Now then, y'all are tellin' me that after the prescribed amount of time has lapsed, the non-guilty still has to pay to have the record expunged? This may be correct but it sure don't sound right. I sure have led a sheltered life.

Oldgringo wrote:

jimlongley wrote:

sjfcontrol wrote:What happened to the "speedy" part. Seems if they aren't willing to prosecute, it should be expunged. (Just sayin'...)

"We'll get back to you just as soon as we have ALL of the evidence gathered."

Well, live and learn...I reckon? Now then, y'all are tellin' me that after the prescribed amount of time has lapsed, the non-guilty still has to pay to have the record expunged? This may be correct but it sure don't sound right. I sure have led a sheltered life.

If its such a sheltered life, why are you worried about the cops coming for you?

marksiwel wrote:

If its such a sheltered life, why are you worried about the cops coming for you?

Well, maybe it wasn't so much a sheltered life as knowing what was expected of me and learning (maturity) when to keep my mouth shut.

Oldgringo wrote:

marksiwel wrote:

If its such a sheltered life, why are you worried about the cops coming for you?

Well, maybe it wasn't so much a sheltered life as knowing what was expected of me and learning (maturity) when to keep my mouth shut.

Couldn't have said it better myself. Oldgringo, you are the MAN!!!

03Lightningrocks wrote:Almost forgot... I am not a lawyer...I did not stay at a holiday inn express... but I did spend two days in Lew Sterrett justice center 14 years ago... LOL.

I'm going waaaaayyyy out on a limb and guess it was as an employee, not a guest.

Dragonfighter wrote:

03Lightningrocks wrote:Almost forgot... I am not a lawyer...I did not stay at a holiday inn express... but I did spend two days in Lew Sterrett justice center 14 years ago... LOL.

I'm going waaaaayyyy out on a limb and guess it was as an employee, not a guest.

Your limb is about to break off.

Again... I am not a lawyer and no expert on being arrested. I am just saying that this is how it worked in my case. Apparently it is how it is going to work in the OP's case also. What I learned from my case is that any time you use a gun for self defense, no matter how obvious it might be that you are justified, be prepared to get arrested and go to jail. The cops will tell you right quick that it is the judge and juries job to decide if your right or wrong.

Thinking about what happened to the OP, I have about come to the conclusion that the cops received a call about a guy with a gun. They responded in force. once they had put on such a huge show, they believed they had no choice but to arrest the OP until they could sort through the details of what happened. I don't think I have ever heard any stories about cops changing their mind once they decide your going to be arrested. Looking at it from their side, what if they had turned him loose and he went down the road and shot someone? Until they can figure out just exactly what is what, they have to take the safe way out. At the point of his arrest, they probably didn't know the details of why he had the gun and why anyone saw it. All they had was a report from a security guard stating that some guy was in the government building with a gun. I am not saying what they did was necessarily right, but neither was arresting me when I was defending myself. Hey, what you gonna do... the cops have to be sure they don't turn a feller loose that needs to be in jail. I have heard about others in self defense situations going to jail initially. Be prepared fellers. Your carrying a gun... cops take guns seriously.

Oldgringo wrote:

jimlongley wrote:

sjfcontrol wrote:What happened to the "speedy" part. Seems if they aren't willing to prosecute, it should be expunged. (Just sayin'...)

"We'll get back to you just as soon as we have ALL of the evidence gathered."

Well, live and learn...I reckon? Now then, y'all are tellin' me that after the prescribed amount of time has lapsed, the non-guilty still has to pay to have the record expunged? This may be correct but it sure don't sound right. I sure have led a sheltered life.

One more thing. There may be some misunderstanding about what is meant by "pay". One can do the necessary paperwork on their own to get it expunged and it will only cost some minimal fees and court costs. I think I remember the lawyer I talked to at the Dallas Court house mentioning something in the 20-30 dollar range. The 1000.00 is what a lawyer might charge to do the paperwork for you.

About a year ago there was a guy on here who went to get a tasty burrito and accidentally exposed his 2nd amendment in a gas station. He got similar, guns in face treatment as the OP, but was released on the scene, even after they found 3 guns in his car. If I recall correctly, his CHL didn't show up when they ran his license either. I think this was in the Fort Worth area, and the gas station employee had been robbed the week before, thus the freaking out. Now that's a much better outcome than this was.

jimlongley wrote:

sjfcontrol wrote:What happened to the "speedy" part. Seems if they aren't willing to prosecute, it should be expunged. (Just sayin'...)

"We'll get back to you just as soon as we have ALL of the evidence gathered."

The trial has to be speedy, whatever that means, but it doesn't mean a bank robber gets off free if he can evade capture for a year, and it doesn't mean Polanski should escape prosecution because he was in Europe .

snorri wrote:

jimlongley wrote:

sjfcontrol wrote:What happened to the "speedy" part. Seems if they aren't willing to prosecute, it should be expunged. (Just sayin'...)

"We'll get back to you just as soon as we have ALL of the evidence gathered."

The trial has to be speedy, whatever that means, but it doesn't mean a bank robber gets off free if he can evade capture for a year, and it doesn't mean Polanski should escape prosecution because he was in Europe .

Correct, but AFTER THEY''RE CAUGHT, the clock starts ticking. In this case, all the evidence should have been collected at the time of the arrest. Other than the gun and license, police reports, and perhaps the 911 call, what else could there be? If there isn't enough there to prosecute, and they drop the case, it should be over.

(I believe you're talking about the Statute of Limitations.)