He was in jail and had no access to the firearms. The proper method for handling this concern would have been for her to seek the legal remedy, and if the firearms were to be seized have the police do it with a proper court order. This stuff varies state by state, here in NC she could have gotten a protection order immediately. A former team mate of mine is on the Lakeland PD, maybe I'll ping him for some info,but my instinct is the Lakeland PD did the proper thing.
de Blasio would throw her a parade.Originally Posted by UNM1136
There's nothing civil about this war.
That's what he gets for not securing his firearms in a safe. :-0
This isn't going anywhere in court, probably either of their cases at this point, especially not hers. The state would have to put the complainant on the stand, and they'll be fair game to the defense. As a victim of a crime he's not going to get on the stand and say that she didn't have permission to enter his apartment, and then on cross plead the fifth when questioned about precipitating events. I suppose the state could grant him immunity, stranger things have happened in criminal cases. If her goal was to keep him from having guns, all she accomplished was getting him off the hook for a criminal conviction that would have accomplished that.
I imagine this is just the police letting them know, that if they are going to involve the police in their civil matter, the police are perfectly capable of making it clear that will make them regret that decision. If they can't act like grown ups, the children will be put in time out.
Whether you think you can or you can't, you're probably right.
She had a restraining order taken out against him and a judge had ordered that he surrender his firearms to law enforcement according to multiple reports. He was apparently unwilling or unable (because he was in jail) to comply with the court order.
Last edited by Sensei; 06-23-2019 at 09:11 PM.
I like my rifles like my women - short, light, fast, brown, and suppressed.
We have similar issues here: the court sets such conditions and fails enforce them, or have the appropriate agency handle things.
I have a guy on a burglary case that has failed to appear three times in the last 8 months. His conditions of release say that he needs to stay in touch with his public defender, and keep the court up to date on his current address. He fails to do so, and instead of punishing him for failure to comply with his conditions of release the prosecution and defense agree that due to his non compliance with the court order there is no way to be sure he had notice.of the hearing. So he gets a "book and release" warrant, which means be gets arrested, processed, and gets released immediately without posting a bond.
If I fail to show up once, charges are dismissed, and we are on our forth setting.
pat
Still no excuse for her behavior. In fact, worse than no excuse as this could have been handled by the proper authorities. Crazy gonna crazy.
Last edited by HCM; 06-24-2019 at 12:17 AM.
I caught that. A separate order/search warrant for the cops to get them if he was unable to or refused. Been there, done that. She took the law into her own hands, and this is the consequence. FWIW, she probably would have only faced misdemeanor B&E here, due to the elements of the charges.
If they are still married I don't think it would fly as a Burglary by my state's law. I also suspect a local jury wouldn't buy a burglary charge even if the prosecutor was on board, even if the husband cooperated. Which I doubt. At best you might get a Residential Entry, but even that is pretty damned iffy.
Personally, I'd have taken the guns to property, done a report, and let the prosecutor sort it out. She's not likely to offend against anyone else and there's no ongoing emergency.
Sorta around sometimes for some of your shitty mod needs.
I starting to doubt it’s going to fly in FL. There are now other FL State’s Attorneys from neighboring jurisdictions speaking out against the arrest. Making matters worse for the police, the social media mob is organizing against the arresting officer and police chief while high profile attorneys are crawling out of the woodwork to defend her pro bono. I’ll stand by my original claim that a month from now everyone (wife, husband, police, etc.) will wish that they had handled this differently.
I like my rifles like my women - short, light, fast, brown, and suppressed.
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