Time limit to file appeal for LTCF a liability?

**gnbrotz** · January 29th, 2010, 02:46 PM

I'm wondering if anyone has firsthand knowledge of a court granting a continuance in the case of a LTCF revocation? I'm thinking specifically of instances when a non-prohibiting charge or conviction triggers the 'character clause', resulting in the revocation. In these cases, the appellant must almost always file, and usually present his case either before the criminal case is decided, or after an MDJ conviction, but before a CCP appeal can take place.

It seems that Sheriffs have the upper hand when they can cite charges pending, or a lower court conviction when the appellant can only cite a pending appeal. With clear favor already weighted towards LEOs, it seems the realistic timing of both processes presents yet another hurdle to the citizen trying to take advantage of the due process he is supposed to have afforded to him.

Thoughts?

**twoeggsup** · January 29th, 2010, 03:18 PM

I was thinking about this the other day after reading the York travisty of justice, as I'm sure many of us have. Then my oldest son told me about an incident where a friend of his was just charged with the unlawful act of "being within 50yds of an oppressive pissied off cop", (I think they call that DC). I told him that it was going to cost his friend some big bucks but he should fight it to the hilt.

The mere fact that the character clause can be invoked with charges alone, flys in the face of innocent until proven guilty.

**gnbrotz** · January 29th, 2010, 03:20 PM

Originally Posted by twoeggsup

The mere fact that the character clause can be invoked with charges alone, flys in the face of innocent until proven guilty.

It can even be invoked without charges. The sheriff that revoked me cited "apparent illegal activity", yet I was never charged with any crime, and he refused to specify what this alleged activity was.

**Shadow Heart** · January 29th, 2010, 03:26 PM

your gonna need a lawyer for this, my experience is the Sheriff can just randomly pic someones LTCF and revoke it with out proof, then it is up to you to fight for it back, if you or whome ever was not criminally charged, get a laywer to sue the sheriff for the answers and posibly the LTCF back.

**gnbrotz** · January 29th, 2010, 03:30 PM

Originally Posted by Shadow Heart

your gonna need a lawyer for this, my experience is the Sheriff can just randomly pic someones LTCF and revoke it with out proof, then it is up to you to fight for it back, if you or whome ever was not criminally charged, get a laywer to sue the sheriff for the answers and posibly the LTCF back.

I'm very familiar with the LTCF revocation process. This thread is intended to discuss the potential additional burden when a criminal charge is involved due to the typical time it takes for the two separate matters to make their way through the system, not any specific pending revocation.

**busa dave** · January 29th, 2010, 03:31 PM

It still amazes me what our justice system does to our citizens everyday. It

makes me want to do this......

**Shadow Heart** · January 29th, 2010, 03:43 PM

Originally Posted by gnbrotz

I'm very familiar with the LTCF revocation process. This thread is intended to discuss the potential additional burden when a criminal charge is involved due to the typical time it takes for the two separate matters to make their way through the system, not any specific pending revocation.

My apologies i misunderstood what you were asking then. on that matter i have no knowledge or experience with that specific issue.