Question about obtaining a permit with previous arrest.

Discussion in 'General GWL Questions' started by janderson273, Jan 24, 2011.

  1. janderson273

    janderson273 New Member

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    Before I start this post, I ask that no one pass judgment on me. I have never committed a crime, nor have I ever had the inclination to do such a thing. I am, and always have been a law abiding citizen. If you come here and have the idea to post hateful things, or pass judgment on me, then I suggest you go elsewhere to post. Thank you.

    Back at the start of 2005, I was seeing a woman that I worked with. This woman has children, and the children and I got along great. The woman and I had been seeing each other for a few month, and one day, while on the phone with someone, asked me if I wanted to "move in and pay half the bills". I was unsure, but told her I would consider it. A couple of hours later, we went to work.

    Late that night, the woman got a phone call, with someone telling her one of her children "said something". We went to her home that night, where I stayed. I went home the next day to handle some personal business, and while I was away, the woman called me and told me what the child allegedly said. I am sure, being intelligent people, you can see where this is all going. After all of this, I cut all ties with this woman.

    Months after this, the inept police department contacted me and the shorty story is that I was arrested on three felony counts from this. All three counts were some of the worst crimes one can be arrested for, and I do not wish to go too in-depth with it. Again, I am sure most of you can figure out what the charges were. To say I was devastated would be an understatement, but luckily I have a great support system in my family and currently girlfriend.

    I know this has turned out to be a rather long story, but I will truncate this.

    After my arrest, I heard nothing from the local government and I have never, ever been indicted, much the less convicted. The DA never even took my case to a Grand Jury. I mean, why the hell not? These are serious crimes and the only thing that upsets me more than being accessed of harming a child is the fact that the DA does not seem interested in bringing these cases into court.

    According to information obtained from the DA's office, the statue of limitations has run out(I do not believe it has) and that they are have dismissed the case. This was back in 2006 or 2007. I am not sure if they have dead docketed it, or if the charges have really been dismissed. With the horrible way this case was handled, I would not be surprised of anything at this point.

    My question is whether or not I could even obtain a license to carry a firearm? My attorneys, who have not given me any real assistance, despite being payed a heft sum of money. Their approach is for me to bury my head in the sand. The problem is: I cannot do this.

    I did not do this and I do not deserve to be treated as if I have. In my opinion, the woman's family did not want me to move in, so their response was to scare her out of being around me, instead of handling this in an appropriate way. Being accused of harming a child less than 12 hours after being asked to move in has the same odds at winning a $300 million lottery...twice. Anyways, this is not the place to argue about this.

    I just want to know what I need to do about getting cleared to obtain my GWL. Should I trust the DA's office?

    I did apply for my license already. I did this about three weeks ago, but I have yet to hear anything back. I answered on the application that I had no pending cases against me, since the printed information I have said the statue ran and the DA's office would not pursue the case. Have I just donated $75 to the county and State of Georgia, or will my license application be held, pending the adjudication of this case?

    I know many of you are probably not lawyers, but I just need some free advice. I know that a few of you might form opinions about me(thought I hope you do not), in respect to the information I have given you. Just know that, everyone that knows me know that I did not do any of this.

    Thanks.
     
  2. Nullifier

    Nullifier Active Member

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    For what it's worth, I believe you. THe only thing worse than a crime of this nature is being falsely accused of a crime of this nature. Either way, guilty or innocent, someone's life is going to be ruined.

    The reason I believe you is because if the DA had reasonable belief that this crime actually occurred and you were the perpetrator, and if they had any evidence whatsoever against you, they would have proceeded with the case. You would have been convicted and that would be the end of it.

    In any case, I am not a lawyer so what I believe doesn't matter one bit. You have applied for your GWL and you will find out soon whether you get it or not. If you do, then relax. If you are denied, your $75 was not wasted because at least now you will know the case is still pending. And it would have cost you more than $75 to pay a lawyer to find out for you.
     

  3. janderson273

    janderson273 New Member

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    Thank you, Nullifier. My life has literally just been on hold for almost six years. Just waiting and never hearing anything.

    I have this gut feeling that I am going to be out $75, on top of the $25,000 I paid to my lawyer(who hired a local lawyer to assist). Of course, my attorney's are about a useless as your average attorney(always double-talking and the like).

    To be honest with you, it would be nice if this pushed the DA into doing something with my case. I have a feeling that even though the DA's office is saying they will not do anything with the case, I would not be surprised if they change their minds yet again. They could be right and the statue could have run, but I believe they are incorrect.

    Either way, I will just have to wait and see.
     
  4. budder

    budder Moderator Staff Member

    Good luck. I hope you are able to get your GWL and move on from this unfortunate incident. Once you have this resolved, would you mind letting us know what county you're in?
     
  5. phantoms

    phantoms Senior Mumbler

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    If there is a problem with your application, the most likely outcome is the Probate Judge will request a meeting with you to discuss the problem. Doesn't mean they'll approve it once you explain your side, but there's nothing to do but wait and see if you are approved or get a request for a meeting. You'd do well not to supply any of this information to anyone in the GWL process unless they bring it up.
     
  6. janderson273

    janderson273 New Member

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    Well, the lady who assisted me with applying for my permit stated that I needed to check back in two weeks(which is sometime next week) for my permit. I will go ahead and say that I live and applied in Floyd County. Beyond that, I am not going to go into who I am.

    I do feel that I need to apologize to everyone here. I hope that you will all understand and not be angry with me, but this is my secondary account on this forum. To say that the accusation against me in highly disgusting and embarrassing would be a severe understatement. Every time I talk about it, or think about it, I get severely depressed and upset. I can handle those emotions, but it can feel a little overbearing at times.

    I will understand if this outrages, pisses off, upsets, irritated, enrages, or outright angers those on these forums, but I feel that I must protect myself. I would not have even discussed the issue, except that I wanted to be prepared for whatever is to come. The only thing I want more than a GFL, or GWL, or whatever, is a resolution to that old case against me.

    The law pertaining to firearms have needed fixing for a long time, but it is the legal process, as a whole, that is in real need of fixing. That the State can hold charges over a person indefinitely, without bringing them to a grand jury, or trial in general, is an outright travesty.

    I hope everyone can forgive me for hiding my identity.
     
  7. cherok

    cherok New Member

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    don't worry your head over what us "internet types" might think :) hopefully you get your GWL w/ out any issues and if you don't... well at least you know what's going on.

    good luck!
     
  8. CountryGun

    CountryGun New Member

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    "janderson273", you don't owe us anything, but an announcement when your liberated from this mess, and you're carrying with a GWL, might be nice. We like to raise :cheers: amongst friends.

    If, for any reason, you're not giving us the full "skinny", all bets are off. :lol:

    Stay involved with democracy! It pays! Many bad laws have been changed because of GeorgiaCarry.org. It's been no small effort from hundreds of volunteers who care about the rights of citizens.

    Visit GeorgiaCarry.org and consider joining. The voice of GCO is strong in the legislature, but is only as good as the member representation they have. I can assure you that you will have spent the best $15 you can spend to preserve your rights, and that nobody will pester you for a dollar more.
     
  9. mountainman444

    mountainman444 Active Member

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    Ha. I'm not shocked. I know a man going through this same crap right now. Not enough evidence to indict much less take to trial and hope for a conviction. His life has been ruined and his reputation dragged through the mud just to make it simple for his wife to take everything in the divorce. It's a cruel thing to ruin a man's life like that. I know this doesn't help but at least you're not the only one this has happened to.

    Good luck on your license. Keep your head up.
     
  10. dcannon1

    dcannon1 New Member

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    My uncle went through the exact same thing with a woman he was dating. Even after the child realized what a big deal everything was, and told everyone (including law enforcement) that they had made up the story it didn't matter. He doesn't have the means to hire an attorney to try and get the conviction reversed or expunged, so now he has to live with it.

    I understand these charges have to be treated very seriously, and I have no respect or sympathy for people that do commit those crimes. However it does seem very easy to be wrongfully accused by a child who probably doesn't realize the implications of what they're saying.
     
  11. janderson273

    janderson273 New Member

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    I just called the Probate Court and I was told that my license is ready to be picked up. I cannot believe it. I did not even have to talk to a judge.

    I cannot tell you all about incredibly happy I am right now. To me, this was more of a test than anything. I almost feel lightheaded.

    I believe I will join GCO asap.

    dcannon1: I can tell you that, during my time in law enforcement, I heard many stories of people concocting those types of allegations to get someone a person either disliked, or just did not know, out of certain circles. The problem is that law enforcement does not commit to more arrest of people that falsely report a crime.

    Like you, I have a severe detesting of people that harm children, in anyway. For that matter, I detest most criminals(those that commit crimes against another), and thieves. I also detest liars, especially those that falsely access another of something they did not do.

    mountainman444: I know that feeling. Not only was there not enough evidence, there was NO evidence. The "detective" that "investigated" the "case" against me only took three statements and filed an arrest warrant against me. I was embarrassed in from of those that I once called colleagues. I even told the "detective" that I would turn myself in, if he had the balls to swear out a warrant against me(which, I did piss him off, but I will always protect my rights over helping someone screw me).

    I will let off with one final bit of information, as a warning to those that might live in the area around me. This all occurred in Polk County and was "investigated" by the Polk County Police Department. That department is one of the most reviled departments in the region for being extremely horrid at law enforcement. During the time of the allegations against me, many, from the Chief of Police(not the current one, obviously), down to the lowliest officer were engaging in criminal activity.

    If you ever find that department investigating you, call a lawyer immediately.

    Anyways...I am SO happy.
     
  12. CountryGun

    CountryGun New Member

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  13. SYN ACK

    SYN ACK New Member

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    Congratulations!
     
  14. budder

    budder Moderator Staff Member

    While I think this is a good thing to do in general, GCO did not do anything to help you get that license: the judge did. If you think the judge did right by your situation and want to show your thanks for this specific issue, then vote for the judge next time you can.

    However, now that you have the license, joining GCO is definitely a good idea, since they (we) are working to make that license more useful to you.
     
  15. Gunstar1

    Gunstar1 Administrator

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    Well I was about to post that the probate judge in Floyd county is a good guy and treats permit holders fairly. Now I don't have to tell you since you already know.
     
  16. JMan

    JMan New Member

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    From what I read and what I think was the charge there is NOT a Statue on a sex crime. Example: some kids was harmed while being a kid and lived with this until adult and now they can stand up for them self and after 20 years turn it over to the DA and that person can be charged with that crime.

    I hope you are telling the truth , nothing gets me more then someone hurting a child .
     
  17. janderson273

    janderson273 New Member

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    I had made the comment about joining GCO, since most people make the comment that [insert person] should join. I just believe it is good to support the groups that are willing to stand up for our rights. I also thank you guys for the supportive and informative comments, both on the post and through these forums.

    @Tech5: I do not expect you to believe me. As a matter of fact, I totally respect your position on the matter. Rest assured, everyone that knows me, including friends that I have had for many years, and people that have gotten to know me for more than five minutes all know that I would not, nor could not have committed that horrible and disgusting crime. I believe most objective people can agree that, if a person is asked to move in with someone, then accused of being a child molester less than 12 hours later is more than a little suspicious.

    I did lose something out of all of this, but perhaps I will get it back, some day soon. In the end, I am content knowing that my family and my girlfriend, of almost six years(God bless her), all know that I did not do it. Everyone else is just a great addition.

    I just wish that law enforcement had done its job and actually investigated the case. Had they had done so, this would have gone nowhere. In the end, it is what it is, and I will just have to work hard to get my life back on track. Do not take this as me throwing hate on law enforcement; I am an ex-law enforcement officer and I respect the job. I just dislike it when officers willfully or negligently fail in their job.

    @Gunstar1: Yeah, I was really surprised that Judge Burkhalter did not want to talk to me. There will be no complaint on my end, though. I am still grinning like a total idiot, but I just cannot help myself. :D
     
  18. CountryGun

    CountryGun New Member

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    We all saw recently, in the news, that a Georgia man was awarded $404,000. for the acts of of woman he never knew. She'd more than defamed him online, and she'd never met him!
    Why is it so hard for some to presume innocent, until proven guilty?
     
  19. kkennett

    kkennett New Member

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    I am glad to see that this turned out so well.

    We have, in recent years, been seeing a much fairer and more responsive process from probate judges. The vast majority are really doing well these days. I'd like think that the years of GCO work with the Probate Judges' Council, and individual judges, has had some to do with the improvements here in GA. Anybody remember when bringing up the 60 day requirement got you laughed at by your judge's office? I do. It was not that long ago.
     
  20. JMan

    JMan New Member

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    I am glad and hope your family well in the future but don't use that about to move in and with in 12 hours had this happen. Time don't mean anything you could have done this 5 mins when you knew you was going to move in. So don't use that as a excuse to make yourself look innocent because it makes you look more guilty by saying you couldn't have done it.
    But I am glad you got your GWL and don't hold your breath as there is NOT a statue on any sex crimes . You could have a knock on the door 15 years down the road . But again I am glad for you and glad to have you as a member look forward seeing your post more often .Allow this be a lesson learn about what shady woman can do to us men . Matter fact everyone reading this show always remember this can happen to you.