Before my wife and I met, her then husband stole her truck and committed Arson setting the truck on fire, my wife then filed an insurance claim. Since they were married she was also charged with theft by deception. Fast forward to 2016, she obtained her EMT, which requires a state background check, so she had believed the whole thing was cleared up, they had been divorced for several years at this point and Her ex was supposed to be paying restitution to the insurance company. He had not been, when she sent in the paperwork for her CCW in the state of Arkansas, this triggered a warrant to be placed for her arrest for non payment of the fines. She was denied her CCW and told she could not be in the possession of a firearm. We feel like this is a violation of her 2nd ammendment rights, being that she did not commit the offense. We have not been able to fight this because it is quite expensive to hire an attorney and we feel that this would be a lengthy litigation. We are paying the fines because she is connected to the case, we are the only ones paying because her ex has a absconded. Does anyone know what we can do?
Welcome to the family! Unfortunately, lawyering up is probably the only way to solve this, and get her rights restored.
Getting a lawyer is going to be the only way to get this done. Sounds like she is going to need one to try and get her conviction expunged off her record, because if the theft by deception charge was for a value of a vehicle, then chances are it is a felony conviction, which will keep her from legally owning a firearm. What I am saying is the reason for the denial might be for more than just non-payment, even if that is what triggered the ordeal.
I understand, I’ve contacted a lawyer and waiting on them to call me back. I guess what I’m asking is, Do ya’ll think we have a chance of getting this overturned? And removing her from the case? I know the probability of getting the $ 10,000 in fines we have paid back is non existent, which sucks, but I just want to get this behind her. It embarrasses her.
There is no worse end, than the end of hope. I certainly believe you all have a fighting chance. I would think, with evidence, that the ruling would be clear for restitution and expunging the charge. Favorite quote, “keep your chin up, so you can see the good things coming your way.”
@James536. Welcome to the community,
I agree keep your chin up
There is hope, but it will cost you. I have a lot of lawyers in the family and they have assisted their friends in cases just like these where they were guilty by association. It will take some smart lawyers to defend her rights and have the charges and case against her expunged or resolved in some reasonable way.
It’s possible to do it yourself…but you’ll still need legal counsel to help guide you and either way it’s gonna cost you. I wish there was something easy I could say to help but that’s why lawyers make money…they know how to get through the legal loopholes and avoid obstacles.
Welcome to the family and god bless you.
I also agree that this can be resolved but will cost some money. My stepson was guilty by association in a burglary charge when he was 17 years old and just got it expunged at age 30. But he didn’t try until late in life to get it expunged. With a good lawyer you have a shot and there is hope. I pray this work out for you. I pray some lawyer takes this case pro bono because you sound like good, God fearing people. Glad you are here with us. Keep us updated.
I do hope you get it resolved, and pray that happens. Sad that we have to spend 1000’s of dollars to prove innocence. I wonder if Mike will give us an attorney’s view?
A lawyer, which should have been obtained originally, should have been able to separate her from her ex’s crimes.
You might need a lawyer now to rectify the situation, to remove her from the case and have the charges dropped against her.
A debt might be held against a spouse, when they had joint accounts, but a crime? A spouse being charged and found guilty for a crime another spouse committed?
Hate to say it, but she was either royally screwed or there is more to the story.
Guilty by association sounds extremely unconstitutional.
If you did not participate in the crime, where not present at the crime, had no knowledge of the crime, there is no association… except if you knew the person or persons who committed the crime, and knowing someone is not a crime… or is it.
Just like this story, she was charged for the actions of another, where she had no knowledge? She either did not obtain a lawyer or had a very bad one who got their law degree and license out of a CrackerJacks Box. (for those who remember when there were ‘prizes’ inside)
I agree 100 percent brother and this situation should not be happening. I believe that after a while that people like this nice lady just don’t want to deal with all the red tape and sometimes decide to just let go and let God.
And that is part of the problem
We have read many cases, including some in the USCCA magazine, where prosecutors offer a ‘deal’, if you plead guilty to a lessor charge, they will let you go home with time served or probation…
But, if you were not guilty in the first place, the fear they put into you to take a deal is only that… fear.
You will be convicted by the ‘plea’, and may lose some of your rights.
Make them prove their case… always fight, never surrender.
I agree 100 percent with you brother @Kevin29.
You forgot to put the “@” sign in front of his name, so @MikeBKY will not see your post - this should help.
Based on what I read, it appears the wife pled guilty to felony arson. If that is the case, then she will need to get the case expunged or its equivalent in order to be able to possess a firearm.
Assuming that is the case, she is a convicted felon and prohibiting persons convicted of felonies and some other crimes is not a violation of a person’s second amendment rights.
I agree with the issue of accepting a plea deal. There is always a balance that needs to be weighed with respect to accepting an offer versus facing a jury. It is usually less expensive to accept the deal and the result is clearly defined. Jury trials are a great thing, but it all depends on the jury.