Legal Question???

[bullseye]

A licensed carry permit holder shoots someone and is in court. It is ruled that the shooting was justified, so no charges will be filed. During the questioning it comes out that the permit holder has carried long before he got his permit and his reasoning was "I have my children with me and I carry a gun because I can't carry a cop" Now that he has his carry permit and was never caught carrying before he got it, can anything be done for admitting he carried illegally?

[redleg17]

Hell no!

-please ignore this post I have no legal experience and nothing to back this up.

[vista461]

Why would it come up?

[K.O.A.M.]

Not in Florida in criminal court.

[okie shooter]

Well, other than it might leave you open for civil law suits, for admiting that you carried illegaly at one time. Just because there are no criminal charges, there still can be civil liablities you are exposed to.

[popo]

Well it would all depend in what state and municipality this all happened in. Every jurisdiction has a twist to a greater or lesser degree.

[Bluedog]

People often say things that wind them up in jail. Any lawyer worth his salt will prevent his client from making such damaging statements. The statements alone, without some cooperating evidence, would likely not result in criminal charges because the witness could retract them at trial. That being said, the statement is a confession and provided the statute of limitation had not run, he could be charged.

www.adosdefense.com

[mad hungarian]

I would hope your lawyer would tell you not to bring that up and why would you even mention it anyway? I think that is something you would not want known even on sites such as this or others :icon_wink: The less said the better off you are.

MH

[SteelCore]

"People often say things that wind them up in jail. Any lawyer worth his salt will prevent his client from making such damaging statements."

-->+1 to that. Its lawyer time. They know the ins and outs of the courtroom. Sometimes you can call a lawyer and ask a few questions, explain the situation, and get advice. A lawyers advice is best retained with the almighty dollar, of course.

[bullseye]

It wasn't me, first off. But it did come out during some preliminary questioning and the question was asked some round about way about how long he had been carrying. He answered honestly and so far has not gotten called on it. I was just wondering what could happen is all. I don't know if there was a lawyer there at the time the statement was made or not as I was not there.

[Enigma Nostra]

If it was you I was gonna be a lil irritated. First off for you and kelly both not callin me, and second off for being a dumbass and admitting to something like that.

-E

[bullseye]

If it was you I was gonna be a lil irritated. First off for you and kelly both not callin me, and second off for being a dumbass and admitting to something like that.

-E



Couldn't be me, I don't have a carry permit yet. :icon_biggrin:

[RandyCOG3]

I'm not a lawyer, and also did not stay at Holiday Inn Express last night.... but I suspect that they would have to prove a particular event occurred, i.e. "hopefully" when the DA starts to ask particular questions to prove the crime, the guys lawyer shuts off any more harmful information from flowing.
"Presumably" the guy might have carried once, one day, somewhere outside the statute of limitations, and the State would have to prove otherwise, and since you can't compell somebody to testify against himself, any attempt to prosecute is destined to fail (w/good legal advice to clam up), so the DA isn't likely to waste time trying.
Just my $.02

RandyCOG3

[robocop10mm]

First off with out some sort of physical evidence, not likely a problem. In Texas the statute of limitations on a misdemeanor (Unlawfully Carrying a Weapon Class A Misdemeanor) is two years. Probably beyond the limit, no problem.