# i been waiting to go to court for



## faststang90 (Apr 8, 2013)

I been waiting to go to court for about 19 months on these charges on me and they just reset the date for another 2 months. I asked my lawyer about the right to a speedy and it says the speedy trail act says ready for trail in 6 months. my lawyer says that does not matter any more. I don't want to piss him off I already paid him 8,500.00. I fill like im getting screwed. who do I need to talk to about this


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## shaolin (Dec 31, 2012)

Depends on each state's law of trial. I don't know what charge it is but I would think they have up to the statue of limitations to commence a trial. There are rules such as no bill twice and so forth but there are too many unanswered ? here for someone to help you. I wouldn't press it and let them dead docket it until they either drop it due to procedure infractions or statue of limitation run out. The longer it goes on for the better it is for you. This is all my opinion and I am not giving you legal advice.


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## Cait43 (Apr 4, 2013)

The wheels of justice turn ever so slowly..........
I see you are in Texas..... It took Texas a year to go to trial with the guy that shot Chris Kyle.....

Good luck........


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## faststang90 (Apr 8, 2013)

ok I guess I just wait to see what happens next time.


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## faststang90 (Apr 8, 2013)

I got a call today and he said they are going to drop the charges on me. now just got to see if they are going to fight me on giving my gun back to me


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## denner (Jun 3, 2011)

faststang90 said:


> I got a call today and he said they are going to drop the charges on me. now just got to see if they are going to fight me on giving my gun back to me


No, if the state drops the charges they must give your gun back to you if you wish to have it back..


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## Shipwreck (Jan 26, 2006)

Not always - but MANY times, resets get done because the defense attorney pushes for them. While, sometimes things like lab evidence can take 9-12 months to come back on a drug case... I see defense lawyers who drag thing things out as long as possible. But, I also see that deals that the prosecutor offers to a defense attorney seem to get better (from the defense attorney's stand point) the longer the defense attorney drags the thing out.


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## Goldwing (Nov 5, 2014)

I remember reading the entire thread and the gun being pulled over thrown pop bottles. You are one lucky S.O.B. I hope you learn from this and if you get your gun back you 

don't repeat the crap you just got away with.:smt018

GW


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## faststang90 (Apr 8, 2013)

I have a gopro in my truck now that runs 100% of the time so it will not happen again. if someone runs a stop sign and brake checks me again. I'm just going to call it in and show them the video.


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## faststang90 (Apr 8, 2013)

I got the gun back and a letter saying I would get my chl back in 7-10 days


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## Shipwreck (Jan 26, 2006)

Interesting. Congrats!


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## faststang90 (Apr 8, 2013)

I think what helped me is that guys story did not add up to what pictures I had. I had pictures where something had hit my truck, I had pictures where I drove thru the ditch and my second 911 call. they never said any thing about blocking the road the second time. also they said they was on the same road as me and they never said any thing about running the stop sign. when the DA called them to ask them about all the stuff I was saying and my pictures they stopped answer their phone and would not return calls


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## BackyardCowboy (Aug 27, 2014)

Just remember while having the camera in your vehicle can be helpful to document things, it doesn't increase your "Rights" to draw your weapon and could work against you in court if there's another incident where you draw your weapon.
Experienced folks here will tell you: situational awareness can help you AVOID situations where you might need to draw.
Drawing a weapon should be the last resort after all other avenues to avoid needing to draw it have been exhausted.
Drawing a weapon and pointing it at another or waving it (as if to say: "I have this and I'm not afraid to use it") is Brandishing and is a crime in many if not all areas of the country.
Keep the camera, but still try to avoid situations.
With power come increased responsibility


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## shaolin (Dec 31, 2012)

I am happy that you waited instead of pissing them off and that you got your stuff back. Be careful out there and remember anytime you need a lawyer you have to pay big bucks. It's best to stay under the radar.


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## pic (Nov 14, 2009)

:smt067:smt066:smt068 
He won't answer or return phone call to the DA. !!!!
Ask your lawyer About pursuing civil damages?


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## faststang90 (Apr 8, 2013)

I asked about them about going after that guy and his girl friend and I was told they are food stamp babies. I was told just because they lied it was about 200-250 fine and they would not go after them for that little. I was told they don't have anything for me to get and I would just spending more money. I'm just going to be a bigger better person and go on with my life. Karma will get him one day.


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## faststang90 (Apr 8, 2013)

I just don't under stand what is going on now. I got a letter saying I would get my chl back in 7-10 days and that was dated may 18. I called and told them I have not gotten it back. I was told its under review. I asked why did I get a letter saying I was getting it 7-10 days then being told its under review. they told me they don't know who is reviewing it. I also sent in a gun to get repaired. they fixed the gun and they checked me and sent the gun back already. so I had to pass the check. I don't see how they can stop me from getting my chl back. I was not found guilty of any thing.


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## Cait43 (Apr 4, 2013)

Ya just gotta love the American justice system........


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## faststang90 (Apr 8, 2013)

they called me back today and said they seen two charges had been dropped but when I was arrested it had three charges on me. the one that they could not find was the reckless driving charge. I told her they dropped that because they had nothing to show I had done reckless driving. I told her and the court the only time I drove reckless is when he blocked the road and I went throw the ditch to get away from him. she told me she would my chl in the mail today and I should have it in a day or two. 
then she told me that it would show up if a cop runs me or if I get a gun it would show up but not stop me from getting a gun. I called my lawyer and he wants another 1500-2500 to have it removed from my record. I don't have that kind of money to spend now so I guess its going to be on it.


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## pic (Nov 14, 2009)

Ask the assistant DA what is the process to have removed, from my personal record, a charge that was dismissed? 

If your lawyer can do it, you should also be able to .


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## faststang90 (Apr 8, 2013)

ok thanks


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## shaolin (Dec 31, 2012)

If you need expungement here is the process.
1. go to the pd that arrested you and get the form and pay a fee
2. fill out your part
3. take the form to the DA office and they sign off on it
4. take it back to the PD and they will send it off to the NCIC agency they will expunge the records and the PD will do the same.


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## Shipwreck (Jan 26, 2006)

shaolin said:


> If you need expungement here is the process.
> 1. go to the pd that arrested you and get the form and pay a fee
> 2. fill out your part
> 3. take the form to the DA office and they sign off on it
> 4. take it back to the PD and they will send it off to the NCIC agency they will expunge the records and the PD will do the same.


It will be different in every state. Here in TX, you usually hire an attorney- because it takes a ct hearing and a judge to sign off on it (after the arresting agency and the state has a change to protest the request)


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