Guy Waved His Gun at me - Page 2 - Toyota GR86, 86, FR-S and Subaru BRZ Forum & Owners Community

Giccin · 06-24-2013, 12:21 PM

Get the plate number and car (which you did)

Call 911 and say there's a man with a firearm next to me and my life feels threatened right now.

All you need to say is... "your life feels threatened."

I've been held up at gunpoint before and when you say something like that they'll have helicopters and as well as patrol cars there in 5-10mins depending on where you're at.

As for future reference... its best to just let this idiot pass and be safe.

Ryuu0u · 06-24-2013, 01:32 PM

Good on you OP to get his plates and make sure you got the ef out of there. A quick snap shot with your phone could have landed him in jail but of course it's one of those "in the moment" things where that would be the last thing on your mind. Secondly I don't think having CCW in the car is needed as the car is covered under the castle doctrine or something like that. May vary where you live though. Good thing no one got hurt though. I probably would have got behind or ahead of him as far away as I can because dealing with people like that isn't worth it.

EAGLE5 · 06-24-2013, 02:36 PM

Always talk to a lawyer you're paying before talking to a DA. DA's their own set of priorities completely different from your own. Sounds like he's not pursuing it anyway.

Quote:

Originally Posted by LSxJunkie

Disclaimer: Not an attorney.

A private person does not press charges with his own attorney. It is up to the District Attorney's office to decide to develop the case and bring the charges with your testimony. Once you've reported the crime, your active involvement is done.

There MAY be a possible tort action for assault, but that would only result in damages.

Deki · 06-24-2013, 11:33 PM

Quote:

Originally Posted by jsimon7777

Always talk to a lawyer you're paying before talking to a DA. DA's their own set of priorities completely different from your own. Sounds like he's not pursuing it anyway.

If he wanted to "press charges", he needs to tell the cops he wants to be a victim of the alleged crime. After that, the cops themselves investigate it, or it goes to a detective. Once the cops or the detective finish their investigation, if there is a likelyhood of prosecution, they forward it to the prosecutor's office. City prosecutors get the misdemeanor charges, while the state gets the felony. Once it get to that point, (felony charges only), the DA's office has their own investigators that will do more work if the case needs it, but in the end, like LSxJunkie said, it's the DA, or someone from his office, that decides if it moves forward or not. Talking to your own lawyer does nothing at all, as he can not bring criminal charges against an individual.

Quote:

Originally Posted by LSxJunkie

Right, but this idea of "pressing charges" is a fiction created by television. It completely misconstrues the way the criminal justice system works. Regardless of your injury, it will always be the DA's choice to pursue prosecution.

^x2.

EAGLE5 · 06-25-2013, 04:55 PM

Well there you go. I guess he doesn't need to talk to a lawyer.

Seriously, it's a good idea to talk to a lawyer before getting involved legally in anything. One could step into a pile of no-good.

And yes, I know that his lawyer cannot file criminal charges. He could, however, file civil charges of some kind. All sorts of possibilities in this world.

Quote:

Originally Posted by Deki

If he wanted to "press charges", he needs to tell the cops he wants to be a victim of the alleged crime. After that, the cops themselves investigate it, or it goes to a detective. Once the cops or the detective finish their investigation, if there is a likelyhood of prosecution, they forward it to the prosecutor's office. City prosecutors get the misdemeanor charges, while the state gets the felony. Once it get to that point, (felony charges only), the DA's office has their own investigators that will do more work if the case needs it, but in the end, like LSxJunkie said, it's the DA, or someone from his office, that decides if it moves forward or not. Talking to your own lawyer does nothing at all, as he can not bring criminal charges against an individual.

^x2.

EAGLE5 · 06-25-2013, 04:57 PM

Quote:

Originally Posted by LSxJunkie

Right, but this idea of "pressing charges" is a fiction created by television. It completely misconstrues the way the criminal justice system works. Regardless of your injury, it will always be the DA's choice to pursue prosecution.

The DA doesn't usually follow through if their witness or victim doesn't want to testify. It makes their job much harder. I think it's not as simple as you make it out.

FnFast · 06-25-2013, 06:34 PM

They have an investigation going on. I just don't want to be involved any longer with the situation. Unless he has a record and has been running from the cops for years or something. Of course, before I make moves I will talk to my lawyer.

Giccin · 06-25-2013, 10:03 PM

Quote:

Originally Posted by FnFast

They have an investigation going on. I just don't want to be involved any longer with the situation. Unless he has a record and has been running from the cops for years or something. Of course, before I make moves I will talk to my lawyer.

I feel like getting a lawyer is a bit drastic. The cost of the lawyer per hour + court fees might be overwhelming for you just to "potentially" put this guy behind bars only to be released later and do the same thing again (relatively firm believer in death penalty and cruel punishment as well as human testing (long time inmates) regarding these things).

Its done now. Its not like he's following you anymore (unless he is).

But that's just my personal opinion.

White64Goat · 06-25-2013, 10:11 PM

I believe that's whats called 'Brandishing a Firearm' and it's against the law regardless if you have a permit or not.

EAGLE5 · 06-25-2013, 11:32 PM

Among other reasons to always speak to a lawyer first...
http://www.kirkpiccione.com/10-reasons-not-talk-police/

Many more reasons...

ihaskrayon · 06-25-2013, 11:47 PM

Jahdai42 · 06-26-2013, 04:16 PM

Were you PA or still in MD? That sort of crap rarely happens in VA since most people I know here are also armed.

Chewie4299 · 06-26-2013, 08:22 PM

http://www.guardian.co.uk/world/2013...otings-germany

EAGLE5 · 06-27-2013, 01:37 AM

OK dude.

06-24-2013, 12:21 PM	#15
Giccin (╯°□°）╯︵ ┻━┻ Join Date: Dec 2010 Drives: Yaris HBK, Audi 09' TTS<Had> Location: Orange County~~~ Posts: 5,162 Thanks: 4,345 Thanked 1,899 Times in 966 Posts Mentioned: 87 Post(s) Tagged: 1 Thread(s)	Get the plate number and car (which you did) Call 911 and say there's a man with a firearm next to me and my life feels threatened right now. All you need to say is... "your life feels threatened." I've been held up at gunpoint before and when you say something like that they'll have helicopters and as well as patrol cars there in 5-10mins depending on where you're at. As for future reference... its best to just let this idiot pass and be safe. __________________ I am the Ice Queen. Logic > Emotion ┬──┬◡ﾉ(° -°ﾉ) Yashio Factory Pink adds +10HP to anything. TOYOTA FT-86

06-25-2013, 06:34 PM	#21
FnFast Doctor Join Date: Aug 2012 Drives: Fast Location: Philadelphia Posts: 496 Thanks: 410 Thanked 203 Times in 126 Posts Mentioned: 2 Post(s) Tagged: 0 Thread(s)	They have an investigation going on. I just don't want to be involved any longer with the situation. Unless he has a record and has been running from the cops for years or something. Of course, before I make moves I will talk to my lawyer. __________________ Jeremy Clarkson "If you go though the Pearly Gates, backwards, in a fireball, that's a cool way to die!" 2013 White Pearl BRZ Limited 6MT - 15% Tint, Debadged, HIDPowerhouse LED Interiors and Dome

06-26-2013, 04:16 PM	#26
Jahdai42 Bajan Yankee Join Date: Jan 2013 Drives: 2016 4-Runner Trail Location: Northern VA Posts: 237 Thanks: 101 Thanked 96 Times in 45 Posts Mentioned: 15 Post(s) Tagged: 1 Thread(s)	Were you PA or still in MD? That sort of crap rarely happens in VA since most people I know here are also armed. __________________ Meh - I got nothing...

06-26-2013, 08:22 PM	#27
Chewie4299 Spaceman Join Date: Jun 2012 Drives: 2013 Firestorm Scion FR-S Location: Wallingford, CT Posts: 1,581 Thanks: 854 Thanked 860 Times in 468 Posts Mentioned: 26 Post(s) Tagged: 0 Thread(s)	http://www.guardian.co.uk/world/2013...otings-germany __________________ 2013 Firestorm Scion FR-S - Car Journal

06-24-2013, 01:32 PM	#16
Ryuu0u (=^･ｪ･^=) Join Date: Apr 2010 Drives: 2013 FRS, '08 GSXR 600 Location: Spring, TX Posts: 692 Thanks: 28 Thanked 254 Times in 108 Posts Mentioned: 3 Post(s) Tagged: 0 Thread(s)	Good on you OP to get his plates and make sure you got the ef out of there. A quick snap shot with your phone could have landed him in jail but of course it's one of those "in the moment" things where that would be the last thing on your mind. Secondly I don't think having CCW in the car is needed as the car is covered under the castle doctrine or something like that. May vary where you live though. Good thing no one got hurt though. I probably would have got behind or ahead of him as far away as I can because dealing with people like that isn't worth it.

06-25-2013, 10:11 PM	#23
White64Goat Senior Member Join Date: Jun 2012 Drives: 13 BRZ CBS LTD MT, 02 WRX Location: Fred. Co. Md. Posts: 2,351 Thanks: 65 Thanked 1,113 Times in 628 Posts Mentioned: 19 Post(s) Tagged: 1 Thread(s)	I believe that's whats called 'Brandishing a Firearm' and it's against the law regardless if you have a permit or not.

06-25-2013, 11:47 PM	#25
ihaskrayon The Comedian Join Date: Jun 2012 Drives: SWP BRZ Limited Location: Irvine Posts: 969 Thanks: 94 Thanked 642 Times in 266 Posts Mentioned: 12 Post(s) Tagged: 0 Thread(s)

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