Defensive Carry banner

Recieved a letter in the mail from HLS today.

8K views 83 replies 42 participants last post by  lchamp 
#1 ·
My handgun permit has been suspended. Apparently, I am a fugitive from justice from my local Sheriff's department. I was arrested but never charged in 2007. Jump to 2012. Suppossedly, I failed to appear so a warrant was issued on 9/13/12. Does this sound right? I went to court back in 2007 and the charge was dissmissed. I paid to have the charge expunged back in 2007. Since my dismissal in 2007, I have passed numerous Tennessee Bureau of Investigation background checks when I purchased firearms and I have been issued a Handgun Permit. What is going on here? Are they milking me for $? I talked with the dispatcher at the SO office today and she instructed me to go to the county clerk and talk with them. I hope they don't try to get stupid and arrest me. Anyone have any advice? Thanks for your time.
 
#37 ·
Well my man, you're in a pickle.

I'm not giving advice because I'm not a lawyer but, I'll tell you what I would probably do.

Based on what you have stated, I suspect there's an arrest warrant issued. Sooner or later the Sheriff's department is going to assemble a task force to apprehend old warrants, or if you get unexpectedly stopped for a routine traffic stop, the outcome is still the same, you're going to jail, period!

If you walk into the court house on your own to clear it up, the outcome is still the same, you'll be arrested and booked into jail.

Myself, I wouldn't want anything like that hanging over my head and would want it cleared up as soon as possible.

If it were me, I would have the money necessary to post bail or the money on hand for a bail-bondsman first. I would have someone whom I trusted with my life hold the money and accompany me to the police station and turn myself in to clear it up. It looks much better when you turn yourself in when you face the judge.

After you're arrested and booked, make bail and try to get an affordable scum sucking lawyer. If you can't afford one, depending on the charge, the state may appoint one for you?

At any rate, "I" would want to take care of the matter on my time and on my own terms, and not have my arrest occur expectantly and in an un-opportune time.

Just my 2-1/2 cents worf...
 
#40 ·
I called the So on Fri evening and they said the warrant was issued on 9/13/12 for failure to appear for a misdemeanor. If I was arrested I'm pretty sure it would be a signature bond. Either way, I have to clear this up within 30 days or my hand gun permit will be revoked and cost me even more money. Thanks for the input.
 
#38 ·
I would say get a lawyer to handle the situation. If for no other reason just to have legal council on the books so that in the future if this happens again it will be easier to resolve. If they did it once they can do it again. And considering the current state of affairs in this country the lawyer will be worth every penny just to have him familiar with you in the coming years.
 
#44 ·
I would get an attorney first. Our local paper list people every week who were arrested at the police station,probably trying to clear up a warrant without legal help.
 
#45 ·
I just spoke with a friend who works local PD. He looked into things and said that there has obviosly been a mistake and that he will go with me on Mon. If they are adamant about taking me into custody he can stop them and let me get my car home and help me turn myself in. The bond will be $500 my part if that's the case. What is messed up is that I have had a warrant out for me since 2007 and I have passsed numerous TBI background checks and been pulled over several times and it didn't show up. I'm glad that it has surfaced in this manner so i can handle it on my terms.
 
#53 ·
I just spoke with a friend who works local PD. He looked into things and said that there has obviosly been a mistake and that he will go with me on Mon. If they are adamant about taking me into custody he can stop them and let me get my car home and help me turn myself in.
Do yourself a favor and get a blankity-blank lawyer! Period. End of discussion. A lawyer can represent you in the court, can appear in your stead, and if what you are saying is correct that this was handled and expunged, should be able to get this taken care of. I don't care what some buddy says or that say say they'll be able to do anything. If you try to go yourself, you will likely get a go directly to jail, do not pass go, do not collect $200 and you will be in a lot worse of a position to try and deal with it.
 
#46 ·
Way too many incorrect acronyms and inconsistencies in this thread... I'm not buyin' it.
 
#54 ·
Here is how LEO works.
Soldier had a restraining order on him, he had done nothing but she ask for it in hopes it would help in custody fight. She calls him on base says it would be ok to come get his stuff.
Top says NO way. He calls local LEO they say no problem an office will go with him. He goes. As they said LEO meets him down the road they both go to the house. Soon as he knocks on the door.
Cuff and arrest him charged with violating the order. 100% proof of every step of what happen Judge did not care.
When LEO office says trust me look out you about to get framed.
 
#56 ·
It's was a misdemeanor back in 2007. That I paid a lot of money to "supposedly" handle. This is really leaving a bad taste in my mouth.
I have talked with many people that have had lawyers "handle" warrants, only to discover the warrants were not "handled." I would say they were lying, wrong, or mistaken, but it happened too frequently. The only handling going on was the lawyer handling their money. On expunging an arrest, I have no doubt that the same thing could happen-lazy lawyer, crummy admin assistant, bad communication, or just plain error. I am very interested to see exactly where the error was. Hopefully you have some documentation of the order to expunge. I'm not sure how your LEO friend can have them "not" arrest you if there is a warrant. Judge's signature trumps my friend the cop until the warrant is recalled.
Best of luck, and good luck on finding out who dropped the ball...if the lawyer did, he will cover it like a cat covering poop.
 
#57 ·
Plan to be gone a couple of weeks, just in case. Don't drive to the office, catch a cab or a bus. Better yet, catch a cab or a bus to the lawyer's office, and ride with him to the cop-shop.

Bring /copies/ of your legal papers you can find and give them to the lawyer.

Strip your wallet and pockets of non-essential items. Carry only the minimum for a sandwich and transportation, ID, etc.
 
#60 ·
Update: I couldn't find my receipt. I think it was in my stuff that was water damaged last year. Anyway, I called the circuit court clerk and they told me to come down and get a CD's of the days in question and listen to them. She told me to write the time stamps down and the judge will review and rescind the warrant if he see's fit. I had my buddy go to the court house and he came out with two documents and two cd's. Upon further review, I noticed a some bold print that on one form that read: THE CASE IS TO BE RESET FOR 22 DAY OF FED 2007, TO SHOW COMPLAINCE. FAILURE TO APPEAR ON THIS DATE WILL RESULT IN A CAPIAS. Well, I look at the date the capias was issued and it was issued for failure to appear on 3/22/07. I had my friend go back and get the CD of Feb 22 2007 for my review. I listened to all three CD's and I'm going to be fine. There had to be a clerical error cause the recordings are in my favor. Went to court 3/2/06 which retired till review of case on 02/22/07 at which time the judge dismissed it. But then on 3/22/07 he calls my name again for another review for the same charge and since I had that dismissed the month prior I wasnt there and a capias was issued. I'm golden. I'm turning my time stamps and a nice letter with that paper that has the date into the judge tomorrow for his review. I made sure my letter tone let the court save face so I can get this rescinded ASAP. Thanks for everyone's help in this. I will let you know how the next few days go once I try to get this suspension off my permit.
 
#62 ·
Update: Judge's clerk looked over findings and had additional paperwork pulled that proved I showed when I was suppossed to. He said he would have the warrant rescinded but because the dispostion was incorrect that I would have to come to court to have this completely fixed. He set a date for 10/1/12 and stated that the judge would dismiss and there would be no court costs. He also said that he, the judge's clerk, would handle my Permit suspension paperwork because the reason it was suspended was a clerical error. Hopefully, Monday's court goes as planned. Thanks to everyone for their advice.
 
#66 ·
The bad thing is that without even being aware a warrant had been issued you could have been stopped for a traffic infraction etc by LEO and next thing you know your headed to jail and until you get legal counsel etc may sit there til you see a judge and since it was a FTA warrant if bond is set may be pretty hefty.
 
#67 ·
I have been stopped at least twice since the warrant was issued in 2007. The bond would have been $5000. I think the bonds are standard so you don't have to wait to see a judge before you bond out but yes it would have been inconvenient and costed me much more than the way I have handled it. So far, it has only costed me a lunch, a breakfast and $3 for the cd recordings of court. I fed my friend each time he helped me.
 
#68 ·
Glad it worked out. Endevour to persevere.
 
#69 · (Edited by Moderator)
Update: I went to court and my case was dissmissed again. As far as the handgun permit suspension, they weren't so helpful. I was bounced from clerk to clerk and room to room. Eveyone acted like it was the first time they had seen the handgun permit suspension paperwork. I left and called the handgun unit. The lady there wasn't that helpful either. So I went back to the clerk. I got certified copies of the recall of the capias warrant and copies of the dismissed case which I then sent certified mail to the hadgun division along with a total of $52 in money orders for reinstatement fees. I hope this is sufficient. I will do one last follow up after I follow up with the handgun division to clarify my status. Thanks to those who offered advice and best wishes.
 
#70 · (Edited by Moderator)
UPDATE: I recieved a letter from the DHS and they said I was good to go except for paying $12.50 court cost. I called them to clarify and then called the Nashville court. Thye had no record of me so I went down to my local court. Before, when I was trying to get them to help me they knew nothing about it but this time when I went back and told them I need to pay them some money they all of a sudden knew all about it and couldn't get me a receipt printed fast enough. The one lady that was rude to me chimed in and was full of answer this time but last time she acted like I'm the first person to ever have a mistake happen to and the first person she'd ever met with handgun permit issues. I should have took her a cheesecake lasttime and this would be fixed. Anyway, I called the DHS and they had me fax a copy of the receipt and told me to call back in a few days to check the status of my permit! I'll do a final follow up soon! I got my fingers crossed but not holding my breath.
 
#71 ·
Well, there you go. Persistance has paid off.
 
#72 ·
That may be true. But it seems like a serious amount of hassle for someone whom hasn't done anything wrong. It was a clerical error that was beyond his control. It's cost him both time and money. And, as the average tax payor, he has absolutely no recourse to recoup that cost...short of spending more money to sue the city.
 
#74 ·
Last summer I went in to renew my Ohio DL. I was told that PA had suspended my DL and I had to work things out with them before Ohio would let me renew. I found out that PA wanted their pound of flesh for an under aged drinking citation issues to me almost 22 years ago. Like the OP my case had been dismissed by a judge a few days after being issued but due to a spelling error of my very long German last name it popped back up in the system.

Here's why: Recently all 48 contiguous states have gone to a shared SSN based records database. My name was misspelled on some court paperwork but my SSN was correct and when my two files were merged it looked to PA that I had never dealt with the issue. I was able to resolve the issues after a week or two but it was a real PITA. Little paper kings in their government fiefdoms can be very hard to deal with. Thankfully a nice court clerk was able to dig up the original paperwork for me and get it sent over to the DMV (along with a copy for me). In the end it worked out but it sure is a PITA to deal with the government, be it state or fed.
 
#76 ·
I might be a lightweight but...



At least my novel will be completed unlike Kafka’s who's descriptions of law and legality; which are often treated as metaphors for things other than law, but also are worthy of examination as a particular concept of law and legality which operates paradoxically as an integral part of the human condition under modernity.
 
#77 ·
In a recent study based on Kafka's office writings,[2] Reza Banakar points out that many of Kafka’s descriptions of law and legality are often treated as metaphors for things other than law, but also are worthy of examination as a particular concept of law and legality which operates paradoxically as an integral part of the human condition under modernity.[3] Josef K. and his inexplicable experience of the law in The Trial were, for example, influenced by an actual legal case in which Kafka was involved
Straight from The Trial - Wikipedia, the free encyclopedia
 
#81 ·
pla·gia·rism noun

an act or instance of using or closely imitating the language and thoughts of another author without authorization and the representation of that author's work as one's own, as by not crediting the original author
Synonyms: appropriation, infringement, piracy, counterfeiting; theft, borrowing, cribbing, passing off.
Busted....lmao!
 
This is an older thread, you may not receive a response, and could be reviving an old thread. Please consider creating a new thread.
Top