RPO / Red Flag in Floria

On August 8th I was arrested for Battery on a person 65 years of age or older, Domestic Violence. The charge was Nolle Prossed. Today I am heading to court with a new attorney to hopefully have my RPO rescinded. I feel confident that I will have my rights restored. However I have reached out to several attorneys for help with a civil rights Lawsuit. They all seem miraculously have a conflict of interest, and the legal aid folks said they cannot sue government entities. Depending on how today goes. I will be posting more details of the events that transpired 8/8/2024. For now wish me luck.

8 Likes

Good luck G-d bless.

2 Likes

Am I reading this right ? You beat up an old guy. They decided for “some reason” not to prosecute for this right now but have it over your head (Nolle)… The reason is ? A. You are connected in the community someones kid. B You implicated someone else for a greater crime for leniency . C lack of evidence. ( If this was the case you would not be in this predicament)
Law enforcement still demeans you as a threat to everyone else thus the RPO.

Yes, legal aid organizations can sue government entities. While the principle of sovereign immunity generally protects governments from lawsuits, exceptions and waivers exist, allowing legal aid to represent clients who have been harmed by government actions.

Lawyers might decline a case due to various factors, including the strength of the evidence, the complexity of the case, the client’s expectations, or the lawyer’s own expertise and resources. Factors such as a lack of expertise, financial risk, or even the client’s personality can also contribute to a lawyer’s decision to decline a case.
Me personally, there is a fair amount to unpack here that is unclear.

2 Likes

Either that or he is being falsely accused because he owns or carries a gun.

Are those questions or are you drawing conclusions without clear and concise evidence meeting the basic standards pointing to the elements of the crime. Only reason I have an attorney is due to my USCCA membership and the fact I acted in self defense. But you can think what you like and make all the assumptions you want. You know what they say about assumptions and opinions. Sir I have facts they don’t give a flip about your uniformed assumption. And I will be devoting a lot of the rest of my life fighting RPO to help people unjustly caught up in these trap shows. This puts our community in the cross hairs especially when one of the alleged agency is considered a poster child for law enforcement

4 Likes

p.s

Your attempt to be witty and intelligent has failed. Good day

2 Likes

And regarding legal aid telling me they can’t sue government entities because they receive funding from the government. Call around legal aid in Florida if you find a different answer or know an attorney I’ll consider hiring them. At this point I prefer to have a fool for a client

3 Likes

Lessons for us all from your humble story.

To the group, friendly reminder - we do not know all the facts. Aaron132 could himself have been in danger.

Although I’m interested, and myself “have Q’s”, to help protect the clients, I wonder if instead - not writing about it (is best) on his forum until it’s 100% case closed, so that this “discoverable” information posted is not used against you.

In general, I had heard that after criminal court proceedings are completed, there may be civil law suits which can follow.

But, IDK.

5 Likes

Having recently sat on a jury, I can tell you people believe if someone is on trial, he must have done something wrong, if the accused wont testify, it makes them suspect, police is more trustworthy on the stand than an average Joe… I hope us here can be more literate in basics of US Legal System than what I saw.

5 Likes

In my parts the cops relax if you carry they know you are law abiding to do so… Just follow procedures and you have no troubles.

2 Likes

If you read my summation . I think it clearly states you did not provide enough context.. leaves a lot to consider …
You stated

You did not state. I was wrongly accused… which could be seen as a concession of guilt … Not knowing you. I can only base things by the words you write. Even then, I did not accuse you of any wrongdoing. Just that law enforcement viewed you as a risk. After that I pointed out more legal stuff.

3 Likes

There is no where near enough info to make a opinion of innocent or guilt. If you can’t share all the info you shouldn’t share anything mpo I personally would never have posted something like this but again that’s just my opinion.

3 Likes

@Aaron132 Sorry for this encounter, and hopefully things get resolved to your favor. Good luck and keep us informed once everything is settled, as cases like this is educational and informative for pro 2A citizens that may at some point face some infraction of loosing some Rights.

2 Likes

Florida law does allow legal Aid to sue a Police Dept if they believe someone’s civil rights have been violated but there is considerations they need to take into account such as qualified immunity for officers and government immunity. This is why legal aid tries to stay away from these cases unless they are sure to much to lose

2 Likes

I wish I could say that my story is over but, it is not. To summarize, The charge was nolle prosequi. How ever my experience with my membership supplied attorney was a less than desirable experience. So much so that I have filed a legal malpractice lawsuit. I was pleased to find out that my membership afforded me benefits due to my self defense claim. I have even asked De;ta fpr the right of subrogation to pursue a claim for the benefits he was paid to represent me in the criminal matter and the RPO. But they seem perfectly fine with allowing this man to keep the $50k that can and will be recovered. The fact that they have removed him from the rodter of attorneys is comforting but knowing that if he had actually gone to court to represent me in the criminal matter I would likely be doing 15 years. Delta Defenses position of being ok with this man stealing a members benefits after failing to represent my interest in court. I think we deserve a membership where the underwriter is ok allowing him to not only take the money and run but also tell me I had limited benefits left for new representation. I am disappointed to say the least. But I have a federal lawsuit vs the local sheriff’s office, No probable cause existed. Excessive force, Unlawful use of deadly force, unlawful search and seizure Not to mention the treatment in the jail. Unlawful Bake Act, abuse of the Temporary RPO, Duration of the RPO was longer than one year Florida complaints are being prepped for the Judge, the assistant state attorney and my attorney on that last one. The RPO has expired. I do not have an attorney so I will be doing this pro se. I’ll keep ya posted

3 Likes

I do not have to state anything any where when I have an open case. And even if I say nothing and do not speak in my defense we are all innocent until PROVEN guilty..

1 Like

The defendants silence should never be held against him. That’s why we have the 5th amendment. only thing that matters when you are on a jury. Did the prosecution prove they did it beyond a reasonable doubt. Silence is not supposed to be weighed. That is also how innocent people end up in prison. That knee jerk reaction to defend oneself will get you into trouble almost EVERYTIME.

1 Like

the criminal case and the RPO are over. I am not sure if I will answer questions until my 42 USC 1983 case is complete. Suffice it to say I acted in self defense. my response was measured because I did not want to injure them. But i did not want to be hit again.There was no evidence that amounted to probable cause. No witnesses no physical evidence. I was in my home in my livingroom and was held at gunpoint by a deputy that doesn’t quite understand how exigent circumstance works. A calm compliant man sitting in his home with his firearm attached to the wheelchair does not qualify him in any way to hold me at gunpoint. Cross the threshold of my home and seize my firearm. This isn’t over and they are far from hearing the last from me.

2 Likes

I am going to be calling all the attorneys in my county. and I am going to log it on a spreadsheet. you would be amazed how many of them have a “conflict of interest”

1 Like

UPDATE: I have filed a legal Malpractice suit. Tomorrow I have the first hearing which is on their motion to dismiss. It’s at 1:45 PM eastern. I am confident the judge will not dismiss it. they thought their 13 Page motion to dismiss would intimidate me I guess. I only have four points to make in the hearing. Since the hearing is online I should be able to get a copy of the hearing under public records request. If I do I will post it.

I want to make sure that no one else who needs their membership to defend them experiences what I did. This lawyer is no longer listed here. But if you are going to defend someone. DEFEND them. I’ll let y’all know how it goes. Stay safe

3 Likes