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November 6, 2011, 05:27 PM | #26 | ||
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I'd want a lawyer, but if a glove compartment isn't an actual compartment....I don't know what is.
I'd think the glove compartment or console compartment is exactly what they are talking about, which is why a lawyer would make sense. Maybe Henrico has it's own law. Quote:
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November 7, 2011, 01:34 AM | #27 |
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not only that Alloy and to further my obvious opinion on this case which I admit is speculation:
this cop would've done something differently depending on the person he pulled over. I am not speaking about the obvious of if he pulled over the Chief's Dad as an example...I mean in the broader sense. I feel like he did a diservice to this person who was just trying be honest and go about his business in this busy life we live. Tie goes to the runner, and he needed to cut this guy loose if he had nothing on him. Otherwise, he needs to treat everyone exactly the same. By the way, I agree with your post also. now, people make mistakes and aren't perfect, I have to give the LE that. However, I am definately not buying it. OP did the right thing though(really had no choice) - just go to jail and then go to court//really nothing else he could or can do
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November 7, 2011, 02:47 AM | #28 |
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To the OP, that is very unfortunate that you got arrested for something that would seem legal - if it does not specifically say in the state statutes that the firearm has to be locked.
Lawyer up ASAP. That arrest will also go on your record so you might need to have the lawyer take care of that so if you are ruled to be improperly arrested, they can expunge it from your record. Good luck |
November 7, 2011, 03:55 AM | #29 | |
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Just remember, when you pull the trigger, the bullets come out going very, very fast. So make sure to keep the weapon pointing away from you. |
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November 7, 2011, 04:01 AM | #30 |
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yes Dr Starngelove, we def need an update.
...only been one post in his TFL career, but I am confident we can get another sometime sooner than later
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November 7, 2011, 12:09 PM | #31 | ||
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Quote:
http://leg1.state.va.us/cgi-bin/legp...0+cod+15.2-915 Quote:
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November 7, 2011, 12:21 PM | #32 | |
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November 7, 2011, 01:41 PM | #33 |
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I'd file s complaint with the officer's supervisor. Secured can mean a velcro strap, it doesn't require a lock.
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November 7, 2011, 06:25 PM | #34 | |||
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I have court on the 10th for a pretrail, I am getting a court appointed lawyer ( Broke college student)
As for my defense, i've found this link explaining the word "Secured" from a case just like mine: http://virginialegaldefense.com/Stuf...ed_defined.PDF And this is a response from a user on a different forum: Quote:
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November 7, 2011, 06:35 PM | #35 | |
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That's some good stuff right there.
If I can jam a handgun in between/amongst all the maps and papers in my glove box, and still close it....it's more secure than any foam lined gun case. Good luck!
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November 7, 2011, 06:57 PM | #36 |
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good luck+thanx for the update. you're in good shape. when those guys talk and/or chat with you before the trial just be respectful but affirmative that you want this dropped. you'd be surprised how they can tell you they'll make it go away, yet you actually lose. let us know...tell judge you're in college if it goes that far
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November 8, 2011, 10:43 AM | #37 | |
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Virginia does NOT USE legislative history. A long time ago the VA Supreme ruled that only the text of the law AS PASSED would be considered. It shows the Legislatures final decision, and if they wanted more conditions they would have included them. It is an overall weakness in our state system. |
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November 8, 2011, 10:53 AM | #38 | |
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The way I see it....in my glove compartment is secure.
It's also the only compartment inside my car, unless the door pockets are to be considered, large enough to hold a handgun....but they aren't secure. What are you looking for? It appears the judge may find that a glove compartment's use, is the very definition of secure that is possible as required, I can wait to see.
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November 9, 2011, 01:43 PM | #39 |
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You would think with all the attorneys in both houses of the state legislature they would have defined the term in the law explicitly and clearly.
They all know very well the Virginia Supreme Court rejected 'legislative intent' a long time ago. |
November 9, 2011, 09:11 PM | #40 |
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If the laws are well defined the lawyers will go broke because there will be nothing to argue about. And what will the judges do without lawyers to entertain them, watch soap operas?
John |
November 10, 2011, 07:34 AM | #41 | |
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Here in FLA when CCW issued permits by the state became law they overlooked the school issue in this way. If you walked across the street from a school OR were in your car and drove past the front of the school you were in violation of the CCW law with regards to distance from a school and a concealed firearm. They had to amend the laws they passed because they realized the screw up. It happens, its life. As in general how many times have any of us expressed ourselves and were NOT clear and concise in every way.
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November 15, 2011, 10:27 AM | #42 | |
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November 15, 2011, 11:09 AM | #43 |
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What if my fake wallet would normally hold the same amount of money as my real one lol. I hope all goes well for you man. I know how the Communist wealth of Va Court System works.
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November 16, 2011, 08:42 AM | #44 |
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That's for insulting my home state. Jerk.
John |
November 28, 2011, 08:46 AM | #45 |
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Attention, Peteydoug:
Ok, court appointed may be good, bad, or average. The odds are not in your favor. It's your job to contact your attorney well before trial, but make sure you don't get railroaded. You have an absolute right to a whole, new trial with a jury in the Circuit Court if you're found guilty in the General District Court, so don't let anyone tell you that you have to accept a plea bargain. Make sure your lawyer knows early on that you intend to plead not guilty and you want him to be prepared to go to trial. If you're found guilty by the GDC Judge (by the way, a magistrate in Virginia is not a "judge", and is not even required to be an attorney), then call me.
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November 28, 2011, 11:26 AM | #46 | |
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If you have an attorney have them try and contact the Commonwealth's Attorney and have the whole thing 'nolle prossed.' At the least your attorney should buttonhole the CA before the case is called. Many of the CAs will talk to another attorney they see and ask what case they are there for if they see them in court. |
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December 8, 2011, 04:44 PM | #47 |
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Okay, a much needed update. I had court earlier today and I was found guilty, sentenced to 30 days in jail(All Suspended), and a $100 fine. So I went ahead and appealed it. The judge looked confused and it was the prosecuter that pushed her to find me guilty. This was not what I was expecting and i'm quite frustrated with this ordeal. My court appointed lawyer will be there at the appeal but i'm thinking about taking another route. I might just write a letter to the Governor, and who knows from there on. I really want to be entitled to some sort of restitution, for being thrown in jail, found guilty, having my gun taken away, and running around to the courts.
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December 9, 2011, 04:08 PM | #48 | |
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Quote:
Did you go to court without your own attorney? No wonder you were "found guilty, sentenced to 30 days in jail(All Suspended), and a $100 fine." GET AN ATTORNEY. This is not the place to use an appointed attorney. You probably did not have a court reporter for this 'trial' and that alone causes difficulty on appeal. The governor is not going to do anything, and you are NOT going to get "some sort of restitution, for being thrown in jail, found guilty, having my gun taken away, and running around to the courts" without suing the police department. |
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