Author Topic: Lawyers in CO? (Read 18252 times)

PTK · « **Reply #50 on:** August 24, 2009, 02:31:39 PM »

Discussion (briefly) over the telephone with the lawyer:

"Criminal history?" None.

"Prior incidents with police in that area?" None.

"I'll get you a deferred judgment. Stop worrying - no jail time, no ticket, and we'll get your property back."

From what I understand; a guilty plea is entered with conditions that if I commit no crimes in X period of time, the record is removed, property is returned, and the guilty plea and entire criminal case history are withdrawn.

I'll be talking to the lawyer in person on Wednesday and retaining his services at that time. I feel better.

Now all I need to worry about is how much he'll cost me.

vaskidmark · « **Reply #51 on:** August 24, 2009, 02:48:26 PM »

You need to triple-check on how that is going to effect your RKBA. If you plead guilty, enter an Alford plea, or plead no contest you could be giving up your RKBA as they seem to look at the longest sentence you could have received, rather than what you actually got. (All based on your earlier statements that RKBA is at issue.)

There are some judges (admittedly here in Virginia - I know no judges in Colorado) that accept not guilty or no plea entered (defendant stands mute - court declines to enter a plea on behalf of the defendant) in a deferred judgement situation. Same conditions of "good behavior" for X months and then return to court to review and enter final judgement. Also with deferred judgement I suggest that you not accept anything that even remotely smells of "community service" or "writing an essay" as that can come back to bite you as an admission of guilt.

I'm still a bit hazy on this, as I keep hearing/reading conflicting and contradictory stuff about it. As such, the warning.

Now, if I recall an earlier post I suggested you negotiate fee and payment with the tile crawler as soon as possible. It seems your predicament is fairly common in this attorney's practice and that he has handled similar cases before. This is correct, no? If so, then his fee ought to be proportionally less than if he had to do a lot of legwork and perusing the lawbooks for a way to get you off the hook.

You can either negotiate the fee with him (ethical and commonly done) or you can shop another lawyer for comparison pricing (perhaps not ethical). Either way, I am encouraging you to be in his office ASAP to get the fee settled and your retainer in his escrow account. IIRC you have a few weeks to get his fee to him.

stay safe.

skidmark

** edited to add para #2.

PTK · « **Reply #52 on:** August 24, 2009, 02:52:56 PM »

I specifically asked him about that - my rights WILL NOT be harmed. This is a fairly common case, unfortunately - the city doesn't follow their own rules to the letter.

I have until the 15th, when my summons to court is. I'll be going in this Wednesday at 4:15pm to hand the lawyer at least a small amount to officially be a client, along with negotiating the rest of the fees.

vaskidmark · « **Reply #53 on:** August 24, 2009, 03:00:26 PM »

So if the city is not following its own rules, can you sue them after you get off?

stay safe.

skidmark

PTK · « **Reply #54 on:** August 24, 2009, 03:02:02 PM »

Going to discuss that with the lawyer on Wednesday. Also, I saw your PM. I'll get back to you Wed night/Thurs.

norinco982lover · « **Reply #55 on:** August 25, 2009, 01:09:41 PM »

Well update us when you find out. We're all pulling for ya!

PTK · « **Reply #56 on:** August 26, 2009, 12:22:42 AM »

If any of you are interested, I'm already posting a few things to sell to pay for all this. You can see my THR thread here.

I'll be adding more rifles and a few pistols over the next day or three.

PTK · « **Reply #57 on:** August 27, 2009, 03:24:59 PM »

Okay, folks. For those that felt like contributing to this effort, vaskidmark will be setting up a legal defense fund for me. He's very kindly loaning me money to retain the lawyer, but expenses past that (trial, etc) might well come up.

vaskidmark · « **Reply #58 on:** August 27, 2009, 05:31:06 PM »

Quote from: PTK on August 27, 2009, 03:24:59 PM

Okay, folks. For those that felt like contributing to this effort, vaskidmark will be setting up a legal defense fund for me. He's very kindly loaning me money to retain the lawyer, but expenses past that (trial, etc) might well come up.

I'll be dropping by the bank tomorrow to set up a short-term savings account - probably my legal name DBA The PTK Legal Defense Fund. As much as everybody hates PayPal for their anti-gun politics, I use them for stuff like this because I still have a PayPal account and it is a secure method of transferring funds. The only request is that you do NOT make contributions via your credit/debit card, as after 3 per 30 days they rip off a percentage.

Anybody that refuses to use PayPal please PM me for name/address to send a check or MO to. I do not mind going to the bank to deposit same, as I get to Open Carry into Wachovia (Wells Fargo has told them where to stick their previous policy and besides the manager at my local branch likes that I come in every now and then - makes the sketchy-looking folks be sure to behave nicely

).

Probably after Noon EDT 8/28 I'll post the official account info.

Everybody that makes a contribution gets an official PM acknowlegement of the exact amount received and the date it was deposited/transferred into the account.

I'm going to start a new thread for the fund, with a link back to this thread for info. When I do I'll be asking the mods to consider stickying it for the duration. Once I do that & get it stickied I'll also post a running balance after every contribution. Anybody who knows how to insert one of those thermometer thingies please contact me with info/details.

stay safe.

skidmark

Balog · « **Reply #59 on:** August 27, 2009, 10:57:56 PM »

Quote from: vaskidmark on August 27, 2009, 05:31:06 PM

Anybody who knows how to insert one of those thermometer thingies please contact me with info/details.

stay safe.

skidmark

vaskidmark · « **Reply #60 on:** August 28, 2009, 08:33:41 AM »

Thank you, Balog.

I presume you will be appearing through the wekend?

By the way, how's the veal?

stay safe.

skidmark

Balog · « **Reply #61 on:** August 28, 2009, 09:25:46 AM »

Don't forget to tip your waitresses.

Gewehr98 · « **Reply #62 on:** August 28, 2009, 02:58:55 PM »

Quote

Don't forget to tip your waitresses.

"Honey, don't eat yellow snow..."

(Not the most well-received tip I've ever left, but there it is.)

PTK · « **Reply #63 on:** September 10, 2009, 10:59:50 PM »

Well, thanks to vaskidmark's generous loan I've paid the lawyer the $1,000 retainer. We're on for the 15th at the courthouse where I will be entering a plea (not guilty, of course!) and going from there. Depending on exactly what happens, we may or may not go to trial (the prosecutor may well look at me, look at the law, and choose to withdraw the charges and return my property).

I've gone from nervous to somewhat excited at how this will turn out. There's very little chance indeed of any jail time, nigh zero. As for a ticket or fine, that's also very distant of a chance. I'm curious to see how this all plays out, now.

RocketMan · « **Reply #64 on:** September 10, 2009, 11:09:22 PM »

Good luck, PTK. Please update us after the drama is complete and there is no possible jeopardy to your situation.

PTK · « **Reply #65 on:** September 15, 2009, 11:19:53 AM »

My trial is on the 16th of October at 9AM. My lawyer is confident.

Viking · « **Reply #66 on:** September 15, 2009, 11:36:00 AM »

Quote from: PTK on September 15, 2009, 11:19:53 AM

My trial is on the 16th of October at 9AM. My lawyer is confident.

Good to hear

.

vaskidmark · « **Reply #67 on:** September 15, 2009, 11:55:23 AM »

crossing those body parts that do not hurt to be crossed.

post the outcome as soon as you can.

we want details and pictures if you are aquitted.

stay safe.

skidmark

vaskidmark · « **Reply #68 on:** October 16, 2009, 08:19:31 PM »

I'm figuring it is quarter after 5 PM out in Colorado. I checked my phones for voicemail, and my ISP for emails. Nothing from PTK asking for bail money.

So where is the report from him?

What happened? Did he get aquitted? Or was the proverbial book thrown at him? Is he buried so far under the jail it will take a week for sunshine to reach him, or is he out celebrating with his now-dulcet-voiced sweetie instead of providing us with the ugly details?

stay safe.

skidmark

Scout26 · « **Reply #69 on:** October 16, 2009, 09:22:17 PM »

Either way i think we needed to get heavily armed and go bust him out !!!

PTK · « **Reply #70 on:** October 16, 2009, 10:20:40 PM »

Sorry, I slept all of 30 minutes last night due to pain issues and then fell asleep VERY quickly after court - and then I was kept quite busy by my SO after that.

Long story short - I got hit hard in court, no jail time, no RKBA issues on my record, but serious fines, community service and what amounts to an official bribe - a mandatory "donation" to the city of Aurora.

The judge was black. The prosecutor was black. On seeing the prosecutor (first case of the day), the judge literally leaned over the bench, put his hand out, grinned at the prosecutor, and said, AND I QUOTE: "what's up, homie?"

The prosecutor told me and my lawyer, in so many words, "Here's the deal we're offering. You can take that, or you can plead guilty, or we can go to a full trial - but that jury will be six black men that would love to see your white ass in jail."

When I protested (no law had been broken, I was ALLEGED to have broken the law, etc.) the prosecutor grinned real big and told me it didn't matter - three police officers would be more than happy to tell the judge and jury that I was a liar.

The deal was a POS (guilty plea to disturbing the peace, 30 hours of community service, $500 fine, $100 "donation" to the city), but better than jail time. My lawyer told me, TAKE IT. So... I did. I'm done with court, but damn. I've lost faith in the system... and what I did, it was carrying a knife in a shitty town in Colorado. Not against state law, not against local law, but the police wanted to nail at least one of us for something, ANYTHING, because one of the people I was with was open carrying and the cops there hate it.

Brad Johnson · « **Reply #71 on:** October 17, 2009, 12:33:10 AM »

Try driving through Colorado with Texas plates.

Brad

(Hate that it happened, but glad you're still a free man and didn't take a 2A hit).

Crow1108 · « **Reply #72 on:** October 17, 2009, 03:24:42 AM »

Quote

The judge was black. The prosecutor was black. On seeing the prosecutor (first case of the day), the judge literally leaned over the bench, put his hand out, grinned at the prosecutor, and said, AND I QUOTE: "what's up, homie?"

The prosecutor told me and my lawyer, in so many words, "Here's the deal we're offering. You can take that, or you can plead guilty, or we can go to a full trial - but that jury will be six black men that would love to see your white ass in jail."

Pretty crappy man. I'm glad you're not doing time and didn't take a hit to your rights over it though.

RevDisk · « **Reply #73 on:** October 17, 2009, 03:50:51 AM »

Quote from: PTK on October 16, 2009, 10:20:40 PM

I'm done with court, but damn. I've lost faith in the system... and what I did, it was carrying a knife in a shitty town in Colorado. Not against state law, not against local law, but the police wanted to nail at least one of us for something, ANYTHING, because one of the people I was with was open carrying and the cops there hate it.

I recommend you do what I did when I learned the local police and legal system were overly crooked. Move immediately. It sucks, it's a headache and it's expensive. And infinitely cheaper than your next run in with the system. Next time they will actually throw the book at you and not let you skate with a cheap $600 bribe with some involuntary service. If you didn't get the message already, you bloody well should. "Don't annoy your betters. Either STFU or stay out of my town." You ignore the message, they will take it personal.

vaskidmark · « **Reply #74 on:** October 17, 2009, 05:09:34 AM »

Just for closure - were any of the other folks you were with arrested? I'm especially curious about the one who was open carrying.

It sucks when you know you are innocent but have to take that big bite out of the sandwich they are holding out to you. It sucks even worse when you know that all the rules are being violated. But it sucks even worse if you take your chances at trial and lose.

stay safe.

skidmark

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Author Topic: Lawyers in CO? (Read 18252 times)