Arrest for pointing unloaded firearm

BlackBettyRN,OCN · Feb 12, 2016

I would fight it. That sounds like a freaking ridiculous charge. You should have fought the initial charge, as this sounds like something that should have never even gone to court, IMO.

crazin01 · Feb 24, 2016

(I'm not saying you are lying or leaving parts out, but from what you've stated, it just sounds horribly corrupt or we're missing a key element or two of your case.)

I understand the 'victim' has connections, so it's extra bad. Especially with Castle doctrine & just attempting to scare her with an UNLOADED gun??? *** is wrong with her? Sorry, I'm all for self-defense & the day some drunk jerk enters my home by force & uninvited.. no.

Were the cops called immediately when she did this or did she wait to initiate charges to the police? If cops did come out on that day, how did she get home? Certainly they would have seen her intoxicated state & if they let her leave, they should have charged HER with a DUI. Did she walk to your place before the incident, did she drive? If so, and cops showed up quickly, why were no field sobriety tests performed on her immediately?

Is there any documentation from said police force? Is an officer willing to testify on your behalf the gun wasn't even loaded & you were simply attempting to scare away the threat with a weapon. If you can get someone to say it was definitely unloaded, and you weren't within like, 2 feet of her, did you verbalize using the gun as a weapon/battering object? Otherwise, how is an empty gun a threat? I'm sure she would argue, she didn't know it wasn't loaded. Also, even if the cops came right away, they could say it was loaded & you simply removed ammunition before they arrived. If you did remove ammo, I imagine you also got the one in chamber. I would assume if that one round were still in, cops cannot say it's unloaded.

What about neighbors, clergy personnel, co-workers, anybody that is wiling to be a character witness that has known you as an upstanding citizen with no other charges in the very substantial time they have known you. She is the one who ILLEGALLY broke into your home. (has she been charged with trespassing? Breaking & entering?) I think a neighbor character witness would be best, as they would have probably heard the commotion if close by and attest to her apparent intoxication (If no sobriety tests done in a timely manner.) Additionally, they might be able to testify they bore witness to her being violent, threatening you & family. I think kicking in a door & entering a home uninvited when intoxicated is most definitely threatening, especially if it was a stranger. (I take it you didn't know her, prior to incident, since you simply said "a woman".) What was her rationale for breaking in the door? robbery, assault? If these simple questions about her (relationship to you or family, violently breaking door in, entering home illegally) have already been answered (I assume there were & it's not a good outcome). Again, this obscene variation from handling such a case in a correct matter to YOU as the victim, not her, demonstrates either incompetence on attorney's part or 'helping out a friend' on the government officials' part.

I imagine you've asked there questions time & again and the answers aren't good for you, since she's got an 'in'. Are you in a smaller town/jurisdiction, that all the government officials are in cahoots with her? I'm sure if you can prove a connection (family records, even her facebook page linking to these corrupts folks) would be beneficial, again I'm sure you're lawyer is on that. Speaking of attorney, I certainly hope he/she is good!! Which is BS too. You did nothing wrong. Why should you fork over a few grand, to defend yourself from... defending your home & family???

I don't know the answer to this, but I'm leaning towards it being no. You're charges in county/jurisdiction of Apple & she has connections in Apple everywhere. Could you somehow get your case, hearings and all, moved into another county, such as Orange or banana or even farther away (raspberry) to avoid these government people helping her out. Again, I don't think you can move it, because of where 'offense' occurred. If you can document/prove her connection to these folks, could your attorney push for transfer? (we always hear of Jury Duty folks being brought in from elsewhere, to have minimal exposure to previous media coverage of crime. You could say with her connections, it's very similar.

Also, if everything here is factual & you haven't left anything out, why would you're attorney not fight it from the start & encourage you to take a deal? Maybe an attorney in another Watermelon county would not be intimidated by her friends in Apple would yield more appropriate results.

Sorry, more questions than answers. Just so messed up that THIS is how the justice system works. Please let us know how things develop.

elijahvegas, ASN, RN, EMT-P · Feb 25, 2016

check out job applications in your area that youre looking to apply. fill it out as if you were filling for the job for real. there should a part you come across that lists a few disqualifying criteria to work at said facility. theres a number of statues and misdemeanors/felonies that they say are automatically a no-go and if yours falls under one of these categories, well, youve got your answer. otherwise, i'd say try.

being trapped in your own head sucks. everyone seems like an angel on the outside and nobody talks about their problems. i found it odd when i heard a friend of mine got into school with their criminal record, and i came to find out half of my class if not more had some kind of record, and a great majority of them had no problems finding work. so if you think its worth it, roll the dice. nothing fun about being up #@$'s creek, especially if you didn't bother fighting for your paddle.

good luck!