GUILTY UNTIL PROVEN INNOCENT

Regarding Alabama:

Alabama is a limited "open carry" state. This stems from a 1984 State Attorney General's ruling. Basically paraphrased it states as long as the person carrying the weapon is on FOOT, no ccwp is need. Additionally, as long as the person is on/in thier own property (meaning real estate), business, or home open carry is also legal.

However, once a person enters a vehicle then a ccwp is required.

_________________
River City Associates
Decatur, Al. 35601

Different states have different laws, and no matter the law, LEO's want to interpret them as to their personal feelings and biases. They get kudos for making arrests, even if the arrests are later proven wrong. I have seen this happen numerous times. So much for the alleged "innocent until proven guilty," my experience is that our court system considers everyone guilty until proven innocent. Everyone from the judge down to the defendant's attorney expects and suggests that the defendant to take a plea of some lesser charge by using threats and scare-tactics to get them to do so.

I have found that those who don't plead and continue to protest their innocence may sit in jail (lacking the funds or collateral) but seem to win when their trial is imminent. Since my only concern is that the defendant appear in court, I don't write what I think will be a bad bond. Some of the defendants I rejected were eventually exonerated after sitting in jail until they went to trial, but I still doubt that they would have appeared in court had bail been posted.

I don't want to be a "test" case, but I will protect myself, and fight for my right to do so. Different state, different laws. No matter what our profession, we have to follow our state laws whether we agree with them or not.

_________________
Kathy Blackshear
Blackshear Investigations
Blackshear Bail Bonds
Sales Associate, Prepaid Legal Services, Inc.
Walsenburg, CO

Proud Member of the AB Reject Club

Georgia's law WAS that you could carry only if you had a permit and only in places that were not a place of public gathering......that changed a few months ago. Now, you can open carry almost anywhere without a permit. The lawful exemptions are hospitals, the Airport (which is being challenged), and Government Buildings. The permit allows that you may carry concealed in those same areas. So our weapons permit has become a "right to carry concealed" permit AND allows carrying other weapons such as OC Spray, Taser/Stun Gun, knife, ect.

_________________
********************
Thomas SnoWolf
FRN# 1999
GAPB 20120726
NSIS ST0707
http://www.rocksolidrg.com
"The hero is not the man that acts without fear,
He is the man that acts inspite of fear"

If this happened in Virginia, the law states:

A weapon shall be deemed to be hidden from common observation when it is observable but is of such deceptive appearance as to disguise the weapon's true nature.

Based on the statute and decisions rendered by the Supreme Court, a weapon is considered to be concealed at any time it is placed in a location as to be within reach of the person, without the person being required to make an overt act to retrieve such weapon, when such weapon is hidden from common observation. Placing a weapon under the seat, on the seat hidden from common observation, or at any location from which the weapon can readily be retrieved is considered to be concealed. A person carrying a weapon in the unlocked glove compartment of an automobile, if the person does not have a permit or otherwise fall within any statutory exemption, is a violation of § 18.2-308(A), unless some particular fact or circumstance renders the weapon inaccessible.

Therefore, if the weapon was in "common view" (observation) it was a violation of the law.

However, I still strongly believe that the deputy failed to do a proper investigation of the situation, in that the agressive driver would not have seen the weapon if he had stayed in his vehicle and not created the incident to begin with. As Bill has stated in a recent post, INFORMATION is of the utmost importance.

Technically as long as the weapon was not in anyones "common observation", and most people do not look at the front passenger seat of a vehicle even when they are walking, nor can you generally see it in a car (maybe some trucks) it may have been considered ok if the deputy realized that the weapon did not come into view until the aggressive driver made it that way.

_________________
Heritage and Profession Together

J.G. Marshall
MARSHALL FUGITIVE SERVICE
Lic. # 2008-392
Moderator


Its the Irish in my mind that keeps me sane,
and the Irish in my heart that keeps me strong.

Well, here's what happened...

After about 45 days... and after his attorney was involved at a nominal fee... the first court date came and the plaintiff did not show up... case continued... not dismissed as you might think... continued for another 60 days.... (I'll get to the deputy later)

second court date... attorney additional fee for more info required... plaintiff did not show... surprise, surprise... not only did he not show... but the bondsman found out the week before the court date... that the plaintiff was in fact... you guessed it... in jail and had called his office for a bond!!!!!!!!!!!!!! needless to say, he did not bond him and in fact called every other bondsman within 100 miles and told them the situation... and guess who is still in jail on an "A@B on a family member" charge.... yep...

well, when the judge and CA found out this little tidbit of info.... the judge looked over his glasses... as they always do.... and said... " Mr. -----------, I don't think this needs to go any further, do you?" and my friend just looked at the judge and immediately replied... "No, your Honor, no further."... case dismissed.

... and as an addition... the deputy that had made the arrest on the bondsman... was not in court on the second date.... the first date, the judge and the CA were looking for the guy that called the deputy and not being there, the deputy was only ask if the bondsman had cooperated properly, and he answered yes.. in fact, I heard later that the deputy had been called into the sheriffs office and talked to a bit.... I tried to find out a little more but all I know is that the charges were dismissed and the deputy had acted within the law but had been a little "over the top" in his application of the law........ In defense of the cop.... I know him and he is ok in my book... he is young and maybe that played a part... he did not know the bondsman he arrested however and until he found out who the bondsman was... he said he acted in accordance with the law... he said all he knew at the time was the car he was stopping was reported to have an armed driver and he acted in that light... given that fact, he was probably doing what he thought was proper.... and in his defense... had I been stopping an unknown driver that was reported to be armed... I'd have done the same... in fact... I probably would have called for backup.

Two sides to all stories... I have tried to give you both... as the judge said in the movie "Crimson Tide"... "in this instance you are both right... and you are both wrong"

_________________
Bill Marx, Sr.
"FREE STATE BAIL BONDS"
"FREE STATE INVESTIGATIONS"
DCJS: 99-176979
Cell: 434-294-0222

"Endeavor to Persevere" "Lone Watie"

"Good judgment comes from experience, and a lot of that , comes from bad judgment" "Will Rogers"

I do believe the officer should have been more thorough on his investigation, but the whole thing could have been avoided. When I do carry, my gun is either on me, or locked in a safe in my vehicle. A gun on your seat doesn't help you if someone comes up from behind and pulls you out of your car. Also, leaving your gun on your seat to be seen is just letting the wrong people know where they can pick up a gun if they want to break into your car. I also have not seen a jail yet that lets you walk in and carry your gun. It gets checked into a locker. What did he plan to do with it? Pick it up and carry it in with him or leave it on the seat? I am a former deputy and have heard alot of people blowing things way out of proportion. I think his approach of the car was right, but after talking to the bondsman and using common sense, he should have put two and two together without coming up with 22!

The other side to this coin is that there are Leo's out here who just simply do not agree with our industry, for whatever reason. So they use any and every opportunity they see to harass us.

_________________
River City Associates
Decatur, Al. 35601

As this economy continues down it's current path, Bail Bondsmen and women are even more of a target for strong armed robbery. I have walked cash out of the back door of a bondsman's office because he thought that he was going to be robbed by the same people that just posted a bond with him to get their money back. I have been called to drive around the building to make sure there was nobody laying in wait for a bondsman to close up at night.

I know of many bondsman that are licensed to carry concealed and have not carried for a long time due to the hassle of it, but are carrying again. I remind tem all of the time to get to the range to reacquaint themselves with their sidearm.

Just some ramblings from an old guy...

Scott

_________________
R.E. "Scott" MacLean III

"Leaders are like Eagles, you never see them in a flock, but one at a time"

Chesapeake Group Investigations, Inc.
Chesapeake Bail Bonds
877-574-0500
301-392-1100 (fax)
301-392-1900 (Office)

It's true..I always take mine...no matter how much the bond...
I was busy last night, and I had it. I always let the boys know, because it needs to be locked up before you
go into booking...safety issue...even if I go out with with the girls or to the store and my boyfriend isn't with me, I carry...
You can't be too careful these days.

_________________
Kate
650.863.8470

" Yeah, I see ya, you ding dong..."