Pennsylvania Firearm Owners Association
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  1. #1
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    Default SHTF, LAWYERS! READ QUICKLY

    This one is for the lawyers. I'm tired of using the word 'aledgedly' so lets use that famous word 'hypothetical'. I think even 'rhetorical' would work here.
    In a hypothetical situation my friend...
    My friend recently ran outside to meet a truck full of 4 'criminals' ,who had threatened his life verbally, and now parked in front of his house, with a rifle/shotgun loaded with no safety on. The outcome resulted in an accidental discharge and no one hurt.
    The 4 criminals then proceeded to try extorting the man with the gun, and waited 7 days to call the police when they decided that they weren't going to get paid. The 'defendant's' house was raided by a SWAT team and all his firearms were seized. They also found drugs (marijuana) in the house.
    4 Counts) Aggravated Assault - F1 felony
    1 Count) Propulsion of a missile into an occupied car or street. - misdemeanor
    1 Reckless Endangerment - misdemeanor

    any advice on what to do?
    "I don't go out and look for trouble. I stay at home and wait for it."

    Bush Master AR-15 .223 with a 24" 1:8 twist chrome barrel, EOTech 512 Sight, Smith Vortex Muzzle Brake, 6-position collapsable butt-stock, Quad Rail, 5 C-Mags, and a foregrip/bullpup that folds. < (That shit makes my pants tight)
    IF YOU LIKE RAP
    http://www.soundclick.com/mcgenaric
    ^Home-Made-Hip-Hop(Not 'Gangster')^

  2. #2
    Join Date
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    Dis, Pennsylvania
    (Cambria County)
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    Default Re: Shit hit the fan, LAWYERS! READ QUICKLY

    Quote Originally Posted by Genaric View Post
    This one is for the lawyers. I'm tired of using the word 'aledgedly' so lets use that famous word 'hypothetical'. I think even 'rhetorical' would work here.
    In a hypothetical situation my friend...
    My friend recently ran outside to meet a truck full of 4 'criminals' ,who had threatened his life verbally, and now parked in front of his house, with a rifle/shotgun loaded with no safety on. The outcome resulted in an accidental discharge and no one hurt.
    The 4 criminals then proceeded to try extorting the man with the gun, and waited 7 days to call the police when they decided that they weren't going to get paid. The 'defendant's' house was raided by a SWAT team and all his firearms were seized. They also found drugs (marijuana) in the house.
    4 Counts) Aggravated Assault - F1 felony
    1 Count) Propulsion of a missile into an occupied car or street. - misdemeanor
    1 Reckless Endangerment - misdemeanor

    any advice on what to do?
    IANAL, but I do have advice. Tell your friend to HIRE AN ATTORNEY. Period. Felony criminal cases are not for the faint of heart, and they're certainly no province for someone to get their legal advice from friends or from the internet or to handle themselves.

    I won't bother laboring on what he should have done (held the rifle inside and call the police immediately), he/she/it needs a lawyer like yesterday.

  3. #3
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    Default Re: Shit hit the fan, LAWYERS! READ QUICKLY

    thanks for your feedback, and yes, the lawyer is already taken care of, but
    lets say hpotheticaly they have evry gun, except the one used in the incident, and hypothetically, they have no bullet casing, no bullet, and no rifle, can my friend beat this charge based on lack of evidence, they do have 3 witnesses working with the prosecution, but literally no evidence except a hole in the passenger side door (which to my understanding, will not provide sufficient balistics to match any caliber gun, looks more like a high-speed rock came through).
    hypothetical, remember gentlemen, and yes the lawyer is already on the case.
    "I don't go out and look for trouble. I stay at home and wait for it."

    Bush Master AR-15 .223 with a 24" 1:8 twist chrome barrel, EOTech 512 Sight, Smith Vortex Muzzle Brake, 6-position collapsable butt-stock, Quad Rail, 5 C-Mags, and a foregrip/bullpup that folds. < (That shit makes my pants tight)
    IF YOU LIKE RAP
    http://www.soundclick.com/mcgenaric
    ^Home-Made-Hip-Hop(Not 'Gangster')^

  4. #4
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    Crawfordsville, Indiana
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    Default Re: Shit hit the fan, LAWYERS! READ QUICKLY

    Call the cops right away. If a gang threatens you, and follows you home, call the cops, and barricade inside the house. Don't run outside to confront them. It's a good way to die. If a shot is fired, even accidentally, call the cops. If they try to blackmail you, call the cops. If you try to cover up a purported AD (or warning shot), you look guilty.

    Cops aren't the enemy. This sounds like a case where they should have been allowed to do their jobs.

    And let your friend's lawyer do his/her job. Looking for ways to "beat the rap" on the internet could come back to bite him/her in the rear.
    "Never give up, never surrender!" Commander Peter Quincy Taggart

  5. #5
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    North Versailles, Pennsylvania
    (Allegheny County)
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    Default Re: Shit hit the fan, LAWYERS! READ QUICKLY

    There are a few steps your friend should take:

    1) Get an attorney!!!
    2) Lift pant cuffs
    3) Lower socks
    4) Grab ankles firmly
    5) Get ready for a sh!t storm.
    "Ya only need legs to kick ass baby boy" - Bartender in Feast III

  6. #6
    Join Date
    Dec 2006
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    Bucks, Pennsylvania
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    Default Re: Shit hit the fan, LAWYERS! READ QUICKLY

    Not thrilled about cursing in the subject line, but I'll respond to the question.

    Testimony is evidence. Bullet holes are evidence. Eyewitness testimony is particularly good evidence.

    The judicial system is not based on the last episode of CSI. Criminals often hide evidence, destroy evidence, lie under oath. So do witnesses, for that matter. Juries don't demand that every possible test be run and every case include fingerprints, DNA evidence, ballistic testing, etc. Four witnesses, positive ID of the defendant, plus a bullet hole, yeah, that will suffice.

    BTW, juries won't usually believe the story that "the gun accidentally went off", because it's usually a lie.

  7. #7
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    Nowhere Land, Pennsylvania
    (Westmoreland County)
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    Default Re: Shit hit the fan, LAWYERS! READ QUICKLY

    Quote Originally Posted by Genaric View Post

    any advice on what to do?
    The more "legal advice" you take from this thread back to your friend, the worse off he will be cuz you'll start clouding his judgment with allot of B.S.

  8. #8
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    Default Re: Shit hit the fan, LAWYERS! READ QUICKLY

    hang out with better people... unless this "friend" is more of someone who might be reading this... then my advice is "pull ones head out"
    This Space For Rent

  9. #9
    Join Date
    Jun 2007
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    Lancaster Area, Pennsylvania
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    Default Re: Shit hit the fan, LAWYERS! READ QUICKLY

    Don't hang around stupid people
    Don't do stupid things,
    Don't go to stupid places

    Follow the above, life will be good.

  10. #10
    Join Date
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    Philadelphia, Pennsylvania
    (Philadelphia County)
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    Default Re: Shit hit the fan, LAWYERS! READ QUICKLY

    Quote Originally Posted by Genaric View Post
    any advice on what to do?
    Don't be such a fucktard when you get out of prison.

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