Saint John Indiana, NOT gun friendly

[Cemetery-man]

Take my advice, if you are going to carry, find a lawyer now and give him $2500 as a retainer. Put another $1000 to $1500 aside, in cash, for bail money. Think of it as insurance. If this doesn't go to trial it will still end up costing be around $3500. If it goes to trial add another $2500. And I'm getting off cheap because I've used this attorney for other things.

Good point. One of the reasons why I quite carrying everywhere I go. Good luck Bill.

 

[ProLibertate]

I am at a loss for words on the way this thing has been handled from the beginning.
It makes my blood boil to read some of this. As an LEO, I am embarrassed that some of my colleagues (for lack of a better word...I don't know anybody there) are apparently this misinformed on the topic of law in general. The whole thing seems clear cut to me.
If there's any way I can help, Bill, just ask.

I am morbidly curious to read the deposition from the detective and the officer(s).
I wish you the best, and I hope you can put this all behind you very soon.

 

[Terry A]

I have had the intial hearing in July, that's when charges are read and you enter a plea.
Then in August was what they call an "omnibus hearing" where a lot of different things can happen, we asked for a jury trial (set for June 2011) and set a hearing date for a motion to dismiss.
Today was supposed to be the hearing on the motion to dismiss, which didn't happen.
Yes, a continuance is a delay or resetting of the hearing. I don't know how many will typically be given, but this is the first that has been given in my case.
Take my advice, if you are going to carry, find a lawyer now and give him $2500 as a retainer. Put another $1000 to $1500 aside, in cash, for bail money. Think of it as insurance. If this doesn't go to trial it will still end up costing be around $3500. If it goes to trial add another $2500. And I'm getting off cheap because I've used this attorney for other things.

Bill I see you are an NRA member, have you contacted the NRA for any advice?

 

[Bill B]

apparently a conspiracy by a small-town p.d. to deprive a citizen of their 2A rights doesn't interest the NRA. At least not until I get thrown in the slammer and am appealing a wrongful conviction.
They do have an attorney referral though. They referred me to a family law attorney in Merrillville. I may just let my membership expire and try to find another organization to join.

 

[CTC B4Z]

bah!

 

[Timjoebillybob]

I take it a "continaunce" is a post-ponment of the court date (ie. both sides saying their side to the judge who will tend rule on the case). If so how many "continuance" can be granted. I take it only the judge can grant them. Does this not fly in the face of a speedy trial?

I don't think there is a set amount that they can request. But I think they have to have a valid reason. What is valid is I think pretty much up to the judge but I doubt he would approve one because your astrologer said the stars weren't right. But then again who knows.

I have seen defense attorneys continue cases for literally years. It can work in their best interest, evidence get's lost or contaminated, officer/witnesses move etc. I have heard one say the longer they can continue the better. I know someone that had a dui case continued for close to 2 years to let another one roll off so it wouldn't be a felony.

If you don't mind me asking who is your atty?

The ones I have heard up here (NWI) that are good and I have in my phone but have never talked to them are:

Larry Rogers
219-762-9538
Valpo, IN

I'm pretty sure he is the one I've heard of, no idea on personal defense and such but he's hell on DUIs. My brothers neighbor had him on retainer just for that , I think he got him off something like 7 or 8 last I heard.

apparently a conspiracy by a small-town p.d. to deprive a citizen of their 2A rights doesn't interest the NRA. At least not until I get thrown in the slammer and am appealing a wrongful conviction.
They do have an attorney referral though. They referred me to a family law attorney in Merrillville. I may just let my membership expire and try to find another organization to join.

Was the Attn name Woloshansky by any chance? He may be in family law now, but he used to do a lot of criminal and other work. He worked as a PD for Lake co for I think mostly heavy felonies. Do you remember a guy named Peterson that they called "the shotgun killer" Alex was one of the lawyers that got him off in Lake Co. And I believe he is pretty pro gun but not positive. I do know he was one of the Attn for Westsforths in City of Gary v too many gun makers/gunshops to list. That may be why he's on the NRA's list.

I am not recommending him, but I'm not not recommending him. I have had him represent me before and probably would again.

And I'm not defending the NRA just explaining what might be a reason for why they do it that way. They could fight small cases all over and set precident for that courtroom. Or they could fight appeal cases and maybe set precedent for the state. Which do you think they would consider a better use of resources? I know it sucks for you but....

I don't know if it's been mentioned here yet but have you tried the ACLU?

 

[Indy317]

The detective had (or has) no idea that residential entry requires force of some sort to be used, and he admits that I used no force whatsoever, and that it was resonable for me to assume I had permission to enter.

When I read things on here, sometimes I find something I question. I checked the residential entry statue:

IC 35-43-2-1.5 Residential entry
Sec. 1.5. A person who knowingly or intentionally breaks and enters the dwelling of another person commits residential entry, a Class D felony.

I don't see anything in the statue that would require "force." Sometimes these issues are hammered out in appeals court rulings, so maybe this is where this comes from? Still, it was my understanding the whole reason the state passed a "residential entry" statue was to be able to charge folks who may have entered a residence to burglarize it, but for some reason didn't "commit a felony in it."

 

[jedi]

When I read things on here, sometimes I find something I question. I checked the residential entry statue:

IC 35-43-2-1.5 Residential entry
Sec. 1.5. A person who knowingly or intentionally breaks and enters the dwelling of another person commits residential entry, a Class D felony.

I don't see anything in the statue that would require "force." Sometimes these issues are hammered out in appeals court rulings, so maybe this is where this comes from? Still, it was my understanding the whole reason the state passed a "residential entry" statue was to be able to charge folks who may have entered a residence to burglarize it, but for some reason didn't "commit a felony in it."

What does the term "break" in the IC mean?

 

[theweakerbrother]

What's the definition of "is"?!

 

[jedi]

What's the definition of "is"?!

Sry but Billy already used that defense.

 

[slars1327]

I can't believe how far 2 LEO's from a small town carried this ! You obviously pissed the corporal off. It appears he may have been the antoganist (by pushing this) and was trying to "impress you" with his "ability " to flex his muscle and teach you a lesson in "DA LAW" according to corporal!! Keep your cool. Right now I would say the detective is telling corporal " I told you to quit FU&*(& with people !!!".Corporal isn't too worried yet , I think as long as he can say he acted under color of law he can't be personally (monetary) be held liable. He can still be fried until well done by the chief and other local politicians for being a bit heavy handed. I would let corporal hang himself. I am sure by the lack of info about him here that he has already stepped on his dick in his depo and isn't going to get the direct backup of his story from the detective. Lay back be cool. Corporal may have even more rope left to hang himself very well.

 

[Bill B]

When I read things on here, sometimes I find something I question. I checked the residential entry statue:

IC 35-43-2-1.5 Residential entry
Sec. 1.5. A person who knowingly or intentionally breaks and enters the dwelling of another person commits residential entry, a Class D felony.

I don't see anything in the statue that would require "force." Sometimes these issues are hammered out in appeals court rulings, so maybe this is where this comes from? Still, it was my understanding the whole reason the state passed a "residential entry" statue was to be able to charge folks who may have entered a residence to burglarize it, but for some reason didn't "commit a felony in it."

The trial and appeals courts have consistently ruled that in order to "break and enter" you must use force. Even minimal force such as turning a doorknob would be enough. Everyone involved admits that I did no such thing.
One great thing about being a student is that I have access to the Lexis-Nexus (sp?) law library.

 

[bigus_D]

Bill B,

After reading this thread, I can't believe this is happening to you and commend you on fighting the good fight.

I carry a handgun pretty much everywhere I go. Recently I held a friend move her things out of her ex-house, her ex-boyfriend's house. As always, I carried. Thankfully, everything remained civil during this encounter... I emphasized with my friend that if there was the slightest possibility of any trouble we should request police assistance while retrieving her possessions. Anyhow, your story really hits home with me as I've been in similar circumstances which didn't turn out nearly the same.

I would love to read anything available regarding your case. Has it been in the local news at all? Are there public records available online?

I'll keep you in our prayers for a successful outcome. Thanks for keeping us informed.

 

[Arthur Dent]

You've got moral support here, Bill B.

 

[mainjet]

When I read things on here, sometimes I find something I question. I checked the residential entry statue:

IC 35-43-2-1.5 Residential entry
Sec. 1.5. A person who knowingly or intentionally breaks and enters the dwelling of another person commits residential entry, a Class D felony.

Break and Enter - "And" being the word that changes it all. If you just "break" you caused property damage or possibly criminal property damage.

If you "Enter" you may just be a friend coming in for dinner.

If you break AND enter - Hello, residential entry...

Bill walked into an open door with the home owner standing there. When she stopped him and asked him to leave, he did.

I still think that it would have been an excellent time for concealed carry but then again, I always think that.

 

[Dukshead]

I am at a loss for words on the way this thing has been handled from the beginning.
It makes my blood boil to read some of this. As an LEO, I am embarrassed that some of my colleagues (for lack of a better word...I don't know anybody there) are apparently this misinformed on the topic of law in general. The whole thing seems clear cut to me.
If there's any way I can help, Bill, just ask.

I am morbidly curious to read the deposition from the detective and the officer(s).
I wish you the best, and I hope you can put this all behind you very soon.

Completely agree with ProLibertate here Bill. I am emberased at my colleagues as well. Please let me know too if there is anything I can do for you. Tons of moral support and any other kind I can think of headed your way. Good luck.

 

[ejm874]

My thoughts and best wishes are with you Bill. This is one of those situations that has been blown completely out of proportion, likely for no other reason than for the officers to flex their muscle. Granted I have only just begun my study of law, but I see no charge that could hold up from the facts you have relayed. I plan on attending your hearing on the 7th, assuming I get permission to leave my criminal law class early (ironic, right?). Fortunately my professor is a great one, and I'm hoping he will allow it since he and I won the law school golf scramble last month... Anyways, best of luck, and when this is all over the beer and first 100 rounds are on me! Not in that order, of course.

E

 

[Vic_Mackey]

I am terribly sorry to see this has dragged on for so long, Bill. I agree with the other guys: let him hang himself, you did nothing wrong. I am about to begin a complaint process myself, not with podunk PD, but a very tight knit, tightly wound PD, and I hope that you prevail on top and take em for everything you can. It's a sad day when the good guys get treated like second class citizens and/or criminals by the men and women that take an oath to SERVE and PROTECT law abiding and respectful people of their community, and uphold the laws of our great constituion. Stick to your guns (no pun intended, or is it?)

 

[Vic_Mackey]

Oh and there is a NRA/gun friendly atty in Indy named Barry Macy and his number is 317-637-2345. I was referred to him when I got fired for legally carrying my weapon in my car, and again after my OCing issue. Maybe he can help put a fre under their collective a$$es.

 

[Bill B]

free at last!

It seems the prosecutor has finally goteen around to reading the depositions and has filed to drop the case. So unless the judge does something weird on Thursday, the criminal part will be over.
The civil fun is just beginning.