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Old December 3, 2017, 02:15 PM   #1
fredvon4
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How to find the correct type Lawyer?

Below in this forum is a locked thread about my Brother In law and his son
Texas

At issue is a convicted felon, the now 35 YO son, and the buying and giving of firearm to him by his dad.

Not clear if this son is "prohibited person" by Federal law but from what I know, I assume he is

Unknown is exact wording of the conviction...calls by me to city AG or presiding judge are not being answered

I am in this, because my Brother In Law is ignorant..not interested in the answers, and seem to be unaware that some trivial event could find him with a federal conviction and jail time.

I would like to talk to a good lawyer...pay in necessary to find out 3 things

Is my nephew really a prohibited person?

How can he regain 2A rights

What is best coarse of action right now to prevent charges of Prohibited in possession and transferring fire arm to prohibited person?

I am recommending my nephew find all his fire arms and give them to some other family member for safe keeping away form his possession or control until this is sorted...

My meager understanding is he can OWN fire arms but not have any possession or control of the property he paid for

Since my post a few week past, I have been casually searching for a local or near by lawyer... on line... no calls to any yet cuz I am ignorant to what I am actually looking for

Looking for suggestion on how to find the right kind of lawyer

TIA
I know a few here help a lot with much time and free advice
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Old December 3, 2017, 04:01 PM   #2
Bartholomew Roberts
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If your nephew is a comvicted felon, then he is a prohibited person and the information in your post implicates several other peoplein felony crimes. This is likely one reason your previous post was locked; because it is a bad idea to seek advice on sensitive legal matters online where you are not protected by attorney-client privilege.

As far as course of action, a prohibited person is unlikely to be convicted if they are not in possession of the prohibited items. So, that would be step one - surrendering control or possession of the prohibited items to someone who can legally possess them.

Have you tried the state bar website? It typically lets you search for lawyers by specialty - such as firearms law or criminal defense. No guarantee it will be helpful; but at least your inquiries will be protected.
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Old December 3, 2017, 04:24 PM   #3
Spats McGee
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First of all,
Quote:
Originally Posted by fredvon4
. . . .calls by me to city AG or presiding judge are not being answered
For the prosecutor, city attorney, and presiding judge, your BIL's case is closed. There's nothing left for them to do on it, and they can't give you legal advice.

You'll need a lawyer versed in criminal law, firearms law, and the restoration of gun rights. You could start here: https://www.texasbar.com/AM/Template...lient_Main.cfm

Do you know any lawyers licensed in TX? Call them. Even if they practice in a whole different arena, like health care law, they have friends in different practice areas. Get recommendations from other lawyers.

Good luck.
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Old December 4, 2017, 09:02 AM   #4
fredvon4
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The only reason I contacted the City AG ( who accepted a plea deal to reduce the charge) and the judge was to simply ask EXACTLY when what he was convicted of.

All I know is he had a lawyer, plead down to some lesser charge, and did not have a jury trail.

Any way I got what I need to do a search for the correct type of lawyer

Thank for the assist
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Old December 4, 2017, 02:01 PM   #5
5whiskey
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Quote:
The only reason I contacted the City AG ( who accepted a plea deal to reduce the charge) and the judge was to simply ask EXACTLY when what he was convicted of.
In most states criminal convictions are public record. Go to the clerk of superior court, and be prepared to pay a small fee. They will give you the information you seek. After you do this, seek an attorney to petition for a restoration of rights... but understand that even if the State of Texas restores his 2A rights, that does not mean that the Federal Government will. He will likely be a prohibited person in the Federal Governments eyes forever*

*There are some states that have lower thresholds for felony convictions that the Federal government chooses not to enforce in regards to it's Possession of Firearms by convicted felon laws. As I understand it, even this isn't a hard rule. It's traditional prosecutorial discretion that could go away tomorrow as priorities change.
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Old December 4, 2017, 03:23 PM   #6
fredvon4
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I guess the most frustrating part of this is how easy it is to loose a RIGHT with no very clear path to getting that RIGHT back

Admittedly I need to do more learning

You would think if you screw up when young...get into the SYSTEM...make a change and fly right for decade + later and every indication is you plan rest of life as a productive tax paying society plus and not a minus

MY nephew got it...did the time, owns his house, has other property, pays his bills, climbed the ladder as an electrician and is a Master and Foreman for a large Austin Texas firm.... manages a BUNCH of projects, teams, and a very large budget, makes more money now that wife and I ever did...we are very proud of this young man...and I actually like my brother in law

Yes early teen years were tough for tis rural kid with almost every kid his age doing truck bed pasture parties and getting drunk...BUT when ever caught...told the truth and took the lumps...no complaining

I fear the system, his probation officer, and the state of Texas have set him up to be a future FEDERAL convict

I know for a fact he bought a long gun last year at the local FFL gun and ammo selling feed store ---and went home with it that day....

I may just be being over paranoid... but I know the accident, he was intoxicated, and there was an injury and a paid law suit to the injured passenger...

I have a hard time believing "Injury DWI 3rd" (what the State Patrol arrested him for) could be plead to a lesser charge in Texas that would NOT have at least a 1 year jail term....

I was at the "trail with the Judge" Gavel on 90 day county jail, 10 years probation, interlock, AA mandatory, and court costs ---over a decade ago

I am not sure the probation officer is a valid source for the answer my Nephew got
I am curious about NICS not flagging him...but seems in Texas that may not be surprising

Any way I am seeking a lawyer to help me figure this all out and stop worrying
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Old December 4, 2017, 06:55 PM   #7
dreaming
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Googled It

I googled TExas Gun Rights Lawyer and got a hit within two minutes. https://www.avvo.com/legal-answers/t...o-1410142.html

Scroll down to the guy in Austin. If you are in another area he may have a referral or spend a few more minutes on Google.

WHAT YOU SHOULD NOT BE DOING IS BROADCASTING the fact that your relative is a felon in possession of a firearm by asking about this on a public forum.

A felon is not only prohibited from possessing firearms, but ammunition.

Last edited by dreaming; December 4, 2017 at 07:01 PM.
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Old December 5, 2017, 12:09 PM   #8
5whiskey
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Quote:
WHAT YOU SHOULD NOT BE DOING IS BROADCASTING the fact that your relative is a felon in possession of a firearm by asking about this on a public forum.
+1. Please stop doing this. I understand concern for your family, but a public forum is not the place to tell this story. Some attorney's offer free consults. Get it off your chest there, and they may give you good advice to pass along.
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Old December 5, 2017, 01:16 PM   #9
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I would just add my voice to those advising of the impropriety of discussing this matter here. Ask a lawyer with experience.

A felon having his/her rights restored is a topic that always stirs emotion. I am generally for restoration of rights after a suitable period of time if all requirements have been met. I do think that each case has to be decided on its merits and the felon needs to do the work to make that happen. I would add that "screwing up when young" doesn't necessarily mean rights should be restored. All felonies are not equal, and some should and do, have permanent consequences.
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Old December 5, 2017, 01:59 PM   #10
Paul B.
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"A felon having his/her rights restored is a topic that always stirs emotion. I am generally for restoration of rights after a suitable period of time if all requirements have been met."

My neighbor found out the hard way that the NCIS does not recognize the restoration of rights.
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Old December 5, 2017, 02:09 PM   #11
Spats McGee
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I believe that we've given the OP all the help we really can here.

Good luck to you, OP.
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