Need advice: ISP suspended LTCH Notice and hearing.....

[LP1]

...The court has a hearing scheduled next month on a day that I am not able to get off work...

IMO, you should re-think this statement. As many have wisely mentioned, try to get it postponed and get a lawyer - but you might just need to tell the boss that you have a court date and can't be at work that day. If all else fails, call in sick. The hearing needs to take priority.

 

[CTS]

Most attornies will give you a free consultation, go take advantage of that now. The real problem dealing with issues like this is that you don't know what you don't know. I tried to handle a small claims issue myself and $800 to a lawyer absolutely would have saved me $6000. I had proof I didn't owe it, but I missed a window for getting a successful result on a motion I filed. That was only money, this is your right to carry, go talk to an attorney.

 

[tonybia]

Well its about time for an update. What I did was mail a certified letter to the ISP and the Attorney for the ISP Mr. Wood in which I asked for my license to be promptly re-instated since all the pending charges have been dropped and the prosecutor states that there is no evidence to proceed. IF that would not be possible to please reschedule my hearing to a later time at which time I would be present with an attorney specializing in this facet of the law. This letter was sent a week and half prior to the hearing. The letters were received and I never heard anything even though it has been 4 weeks since the hearing. Being curious I went online and checked the status of my license about 2 weeks ago and it was listed as approved. So next I ordered a plastic replacement one. They charged my cc and guess what I got in the mail yesterday? A new plastic license with a date on it of 12/8/14. So by all accounts it appears that this has been resolved or there is a glaring hole in the process. The fact that I have a HP card with a current date sure does lend some weight to my right to carry. If a person checks online and there permit is listed as current is that not the last word in the matter?

 

[Cameramonkey]

The final word in the matter as far as we are concerned is how it appears in the ISP database. When the police verify that record as valid you are GTG. The physical copy matters not. (except to provide preliminary proof you are likely good)

 

[HoughMade]

Well its about time for an update. What I did was mail a certified letter to the ISP and the Attorney for the ISP Mr. Wood in which I asked for my license to be promptly re-instated since all the pending charges have been dropped and the prosecutor states that there is no evidence to proceed. IF that would not be possible to please reschedule my hearing to a later time at which time I would be present with an attorney specializing in this facet of the law. This letter was sent a week and half prior to the hearing. The letters were received and I never heard anything even though it has been 4 weeks since the hearing. Being curious I went online and checked the status of my license about 2 weeks ago and it was listed as approved. So next I ordered a plastic replacement one. They charged my cc and guess what I got in the mail yesterday? A new plastic license with a date on it of 12/8/14. So by all accounts it appears that this has been resolved or there is a glaring hole in the process. The fact that I have a HP card with a current date sure does lend some weight to my right to carry. If a person checks online and there permit is listed as current is that not the last word in the matter?

Well son of a gun.....I still can't get my plastic/address change license. I guess it's easier to clear a felony charge than to.....whatever with a new address that the BMV has had for over 2 months.

 

[tonybia]

The final word in the matter as far as we are concerned is how it appears in the ISP database. When the police verify that record as valid you are GTG. The physical copy matters not. (except to provide preliminary proof you are likely good)

So when I went online to the ISP website and it listed it as approved then that meant I was good to go right?

 

[Cameramonkey]

So when I went online to the ISP website and it listed it as approved then that meant I was good to go right?

IANAL but my understanding is once that says approved, and you have the NEW copy of the license in your hand that was produced AFTER the ruling, you are fine. Some would argue that for new licenses that once it says approved you are OK to carry, but I wouldnt do so without having the pink in my hand.

Worst case, have a LEO friend (if you have one) run your ID and see what the ISP tells them. Basically simulate a stop.

 

[ratames]

Well son of a gun.....I still can't get my plastic/address change license. I guess it's easier to clear a felony charge than to.....whatever with a new address that the BMV has had for over 2 months.

It took me 4 phone calls with ISP to get my replacement. My application was "stuck" in some funky status due to the new software. It was approved on Monday and I received the new plastic card yesterday. She told me to expect 3 - 4 weeks before I saw it.

 

[bigworm]

Is it past the date of when you was suppose to go to your court date

 

[tonybia]

Is it past the date of when you was suppose to go to your court date

As I wrote above it has been 4 weeks since the hearing date.

 

[Echelon]

It took me 4 phone calls with ISP to get my replacement. My application was "stuck" in some funky status due to the new software. It was approved on Monday and I received the new plastic card yesterday. She told me to expect 3 - 4 weeks before I saw it.

My Wife's got lost... then found, then put on hold for non-payment on the local level (IMPD) even though it was actually paid, she produced proof of payment, and got it about a month later.

 

[Vigilant]

As I wrote above it has been 4 weeks since the hearing date.

Again with IANAL, but just because a watery tart throws you a sword, doesn't make you king! I'd find out where the pink plastic/paper is before I would strut about armed!

 

[tonybia]

Well I thought I would put one last update on this thread. A day or so ago I received a certified letter from the ISP. In the letter was the record of the hearing that was held without me there and I was indeed found to be a "proper person" and my license was re-instated. So now with new plastic license in wallet and formal letter in hand I am once more a certified "proper person" and can go about exercising my priviledge once more! Thanks for the help guys and I hope my experience might help someone that has the unfortunate experience of being arrested for something they are totally innocent of only to have the handgun license suspended.

 

[LockStocksAndBarrel]

Well I thought I would put one last update on this thread. A day or so ago I received a certified letter from the ISP. In the letter was the record of the hearing that was held without me there and I was indeed found to be a "proper person" and my license was re-instated. So now with new plastic license in wallet and formal letter in hand I am once more a certified "proper person" and can go about exercising my priviledge once more! Thanks for the help guys and I hope my experience might help someone that has the unfortunate experience of being arrested for something they are totally innocent of only to have the handgun license suspended.

 

[tbhausen]

It's a right affirmed in the Bill of Rights, not a privilege granted by any government (well it's supposed to be, anyhow...).

 

[LeeStreet]

Lawyer up, call Saul!

 

[spaniel]

Well I thought I would put one last update on this thread. A day or so ago I received a certified letter from the ISP. In the letter was the record of the hearing that was held without me there and I was indeed found to be a "proper person" and my license was re-instated. So now with new plastic license in wallet and formal letter in hand I am once more a certified "proper person" and can go about exercising my priviledge once more! Thanks for the help guys and I hope my experience might help someone that has the unfortunate experience of being arrested for something they are totally innocent of only to have the handgun license suspended.

You took an awful chance no-showing that hearing. You just got lucky everything went your way. Had I sent that letter and not heard back before the hearing, you bet your bottom dollar that me or my lawyer would have been there.

 

[tonybia]

You took an awful chance no-showing that hearing. You just got lucky everything went your way. Had I sent that letter and not heard back before the hearing, you bet your bottom dollar that me or my lawyer would have been there.

If you read my earlier posts you would have known that I did not no-show the hearing. I asked for it to be re-scheduled. THEY chose the have the hearing and reinstate my license. Anyways I had my bases covered because if they had the hearing and ruled against me I could of produced the letter and certificate of receipt and then my lawyer would of had some fun. In the end, it did turn out for the best so I thought I would post my experience in case others are facing a similar problem.

 

[Timjoebillybob]

If you read my earlier posts you would have known that I did not no-show the hearing. I asked for it to be re-scheduled. THEY chose the have the hearing and reinstate my license. Anyways I had my bases covered because if they had the hearing and ruled against me I could of produced the letter and certificate of receipt and then my lawyer would of had some fun. In the end, it did turn out for the best so I thought I would post my experience in case others are facing a similar problem.

Yes you did no show the hearing. You weren't there. And yes you did request a continuance, but I don't believe they are required to grant that request. Also I don't know if a letter is considered "valid" for that purpose. Still glad for you that it turned out the way it did.