Lawyer Referrals

Gun, shooting and equipment discussions unrelated to CHL issues

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mrmagnum
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Lawyer Referrals

#1

Post by mrmagnum » Mon Jul 23, 2012 1:29 pm

Hello everyone, need a bit of help.
The situation goes like this. A friend of mine was driving in his vehicle, does not have a chl. He was being harassed by bikers and being forced off the road. He was fearing for his like and drew his firearm to back them off. No shots fired in this incident. One of those bikers called the police and they pulled him over. He explained the situation and advised that his firearm is in the vehicle. He was arrested(charged with unlawful carry), firearm confiscated, and vehicle impounded. The prosecutor ultimately dropped the charges. What he wants to do is file a suit against the city (Harker Heights) but there are no lawyers in his area that will take the case. He is even willing to go beyond the 33% settlement fee for the lawyer. Can anyone refer me to a lawyer in the Austin/Temple/Killeen area that may be interested in taking this case? I appreciate any info you can give. Please forgive me if this is the wrong section and move if necessary.

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Teamless
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Re: Lawyer Referrals

#2

Post by Teamless » Mon Jul 23, 2012 1:34 pm

I dont have a lawyer answer, but I would tell your friend, as long as he is able to, to get his CHL
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Re: Lawyer Referrals

#3

Post by mrmagnum » Mon Jul 23, 2012 1:37 pm

Teamless wrote:I dont have a lawyer answer, but I would tell your friend, as long as he is able to, to get his CHL
I've been pushing him to do that. I'm working on getting my instructors license so he won't have an excuse when i do :lol:

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Re: Lawyer Referrals

#4

Post by Keith B » Mon Jul 23, 2012 1:55 pm

The problem is, he drew his gun and didn't call 911 to tell them what happened at all. If he was in fear for his life, he should have reported it as soon as he could.

As for the city, they had the biker's story (first caller) against his. He drew the gun and pointed it at the bikers. When the cops got there, all they knew was he had a gun in the car, they had a call that he pointed it at someone, and while he had a good story, lots of people have good stories. IMO this was definitely a case of arrest him and let the DA sort out the facts. I personally don't see where the city really did anything wrong, so, that may be why no one will take the case.

Just my .02¢
Keith
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Re: Lawyer Referrals

#5

Post by mrmagnum » Mon Jul 23, 2012 1:58 pm

Keith B wrote:The problem is, he drew his gun and didn't call 911 to tell them what happened at all. If he was in fear for his life, he should have reported it as soon as he could.

As for the city, they had the biker's story (first caller) against his. He drew the gun and pointed it at the bikers. When the cops got there, all they knew was he had a gun in the car, they had a call that he pointed it at someone, and while he had a good story, lots of people have good stories. IMO this was definitely a case of arrest him and let the DA sort out the facts. I personally don't see where the city really did anything wrong, so, that may be why no one will take the case.

Just my .02¢
Good point, i'll get clarification on whether or not he called the police.

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Re: Lawyer Referrals

#6

Post by 03Lightningrocks » Mon Jul 23, 2012 3:42 pm

In a similar situation, I had witnesses and I called the cops after I fired my weapon. I never showed my gun to my attacker. He was in a truck and presented a real threat to my and my sons safety. His vehicle was ruled a deadly weapon by the DA because he was seen trying to run me off the road and chasing me all over Dallas North Tollway. The calls were pouring in as the event unfolded and all of them had me as the victim. He brandished a shot gun that was later found in his car. My word against his that he pointed it at me. They placed most of the weight of the decision on the witness accounts of him using his vehicle as a deadly weapon. All charges were dropped by the DA. I remember one of the questions the cops ask me was why I did not call 911 when the incident first started. I told them the phone slid under the seat during the eratic driving. His own passenger was so freaked out after they got pulled over, his passenger rolled over on him in front of the cops.

The way I see this situation is your friend is going to have a hard time convincing the authorities that a guy on a motorcycle was a danger to a guy driving a car or truck. His other issue is that the bikers called in first. Just for the record, many "bikers" these days are professionals, such as Doctors, lawyers...etc. Your buddy is lucky they dropped the charges. he should move along. The DA could get mad and decide to persue the case. I was charged with two counts of AA and AM... LOL. Guess those initials. I was so glad I didn't have to see a court room, I celebrated when the Grand Jury no-billed the charges. I strongly suggest he not poke sticks at the Tiger cage.

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Re: Lawyer Referrals

#7

Post by Jim Beaux » Mon Jul 23, 2012 4:48 pm

mrmagnum wrote:Hello everyone, need a bit of help.
The situation goes like this. A friend of mine was driving in his vehicle, does not have a chl. He was being harassed by bikers and being forced off the road. He was fearing for his like and drew his firearm to back them off. No shots fired in this incident. One of those bikers called the police and they pulled him over. He explained the situation and advised that his firearm is in the vehicle. He was arrested(charged with unlawful carry), firearm confiscated, and vehicle impounded. The prosecutor ultimately dropped the charges. What he wants to do is file a suit against the city (Harker Heights) but there are no lawyers in his area that will take the case. He is even willing to go beyond the 33% settlement fee for the lawyer. Can anyone refer me to a lawyer in the Austin/Temple/Killeen area that may be interested in taking this case? I appreciate any info you can give. Please forgive me if this is the wrong section and move if necessary.
It's a matter of economics,lawyers are not going to take a weak case on contingency; they would starve.
“In the world of lies, truth-telling is a hanging offense"
~Unknown


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Re: Lawyer Referrals

#8

Post by JeepGuy79 » Mon Jul 23, 2012 4:59 pm

I would call it a wash and be glad no one was hurt and your friend was not charged. He should really think about cooling off for a couple months and revisiting this again.


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Re: Lawyer Referrals

#9

Post by Salty1 » Mon Jul 23, 2012 5:49 pm

I agree with the others here, your friend should take this as a lesson learned and just move on with his life. I seriously doubt that a lawyer will take on a case that in my opinion has no chance of winning. What would be the basis for the suuit, false arrest? AS you stated the so called "bikers" made the call, the report was taken and your friend pulled over and ultimatly took a ride based on the facts as the officer on the scene understood them. The DA declined to prosecute, that could be for many reasons, they felt they would not get a conviction, possibly the caller would not come to court and testify. False arrest? Maybe but the I feel the lesson learned and shared here is most valuable.
Salty1

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Re: Lawyer Referrals

#10

Post by WildBill » Mon Jul 23, 2012 6:19 pm

So offense to the OP, but I think that this is a good example that shows it is not that simple to sue a city or PD for making a mistake. I read too many posts suggesting to sue someone and get rich. Of course, I am assuming that the guy got back his car and firearm.

I believe that, especially in a small town, it could be tough to get a lawyer to take a case that might damage his practice and ability to make a living.
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Re: Lawyer Referrals

#11

Post by RSJ » Mon Jul 23, 2012 7:43 pm

Look into the Texas governmental tort claims act. You'll see why lawyers are not jumping to take these cases. Hope it works well. If I was licensed in Texas (soon enough) I'd be happy to try and help.
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Re: Lawyer Referrals

#12

Post by 03Lightningrocks » Mon Jul 23, 2012 7:48 pm

RSJ wrote:Look into the Texas governmental tort claims act. You'll see why lawyers are not jumping to take these cases. Hope it works well. If I was licensed in Texas (soon enough) I'd be happy to try and help.
You graduating from law school or studying for the bar exam?

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Re: Lawyer Referrals

#13

Post by RSJ » Mon Jul 23, 2012 7:51 pm

03Lightningrocks wrote:
RSJ wrote:Look into the Texas governmental tort claims act. You'll see why lawyers are not jumping to take these cases. Hope it works well. If I was licensed in Texas (soon enough) I'd be happy to try and help.
You graduating from law school or studying for the bar exam?
Depending upon my schedule, I could graduate in 3 more semesters (possibly in one year). I am about to have a provisional license in Oklahoma, but will be getting back to TX as soon as possible. I plan on doing criminal defense and I am exploring the idea of setting up NFA trusts for people in the DFW area.
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03Lightningrocks
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Re: Lawyer Referrals

#14

Post by 03Lightningrocks » Mon Jul 23, 2012 8:04 pm

RSJ wrote:
03Lightningrocks wrote:
RSJ wrote:Look into the Texas governmental tort claims act. You'll see why lawyers are not jumping to take these cases. Hope it works well. If I was licensed in Texas (soon enough) I'd be happy to try and help.
You graduating from law school or studying for the bar exam?
Depending upon my schedule, I could graduate in 3 more semesters (possibly in one year). I am about to have a provisional license in Oklahoma, but will be getting back to TX as soon as possible. I plan on doing criminal defense and I am exploring the idea of setting up NFA trusts for people in the DFW area.
Don't get into too big of a hurry to graduate. There are very few law jobs available, unless you are already connected through family or friends. My son passed his bar exam last November and is still unemployeed, except for contract work here and there. About half the students he graduated with are in the same boat and the ones finding jobs are getting paid ridiculously low salaries. He graduated at the top of his class but it doesn't seem to matter when law firms are not hiring.

Keep up the hard work. Maybe things will be better by the time your ready to go.


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Re: Lawyer Referrals

#15

Post by mrmagnum » Mon Jul 23, 2012 9:43 pm

Well I had to try, thanks for all the comments. I'll just let him know he should let it go.

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