weplumcrazy
Member
What is the name of your state? TEXAS
I have just left the court house for a break because we are at a standoff as to how our case is going to be resolved> This case involves 5 defendants charged with Organized Criminal Activity for 1 Keeping a gambling establishment 2. Promotion of gambling 3. Possession of gambling equipment. The 3 charges are actually Class A misdemeanors but lumped together with 5 people (2 owners and 3 employees) they have jumped it up to Organized Criminal Activity.
In reality we were operating an 8-liner redemption game room. In May of 2005 they raided our game room and seized our machines along with 2 other game rooms but left about 20 other game rooms still in operation and still operating today. 8-liners fall under the amusement device category of the gambling law and are legal in Texas as long as operated properly according to redemption guidelines.
This case has been going on for 11/2 years with the outcome supposedly to be decided today. The main issue here is the DA's office cannot produce the original affidavit to the search warrant. They have produced copies which don't match up re the signatures, and other discrepancies. Today was the day either they produced an original valid affidavit or the judge would rule on the motion to suppress, and supposedly dismiss the case. Well that isn't happening. The DA's office still has not produced the original affidavit however they are still trying to bargain with us. They have gone from 3 dismissals and 2 owners take Class A misdemeanors, to 4 dismissals and 1 owner take Class A dismeanor, to now all 5 dismissals but we have to forfeit the machines which are about $80,000 in value. The are "strong arming" us to take this deal NOW or we ALL go to trial on the Felony charges. At first she (ADA) was going to take the opportunity to view the affidavit away until trial but we are screaming NO we have a right to view the affidavit according to Code of Criminal Procedures. She is insisting we take this deal NOW or go to trial. Does she still have any room to bargain? Can she dismiss all charges and still keep our machines?
Now they are saying we forfeit the machines but we can then go through purchasing and BUY THE MACHINES BACK! Do we stand our ground here and risk going to trial or do we take a deal that she really has no grounds to make? How can they say our court appearance today was a hearing to decide the outcome and then suddenly say it is not.
Can the judge not step in and demand justice and fairness here? WHAT ARE THE RULES or does the DA's office have any? HELP! WE need an opinion as to should we stick to our guns? How about if we offer to them You give our machines back, dismiss our case and we won't bring out the fact you have altered the affidavit to everyone's attention?
I have just left the court house for a break because we are at a standoff as to how our case is going to be resolved> This case involves 5 defendants charged with Organized Criminal Activity for 1 Keeping a gambling establishment 2. Promotion of gambling 3. Possession of gambling equipment. The 3 charges are actually Class A misdemeanors but lumped together with 5 people (2 owners and 3 employees) they have jumped it up to Organized Criminal Activity.
In reality we were operating an 8-liner redemption game room. In May of 2005 they raided our game room and seized our machines along with 2 other game rooms but left about 20 other game rooms still in operation and still operating today. 8-liners fall under the amusement device category of the gambling law and are legal in Texas as long as operated properly according to redemption guidelines.
This case has been going on for 11/2 years with the outcome supposedly to be decided today. The main issue here is the DA's office cannot produce the original affidavit to the search warrant. They have produced copies which don't match up re the signatures, and other discrepancies. Today was the day either they produced an original valid affidavit or the judge would rule on the motion to suppress, and supposedly dismiss the case. Well that isn't happening. The DA's office still has not produced the original affidavit however they are still trying to bargain with us. They have gone from 3 dismissals and 2 owners take Class A misdemeanors, to 4 dismissals and 1 owner take Class A dismeanor, to now all 5 dismissals but we have to forfeit the machines which are about $80,000 in value. The are "strong arming" us to take this deal NOW or we ALL go to trial on the Felony charges. At first she (ADA) was going to take the opportunity to view the affidavit away until trial but we are screaming NO we have a right to view the affidavit according to Code of Criminal Procedures. She is insisting we take this deal NOW or go to trial. Does she still have any room to bargain? Can she dismiss all charges and still keep our machines?
Now they are saying we forfeit the machines but we can then go through purchasing and BUY THE MACHINES BACK! Do we stand our ground here and risk going to trial or do we take a deal that she really has no grounds to make? How can they say our court appearance today was a hearing to decide the outcome and then suddenly say it is not.
Can the judge not step in and demand justice and fairness here? WHAT ARE THE RULES or does the DA's office have any? HELP! WE need an opinion as to should we stick to our guns? How about if we offer to them You give our machines back, dismiss our case and we won't bring out the fact you have altered the affidavit to everyone's attention?