This can happen to you, too [READ]

[Mike Irwin]

If the sign was non-compliant, how were charges filed in the first place?

Who called the police, and why?

Did he have an attorney? Why didn't his attorney pursue the non-compliant sign avenue?

It sounds like there's a lot more to this than what's being said.

 

[MicroBalrog]

I edited Frank' email address now, because he requested it due to spam issues.

 

[Wildalaska]

I'm not in the US. However, the point stands, the 'system' screws over people on a regular basis. That's why it's called the 'system'.

How do you know? How many US Court cases have you observed? How many US appeals court cases have you read...what is the percentage of "innocent people" caught up in the "system" vis vis the number of criminal cases brought each year? Do you have Coram Nobis wherever you are from?

I've seen this Frank Sottille stuff brought up before and I call BS

WildandifyouarenotfromtheuswhatrightdoyouhavetocommentonoursystemAlaska TM

 

[MicroBalrog]

Well, Wild. Wouldn't it hitch on one's definition of 'innocent'?

 

[Frank Sottile]

Hello All,
IF any of you have questions, just email or PM me and I will try to answer you.
YES, this did happen.

Gab had asked why I refused to come inside and that is when I pointed out the sign. He did not understand and I explained about carrying.

All of this came out at the trial, the thing about the sign be non-compliant is the reason the other charge was dropped.

Employers can hire and fire in Texas as they please. When the company I was working for found out, I was no longer needed.

When the (then) pending court cases would show up on Background Checks, I would not be hired. With the Shootings that were in the news it is hard to blame companies for be carefull when hiring people.

Not being able to get re-employed, I lost my house. Yes things can snowball. One lose lead to another and before I knew it, I was alone. My only income being my Monthly V.A. Disability Check, after the Rent and other bills are paid, I have and get by on $5 a day. It hard, but I don't eat as much as I used to. I don't eat out and cook my own meals.

As for this old Dell computer, I paid $200 for it 3 years ago in a local Pawn shop, and my Road Runner account, came as part of a package when I moved into the slum of an apartment complex.

I feel that the DA should never had taken this case(s) to court. But it's a little late now.

Now I have some school work to do for my V.A. Voc Rehab program. Email will be answered when I have time.

BTW - The system did work, I may have lost everything I worked for, but I won my case(s). I was willing to pay that much, rather than cop a plea and pay a fine. How many of you can say the same thing?

 

[tlm225]

I rarely make a decision based on one side of the story. If you will post the identity of the agency that arrested you and the incident/report number I'll gladly do an FOI and pay the cost to obtain the report so I can see both sides of the account.

 

[Frank Sottile]

Morning,
Thanks, just shoot me an email. I'll be looking for those numbers, my old lawyer should have them. But what you won't see is the facts that came out at the trial. For that you would need a court transcript and they cost money.

The identity of the agency that arrested me was the San Marcos P.D.

It is my understanding that they had been instructed how to handle CHL cases by the D.A. and that they are to arrest the CHL Holder and let them prove their case in court. This has to do with "How the law is worded." "... and his only defense shall be..."
Defense being the key word. Thus this means that you are arrested and stand trial in court.

 

[tlm225]

PM sent.

 

[theinvisibleheart]

what this thread shows is:

1. the need to rein in the extraordinary high cost of legal fees

2. to change the laws in Texas so that private business that allow public access cannot legally bar CHL holders from exercising their right on public grounds

3. to up societal condemnation for divorce and bring up the social stigma associated with divorce since in most cases, divorce does far more harm than good, and usu., only the divorce lawyers win

--John

 

[Erich]

the need to rein in the extraordinary high cost of legal fees

Specialized knowledge that requires a good deal of education and experience will always cost. (If it was artificially priced below market value, no one would provide the service.) If you can't afford it, there's a constitutionally mandated system for indigent defense (for which, by the way, I work - before anyone wants to challenge me as protecting my own interests with this post).

Wild, all I do are appeals, and I do see some that lead to flat-out wrong results. What are you going to do? Human-made systems are not perfect.

 

[Frank Sottile]

It is a defense to prosecution under Subsection...

That wording...
It is a defense to prosecution under Subsection...

One must watch out for these catch phrases.

NOTE:
I have left messages with the Lawyer I had for the case. Today I will stop by the S.M.P.D. fill out the paperwork and pay them their $5 Fee. I'll have those number later today.

 

[Frank Sottile]

Wildalaska
"I've seen this Frank Sottille stuff brought up before and I call BS"

I am real, the story is true.

NOW you prove the BS part!
What have YOU seen that is unknown to me?
Hell for over 2 years I have stayed quite while this was in court and have not posted anything here.

 

[Wildalaska]

What have YOU seen that is unknown to me?

I cant remember, just your name and posts like the above...check with your buds...

Didnt you used to post on War Rifles?

WildstillhaveallthosegunsAlaska TM

 

[Frank Sottile]

Hi,
I USED to be part of Warrifles.Com, but like here I had NOT posted anything about this case until a couple of weeks ago in hopes of locating a Lawyer that would show some interest in my case. No BS, just the facts.

Just looking for some help.

 

[Wildalaska]

Looking at your post you seem to be quite articulate, have internet access and a computer....would it be more productive for you to file a lawsuit over the treatment that you allege you received.

Forms are available on the net. You could file based on 42 USC 1983, add the dealership as a defendant in the conspiracy claim, and also get in forma pauperis status.

I'm sure some of the posters here who beleive in your cause would be glad to help you. Far more productive than posting, neh?

WildreallycrankythisamastheguyshavepiledmorejunkonmeAlaska TM

 

[elza]

In Texas, a non-compliant sign carries no legal weight. All they can do is tell you to leave.

HOWEVER: There are several DA’s (the most infamous is Harris county, a.k.a Houston, a.k.a. “the places they would stick the hose for an enema”) that openly declare their intention to ignore the law and press charges for anything they can trump up. They know that they won’t win but will cost you a fortune in legal expenses. And people wonder why I hold our “legal system” in such contempt!

I don’t know if this story is true but it is certainly possible.

 

[Frank Sottile]

Wildalaska,
IF you would be so kind as to send me an email with those links (where to find them forms) it would be a great help and that is all I am looking for.

Thanks

---

Elza,

YES, my story is true!

As for the sgin, the law states:

PC §30.06. TRESPASS BY HOLDER OF LICENSE TO CARRY CONCEALED HANDGUN.

(3) "Written communication" means:
(A) a card or other document on which is written language identical to the following:
"Pursuant to Section 30.06, Penal Code (trespass by holder of license to carry a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (concealed handgun law), may not enter this property with a concealed handgun"; or

(B) a sign posted on the property that:
(i) includes the language described by Paragraph (A) in both English and Spanish;

(ii) appears in contrasting colors with block letters at least one inch in height; and

(iii) is displayed in a conspicuous manner clearly visible to the public.

Look it up. It has more weight then you know.

 

[Fremmer]

I understand your legal point about the sign. That said.....

If the sign clearly stated that they didn't want guns in the business, why not just leave? Or leave the gun in the trunk? Why tell the guy that you have a gun?

Sorry, I don't understand.

 

[elza]

Frank Sottile: As for the sgin, the law states:

Frank, re-read my first post. I said “non-compliant sign”. Those compliant with 30.06 certainly do carry the weight of law. But, a simple "Not Guns Allowed" stuck on a door is not compliant with 30.06.

 

[Let it Bleed]

1. the need to rein in the extraordinary high cost of legal fees

If not market forces, then I presume you want government intervention?

2. to change the laws in Texas so that private business that allow public access cannot legally bar CHL holders from exercising their right on public grounds

So property rights are not as sacrosanct when you don't like the results? Government meddling in private affairs is good when it provides the result you want!?

3. to up societal condemnation for divorce and bring up the social stigma associated with divorce since in most cases, divorce does far more harm than good, and usu., only the divorce lawyers win

What a telling insight.