I was in the courtroom for a guy already on fed probation who was being violated and new charges filed for him posting a video to FB of him firing a full auto MP5 at a rental range. It was interesting hearing is attorney argue the video was insufficient to show possession.
Anything I post is my opinion alone as a private citizen.
Congrats on that one. I've tried and bombed at the state level attempting to get that charge based on IG photos. DA says I can't prove its a real firearm versus a movie prop gun or an airsoft replica.Originally Posted by TC215
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Only one I’ve ever heard of. Good job.
It looks like a local shop is offering to help them out.
https://www.facebook.com/alienarmory...32471603448706
I know of it being charged here, but the prosecutor won't file them any longer as even with 'expert witnesses' they couldn't meet the burden of proof on it was a real gun, even with a bench trial.
Sorta around sometimes for some of your shitty mod needs.
For sure there are “add on” charges possible, i was mostly just relaying my personal experience with the base felony “assault with deadly weapon” charge. Note that the FL statute you reference on threatening with a weapon is a misdemeanor while agg assault is a felony. It’s a rude awakening to an 18.1 year old high school senior to find out that the “prank” he pulled was actually a felony with real consequences...
Does the above offend? If you have paid to be here, you can click here to put it in context.
I think there’s been another one out west... maybe Colorado, but I’m not sure.
The gun in the photo was an XDm..David Williams from Springfield was going to come testify, but we ended up not needing him. We bought every licensed replica/airsoft/etc of an XD (there were no licensed XDm replicas) and brought them in, and proved why none of them could have been the gun in the photo.
The circuit court of appeals ripped me pretty good on some of my testimony...because I couldn’t answer questions about criminals’ social media habits on direct that I told the AUSA in trial prep I could not answer, but he asked anyway. The appeals court said my testimony was expert testimony about something that it’s impossible to be an expert in.
The appeals court still affirmed the conviction. He appealed it up to SCOTUS, but they refused to hear it...so he’s doing his 15 years as an armed career criminal.
There was a technicality the defense could/should have gone after that had nothing to do with the gun... but they didn’t, and I’m not going to go into that post on an open forum.
The search warrant is politics...at its worst.
How can it be legal or even acceptable that there is a search warrant yet no specific charges?
Motivated, no doubt, by the fashion police. Seriously, though, it is pretty pathetic how they cherry pick the cases to make an example of...meanwhile, statues, broken windows, arson, looting and general mayhem....not so much. Ah, "blind justice". If only the prosecuting authority understood what it actually meant.
I hope America is paying attention. Because it won't be long before it ends up on Mr and Mrs John Q. Public's doorstep in one fashion or another...and nobody is going to be there for them that has a "D" in the block for party affiliation. (And you'll be lucky if one with an "R" speaks up on your behalf.)
There's nothing civil about this war.
I'm struggling with the search warrant with no charges.
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