Is my Lawyer blowing smoke up my ***?

[SnakeBitDad]

What is the name of your state (only U.S. law)? Arkansas

Its always a long story and I will get into more details if need be but for now I just want to know if I should seek a real attorney over my state funded public defender. I am defending myself against a bunch of charges. 4 F's and one M. If the system works I am most likely to get the M charge. Only because beyond a reasonable doubt I am not guilty of the 4 F's. Its like they are trying harder than they should. That's okay though. I believe in the system to an extent.

The M is a Class A Domestic Battery charge. They can take my 2nd amendment away over this cant they? My attorney says no they can't. But I read different online. If I know this for sure then I know my Att needs to be replaced. Many locals in the area have already told me that "everyone is in bed together" around here. I hope this guy is being straight with me. But I have my doubts. I am not worried about what I did. I have made good on it. I am worried about what I didn't do. Thanks for the help.

 

[Proserpina]

What is the name of your state (only U.S. law)? Arkansas

Its always a long story and I will get into more details if need be but for now I just want to know if I should seek a real attorney over my state funded public defender. I am defending myself against a bunch of charges. 4 F's and one M. If the system works I am most likely to get the M charge. Only because beyond a reasonable doubt I am not guilty of the 4 F's. Its like they are trying harder than they should. That's okay though. I believe in the system to an extent.

The M is a Class A Domestic Battery charge. They can take my 2nd amendment away over this cant they? My attorney says no they can't. But I read different online. If I know this for sure then I know my Att needs to be replaced. Many locals in the area have already told me that "everyone is in bed together" around here. I hope this guy is being straight with me. But I have my doubts. I am not worried about what I did. I have made good on it. I am worried about what I didn't do. Thanks for the help.

Your public defender IS a "real attorney".

We can't second guess your attorney. If you're not satisfied, you're of course free to hire a different attorney.

 

[SnakeBitDad]

Be that as it may. Are you allowing yourself to be distracted over the fact that I did not title his profession correctly, to discount the issue I already outlined? Its just that your telling me what I already know. But thanks for the response. Your correct, he is a real attorney. I should have stated that differently. I know from going to court a few times that they point it out to the judge when a person pays rather then needs state assistance to hire them. Like the person scores points in the court. This is also why I need to know the answer if it could be provided. Thanks again.

 

[Mass_Shyster]

The job of your criminal defense is to defend you from criminal charges, not to determine every possible ramification those charges or a conviction may have.

A domestic violence charge will preclude you from getting a gun license in some states. It may also subject you to deportation if you are not a citizen. It may prevent you from getting a security clearance. It may prevent you from getting some jobs. It may prevent you from living in certain places. It may prevent you from getting certain professional licenses.

Since nobody is paying him to research these for you, you're better off researching them yourself. Go find the laws in your state and see if you are precluded from carrying or possession a firearm. If you are, print it out, show it to your attorney, and explain that it is important to you to keep this right intact, so you are not willing to take any deal offered that may restrict that right.

 

[Ohiogal]

Be that as it may. Are you allowing yourself to be distracted over the fact that I did not title his profession correctly, to discount the issue I already outlined? Its just that your telling me what I already know. But thanks for the response. Your correct, he is a real attorney. I should have stated that differently. I know from going to court a few times that they point it out to the judge when a person pays rather then needs state assistance to hire them. Like the person scores points in the court. This is also why I need to know the answer if it could be provided. Thanks again.

It is pointed out only because the funding is from the court and if experts are needed, the court pays, not the defendant. If other things are necessary, then the person paying is NOT the defendant if they have appointed counsel. Whereas if you retain counsel all those costs on you. In other words, your ignorance is going to cost you. As for not titling his profession correctly, you are showing your ignorance again. You seem to believe you know more than your attorney. Hire yourself new counsel.

 

[sandyclaus]

What is the name of your state (only U.S. law)? Arkansas

Its always a long story and I will get into more details if need be but for now I just want to know if I should seek a real attorney over my state funded public defender. I am defending myself against a bunch of charges. 4 F's and one M. If the system works I am most likely to get the M charge. Only because beyond a reasonable doubt I am not guilty of the 4 F's. Its like they are trying harder than they should. That's okay though. I believe in the system to an extent.

The M is a Class A Domestic Battery charge. They can take my 2nd amendment away over this cant they? My attorney says no they can't. But I read different online. If I know this for sur!e then I know my Att needs to be replaced. Many locals in the area have already told me that "everyone is in bed together" around here. I hope this guy is being straight with me. But I have my doubts. I am not worried about what I did. I have made good on it. I am worried about what I didn't do. Thanks for the help.

So, out of this whole situation, you're most worried that you're going to lose the ability to possess a firearm? Really???

If the "M" is a DV charge, I can only imagine the nature of the OTHER charges can't be far off. And if they are all related to the woman you were seeing, perhaps it's best you AREN'T allowed to have the guns - for HER sake.

By the way, what were the felonies with which you're charged?

 

[SnakeBitDad]

So, out of this whole situation, you're most worried that you're going to lose the ability to possess a firearm? Really???

If the "M" is a DV charge, I can only imagine the nature of the OTHER charges can't be far off. And if they are all related to the woman you were seeing, perhaps it's best you AREN'T allowed to have the guns - for HER sake.

By the way, what were the felonies with which you're charged?

Oh ya the charges are far off. She cheated. Got in my face while driving the car on a winding mountain road with kids in the car. So I panicked and smacked her. No one wishes more than I that I had just slammed on the brakes instead. But emotion took over. With all that being said. Me and my wife worked things out. SO go ahead with the man hating and tell me how bad I am. Its obvious I am still paying for this when I cant even ask for help. Im out of here.

 

[single317dad]

The M is a Class A Domestic Battery charge. They can take my 2nd amendment away over this cant they? My attorney says no they can't. But I read different online. If I know this for sure then I know my Att needs to be replaced. Many locals in the area have already told me that "everyone is in bed together" around here. I hope this guy is being straight with me. But I have my doubts. I am not worried about what I did. I have made good on it. I am worried about what I didn't do. Thanks for the help.

http://www.lautenberg.senate.gov/issues_update/guns_crime.cfm

http://www.monterey.army.mil/legal/criminal_law/lautenberg_inprocessing.pdf

I very much disagree with this law, but my disagreement puts me in opposition to the supreme court, which has upheld it. If you are convicted of a domestic violence charge, then you are never, ever allowed to possess a firearm again for the rest of your life. It means you can never be a soldier or a police officer, or effectively defend yourself against an armed assailant.

 

[single317dad]

So I panicked and smacked her.

Then you are guilty. Nothing else you say or do is of any consequence at this point.

 

[davew128]

Then you are guilty. Nothing else you say or do is of any consequence at this point.

Not necessarily guilty. Depending on what the woman did there MAY be an affirmative legal self defense.

 

[sandyclaus]

Oh ya the charges are far off. She cheated. Got in my face while driving the car on a winding mountain road with kids in the car. So I panicked and smacked her. No one wishes more than I that I had just slammed on the brakes instead. But emotion took over. With all that being said. Me and my wife worked things out. SO go ahead with the man hating and tell me how bad I am. Its obvious I am still paying for this when I cant even ask for help. Im out of here.

So you got upset with her, and lashed out at her - LITERALLY. You deserve what you get. Just because she was unfaithful STILL doesn't give you right to put your hands on her in anger.

IMHO, your wife would be a fool if she just let you off on your responsibility for your actions here.

And let me be clear - I'm an equal opportunity DV hater. Whether you were a man or a woman, I'd be telling you EXACTLY the same thing. There is NEVER an excuse for raising your hand to your spouse or partner in a fit of rage during an argument.

Back to the subject of this thread - I wonder what would have happened if you had had your firearm with you during this situation? Would you then be trying to blame it on HER for "making" you shoot her as well? Which just makes my point even more relevant - if you would resort to violence during an argument, you'd probably reach for that gun to make YOUR point as well. That's why you can AND should lose your right to have the firearm - at least until you learn how to get control of your anger and learn how to take responsibility for YOUR actions. No one "MAKES" you do these things but YOU.

 

[TigerD]

I detest a male that hits women as much as or more than the most people. But in fairness, the OP may have a defense to the charge if she was, in fact, "getting in his face" while he was driving over a winding mountain road. Her behavior may have created an extremely hazardous condition for the OP and his kids.

DC

 

[Antigone*]

I find it very telling that he can't afford his own representation but he certainly can afford to own firearms.


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