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Appeal Aggravated assault with firearm conviction

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#1 kaylord84

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Posted 09 August 2016 - 08:20 AM

Anyone know a good 2nd amendment lawyer that help me file an appeal . I was convicted of aggravated assault with a firearm yesterday. An individual lied on me and said I pulled a gun in him. There's many holes to his testimony and I f didn't do it. Or someone in the nra maybe can help me as I am a member. The judge reasoning for conviction as he stated was that there was reason to believe that I had a gun on the streets which doesn't make any sense because I'm a valid CCL holder please help

#2 FieldGL

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Posted 09 August 2016 - 08:37 AM

Here's a thread I have bookmarked. 

 

http://illinoiscarry...showtopic=40387



#3 WARFACE

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Posted 09 August 2016 - 09:18 AM

:lips sealed:


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#4 TomKoz

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Posted 09 August 2016 - 09:41 AM

This is a situation that possibly could happen to any one of us that carries.

You are in a store (no security cameras) and some anti notices you are carrying - firearm printing, or you reach for top shelf and momentarily partially expose.

Anti, being a Richard Head, calls cops and says you pulled your gun.

Cops guestion anti: "can you describe the firearm?"
Anti: "it was black."

How many of us are getting arrested?? Is your carry firearm black?
Stay Alert ... Stay Alive !!

#5 kaylord84

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Posted 09 August 2016 - 10:09 AM

funny thing is the individual testified that my firearm was black but its actually stainless steel


Edited by kaylord84, 09 August 2016 - 10:10 AM.


#6 RandyP

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Posted 09 August 2016 - 10:13 AM

Review the list supplied, hire one of them after talking to them on the phone first to discover your options and the likely financial burden.

 

Don't know who your first attorney was, and I don't want to. If you have been convicted that means you've gone through the mill already. Shall we infer you are presently incarcerated? Or out on bond awaiting sentencing?



#7 kaylord84

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Posted 09 August 2016 - 10:52 AM

12 months probation



#8 Cerus

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Posted 09 August 2016 - 11:03 AM

Concealed means concealed - how'd they know you even had a gun? Gonna be a tough fight if they're are no witness or video footage. Unfortunately it sounds like the he said she said went their way since you did have a gun and they somehow knew about it.

#9 mic6010

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Posted 09 August 2016 - 11:18 AM

Cops guestion anti: "can you describe the firearm?"
Anti: "it was black."

How many of us are getting arrested?? Is your carry firearm black?

I have an all grey gun thats cerakoted light grey right down to the magazine. I win lol.

 

But honestly though if someones gonna go to that trouble to get you stitched up you're probably not coming out on top. How many peoples holsters are black or wear black belts ? Anything black on your waist can be construed to be a firearm if a person is gonna lie and say you pulled one and you have one on you. 


Edited by mic6010, 09 August 2016 - 11:20 AM.

"Living in Chicago, it used to be, 'don't go out at night,' or 'be more careful at night'. Now it's turned into a place where it doesn't matter if it's day or night."  - John Hendricks.


#10 kaylord84

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Posted 09 August 2016 - 11:19 AM

The person was a former friend of mine for over 20 years. Been to my home before

#11 kaylord84

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Posted 09 August 2016 - 11:21 AM

Concealed means concealed - how'd they know you even had a gun? Gonna be a tough fight if they're are no witness or video footage. Unfortunately it sounds like the he said she said went their way since you did have a gun and they somehow knew about it.



The firearm was inside my vehicle not on my person when I was arrested. The individual was a former friend of mine .

#12 04 Cobra

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Posted 09 August 2016 - 11:27 AM

I agree, that concealed means just that!  Ugly situation you're in and now you're Gun Rights are "POOF"  gone!   Hopefully you choose better friends.  We'll  all learn a valuable lesson at your expense, wishing you a better outcome as this is very unfortunate.



#13 kaylord84

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Posted 09 August 2016 - 11:32 AM

I agree, that concealed means just that!  Ugly situation you're in and now you're Gun Rights are "POOF"  gone!   Hopefully you choose better friends.  We'll  all learn a valuable lesson at your expense, wishing you a better outcome as this is very unfortunate.


Thanks

#14 Bone999

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Posted 09 August 2016 - 11:47 AM

Sorry about what happened to you Kaylord84. Did you have a lawyer. This is what you can do you can hire an attorney and file an appeal. I believe that you have 30 days after the conviction to file an appeal. Good Luck.

#15 Hazborgufen

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Posted 09 August 2016 - 12:10 PM

Did you have a lawyer during the trial, and if so, was it a lawyer that knew anything about gun laws? Was it a jury trial or a bench trial?



#16 Cerus

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Posted 09 August 2016 - 12:12 PM

Concealed means concealed - how'd they know you even had a gun? Gonna be a tough fight if they're are no witness or video footage. Unfortunately it sounds like the he said she said went their way since you did have a gun and they somehow knew about it.


The firearm was inside my vehicle not on my person when I was arrested. The individual was a former friend of mine .

Former friend for sure - what an asshole. Was there any witnesses or were you in a busy business area that might have security footage?

#17 kaylord84

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Posted 09 August 2016 - 12:24 PM

Concealed means concealed - how'd they know you even had a gun? Gonna be a tough fight if they're are no witness or video footage. Unfortunately it sounds like the he said she said went their way since you did have a gun and they somehow knew about it.


The firearm was inside my vehicle not on my person when I was arrested. The individual was a former friend of mine .

Former friend for sure - what an asshole. Was there any witnesses or were you in a busy business area that might have security footage?

My wife was there and my kids . Lawyer didn't use anyone to testify not even myself

#18 kaylord84

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Posted 09 August 2016 - 12:27 PM

Did you have a lawyer during the trial, and if so, was it a lawyer that knew anything about gun laws? Was it a jury trial or a bench trial?


Had lawyer he knew nothing about guns laws and it showed in trial. It was a bench trial . I believe a jury would have ruled not guilty in my opinion. There were too many variations of the story . The original compliant was that I pulled the gun out and pointed but when the individual testified it he claims it was in my pocket

#19 kaylord84

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Posted 09 August 2016 - 12:28 PM

Sorry about what happened to you Kaylord84. Did you have a lawyer. This is what you can do you can hire an attorney and file an appeal. I believe that you have 30 days after the conviction to file an appeal. Good Luck.


Thanks I will definitely appeal. Just need a good 2a lawyer that's not gonna cost a arm and a leg

#20 Glock23

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Posted 09 August 2016 - 12:30 PM

Semi-related question...

 

Anyone know if any of the concealed carry insurance companies would have covered something like this, or do they only cover actual DGUs?


Edited by Glock23, 09 August 2016 - 12:31 PM.

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#21 DoYouFeelLucky

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Posted 09 August 2016 - 12:42 PM

Unfortunately the time to worry about the attorney and how the case was presented was prior to the first trial.  Appeals are tough.  You may want to check if you can appeal due to your attorney not being competent.


Freedom has a cost, and a free society must always be vigilant and ready to defend themselves against those that would misuse those freedoms to harm others. You cannot legislate the protection of free people, they must turn to themselves to preserve and maintain their freedom. Copyright 2012 Niner8Zulu Consulting

#22 tkroenlein

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Posted 09 August 2016 - 12:52 PM

IMO, a 2A lawyer isn't necessary. You aren't arguing anything about gun rights. What you need at this point is a vicious criminal defense lawyer. I'm aware that there is much more to this incident than you are willing to broadcast on the internet, and we don't need or want to hear them, but the facts as you have presented them would indicate that you didn't have a firearm present and that means there is no "real" witness to a crime. A good lawyer will expose those inconsistencies that come with a lie. Sent from my iPhone using Tapatalk

#23 Cerus

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Posted 09 August 2016 - 01:09 PM

Semi-related question...
 
Anyone know if any of the concealed carry insurance companies would have covered something like this, or do they only cover actual DGUs?


I don't think so. From reading about several myself, they only pay if you are exonerated in a DGU and some cover other weapons. Probably don't even touch any charges outside that.

#24 officedrone

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Posted 09 August 2016 - 01:18 PM

I dunno about what actually happened but it sounds like your attorney was worthless and did no work.


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#25 kaylord84

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Posted 09 August 2016 - 01:41 PM

IMO, a 2A lawyer isn't necessary. You aren't arguing anything about gun rights. What you need at this point is a vicious criminal defense lawyer. I'm aware that there is much more to this incident than you are willing to broadcast on the internet, and we don't need or want to hear them, but the facts as you have presented them would indicate that you didn't have a firearm present and that means there is no "real" witness to a crime. A good lawyer will expose those inconsistencies that come with a lie.

I agree can you pm any referrals


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#26 Hipshot Percussion

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Posted 09 August 2016 - 02:01 PM

 

IMO, a 2A lawyer isn't necessary. You aren't arguing anything about gun rights. What you need at this point is a vicious criminal defense lawyer. I'm aware that there is much more to this incident than you are willing to broadcast on the internet, and we don't need or want to hear them, but the facts as you have presented them would indicate that you didn't have a firearm present and that means there is no "real" witness to a crime. A good lawyer will expose those inconsistencies that come with a lie.

I agree can you pm any referrals


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IANAL.  Although you really haven't told us any of the particulars, I might suggest you don't say anything more here about the specifics of your case until after your appeal.  And good luck Kaylord.


“I have fought the good fight to the end; I have run the race to the finish: I have kept the faith."  Timothy Chapter 4 verse 7

 

"Legitimate self-defense has absolutely nothing to do with the criminal misuse of guns."   Gerald Vernon, veteran firearms instructor

 

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#27 tkroenlein

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Posted 09 August 2016 - 02:03 PM

IMO, a 2A lawyer isn't necessary. You aren't arguing anything about gun rights. What you need at this point is a vicious criminal defense lawyer. I'm aware that there is much more to this incident than you are willing to broadcast on the internet, and we don't need or want to hear them, but the facts as you have presented them would indicate that you didn't have a firearm present and that means there is no "real" witness to a crime. A good lawyer will expose those inconsistencies that come with a lie.
I agree can you pm any referrals
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Sorry, I cannot.


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#28 borgranta

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Posted 09 August 2016 - 05:18 PM

A good lawyer would have asked the accuser the following question.
Were you lying to police when you stated that the my client was pointing a gun at you or are you lying now?
Lying to police is illegal and so is perjury.
Virgin Mobile runs through Sprint towers anyone interested can sign up for virgin mobile through the following link.
https://refer.virgin...usa.com/7eoz3TQ

#29 TomKoz

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Posted 09 August 2016 - 07:00 PM

I don't believe lying to police is illegal.
Lying to a Federal agent is illegal I believe.
Stay Alert ... Stay Alive !!

#30 borgranta

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Posted 09 August 2016 - 07:44 PM

I don't believe lying to police is illegal.
Lying to a Federal agent is illegal I believe.

The link below shows that it is illegal to lie to police.
http://www.criminald...lice-friend.htm
Virgin Mobile runs through Sprint towers anyone interested can sign up for virgin mobile through the following link.
https://refer.virgin...usa.com/7eoz3TQ





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