Confiscated CHL Question

[nightmare]

But he can carry in the car as long as it's concealed.
Just gotta leave it in the vehicle , not keeping it on him.

Depends on his bail conditions, if any. He may have a stipulation that he cannot be armed.

Is that a California thing where citizens have to post bail even if they haven't been charged or arraigned?

[texanjoker]

But he can carry in the car as long as it's concealed.
Just gotta leave it in the vehicle , not keeping it on him.

Depends on his bail conditions, if any. He may have a stipulation that he cannot be armed.

Is that a California thing where citizens have to post bail even if they haven't been charged or arraigned?

Seriously a CA thing ? Did you not read where he stated he was arrested? It is common practice here in TEXAS that once arrested you are either released on your own, via a misdemeanor citation, or post bail. There are often stipulations with release imposed by the court that could include not being armed.

Long story short, I was charged with a Class B (arrested, but have not been formally charged or arraigned yet) several months ago.[/quote

[jmoney]

depending on what county and nature of the crime, it can take several months for the DA to actually get the file in their hand from intake


Arrest--->Case Prep---->Sent to DA---->Approved by DA---->First Setting


it can take a bit.

[cb1000rider]

Is that a California thing where citizens have to post bail even if they haven't been charged or arraigned?

There are places in Texas where you can immediately plead guilty / no-contest and go home. If you are going to plead not-guilty, you can sit in jail until the judge can set your bail...

[gigag04]

Is that a California thing where citizens have to post bail even if they haven't been charged or arraigned?

There are places in Texas where you can immediately plead guilty / no-contest and go home. If you are going to plead not-guilty, you can sit in jail until the judge can set your bail...

Only on felony charges, DWI refusals, family violence cases do you HAVE to wait.

Standard bond for a B is $2k and A is $4k, assuming in county address.

Class C bonds are the amount of the fine and that is usually where folks plea and pay to get out.

[nightmare]

arrested, but have not been formally charged or arraigned yet

[OldCurlyWolf]

But he can carry in the car as long as it's concealed.
Just gotta leave it in the vehicle , not keeping it on him.

Depends on his bail conditions, if any. He may have a stipulation that he cannot be armed.

If he hasn't been charged, there is no bail. He isn't in jail. There are no bail conditions. Something is fishy on this one.

[texanborn]

I just received the letter stating to surrender my handgun license, but no form or documentation was with it as it specifies in 411.187 (b) "The officer shall attach the officer's reports relating to the license holder to the form and send the form and the attachments to the appropriate division of the department at its Austin headquarters not later than the fifth working day after the date the form is prepared.  The officer shall send a copy of the form and the attachments to the license holder." Also, my license was never confiscated as evidence and I have had no luck getting any information.

My question is: Do I still surrender my license when the department that has issued this notice is in violation of their own guidelines concerning this issue?

[infoman]

Yes, you should.

[G.A. Heath]

I just received the letter stating to surrender my handgun license, but no form or documentation was with it as it specifies in 411.187 (b) "The officer shall attach the officer's reports relating to the license holder to the form and send the form and the attachments to the appropriate division of the department at its Austin headquarters not later than the fifth working day after the date the form is prepared.  The officer shall send a copy of the form and the attachments to the license holder." Also, my license was never confiscated as evidence and I have had no luck getting any information.

My question is: Do I still surrender my license when the department that has issued this notice is in violation of their own guidelines concerning this issue?

If I were you I would definitely meet the officer in person and surrender it in person while politely insisting that I get receipt for the the surrendered license. I would also have an attorney present when the license is surrendered in case the officer wanted to clarify anything.

[infoman]

I would mail your license to Texas DPS as the letter instructs you to.

[G.A. Heath]

I would mail your license to Texas DPS as the letter instructs you to.

According to the post The letter says the officer shall attach their reports to the license which means the demand is that the license be surrendered to the officer

[ninjabread]

DPS can suspend a Texas LTC, at which point "the license holder shall surrender the license to the appropriate division of the department not later than the 10th day after the date the license holder receives the notice of suspension from the department unless the license holder requests a hearing from the department." I don't see where a cop has the power to suspend a license issued by the state.

[Soccerdad1995]

This is very, very wrong. Losing a fundamental right without even having a trial just smacks of totalitarianism, to me.

[ScottDLS]

Is that a California thing where citizens have to post bail even if they haven't been charged or arraigned?

There are places in Texas where you can immediately plead guilty / no-contest and go home. If you are going to plead not-guilty, you can sit in jail until the judge can set your bail...

Only on felony charges, DWI refusals, family violence cases do you HAVE to wait.

Standard bond for a B is $2k and A is $4k, assuming in county address.

Class C bonds are the amount of the fine and that is usually where folks plea and pay to get out.

But refusal of a breath/chemical test isn't a crime, is it? You lose your DL for 6mo, but the refusal isn't a crime....

The other thing about this situation is unusual, is that if you haven't been arraigned/charged with a crime, or had the license otherwise suspended IAW GC 411, then presumably you could just ask for a duplicate from DPS, right?