TexasCHLforum.com

Hello all this is my second post both in one night go figure.

I have been calling DPS and emailing them for some time now and have only gotten one response. I have a legal issue and I do not want to go into the details of the case. Basically I have an investigator from the county attorney's office who is asking me for records from a class I taught in December. Now I know that they have to subpoena DPS for the records. But they are also asking me for a written statement.

Now I have called and emailed DPS asking for guidance in the case. The only time I was able to get a reply was from the Sgt. who was in charge at the time of my instructor class. The Sgt. returned my emails and called me and said that he would have someone call me. But that never happened. Recently I sent another email and got a reply stating that they have not received any thing from me and that this is the first time they have heard of the case.

So I sent a long detailed email to them with the information on the case. Again no reply to this and no indication that they received it. Now the county attorney investigator is asking again for a statement. So the question is do I give a written statement. Now I am a retired Peace Officer and I know what written statements are for and I know that the next step is I will have to testify at the trial if it gets that far.

Now if I give a written statement it will basically be all the information that they want from the requested records in this case and I will not lie or break the law if I am subpoenaed. So you would think that an agency that is concerned about its licensing instructors and following the laws would be in touch and give some guidance to me but they are absent. So in frustration what do all of you guys think is the best course of action.


Joe

It wouldn't surprise me if DPS won't give legal advice. In your shoes, I would refer the investigator to my attorney.

Sounds like it's time to lawyer up.

I agree with the subpoena route. That will cover you and them both in the event someone wants to complain about information released to the investigator.

I would definitely get an attorney and let him/her decide how to respond. I understand and respect your need to refrain from giving details, but you need legal advice. Although it doesn't sound like you are the target of an investigation, you don't want to invite yourself to a lawsuit later.

Chas.

Listen to Charles and heed his advise.

I need to clear up a few things. The case is not about me and I am not under investigation. The case is where a CHL holder was arrested and told the prosecution that he had never had any training in Texas on CHL laws and did not have a Texas CHL. The guy was in one of my December classes, now I have no idea if he ever got the Texas CHL or not, at the time of arrest he claimed to have another states CHL. So the prosecution found out that he had been in my class and they want information on that class. the case stems around the right of the police to disarm during a stop.

I have already told them that in order to get the records they have to subpoena DPS and they are doing that. But they are asking me for a written statement. Now I am a retired peace officer and I know that written statements are used as a precursor to testifying in court. Statements are not read in court but are used by attorneys to make sure you are not lying or changing your testimony. At that point they can bring in your statement and use it to show the court that you are either lying or you lied on your statement which leads to perjury charges.

So I know that the county attorney wanting a written statement means that they are contemplating having me testify in this case as a prosecution witness. My only concern here is DPS yanking my instructors license not with any criminal charges against me. That is why I was asking them for guidance on the issue of giving a statement. Since the CHL laws govern the release of information and the written statement will have details about the class and a student in that class and basically have all the information that the documents they are requesting in it. I thought that DPS would be concerned about that enough to give me some guidance on how to proceed. But I was wrong they have been silent and claiming that they know nothing about the case.

Joe

Charles advice is your best bet. Get a lawyer involved to make sure your bases are covered.

As for DPS not knowing about anything, that is very possible. If the individual took your class but never applied with DPS for the license, then all they would have is the CHL-7 and CHL-8 from you showing he took your class. Nothing else would be there. That may be why they are requesting your records to show if he did or didn't take the class and what you did or didn't teach.

Bottom line, if it were me, I would follow Charles advice and get legal representation.

Listen to Charles. Get a lawyer. Even if its not about you, it COULD become about you. Better to waste some bucks and be safe then not, and be staring at head scratcher type charges.

need to clear up a few things. The case is not about me and I am not under investigation. The case is where a CHL holder was arrested and told the prosecution that he had never had any training in Texas on CHL laws and did not have a Texas CHL. The guy was in one of my December classes, now I have no idea if he ever got the Texas CHL or not, at the time of arrest he claimed to have another states CHL. So the prosecution found out that he had been in my class and they want information on that class. the case stems around the right of the police to disarm during a stop.

See the bold. After re-reading this, alarm bells are going off. I think its become about you, else they wouldn't be interesting in anything other than "did he take the class or not" info via DPS. If its not about you why do they want to know about your class? Its irrelevant to any fact pattern I can think of based on the limited info you've been able to provide (don't provide any more to anyone who is not retained by you).

You should stop talking to them without your lawyer present or be willing to embrace the consequences.

Thanks guys for the advice and I do have the insurance from the NRA

Joe

tell them to take your course then they will know what you are teaching