I would agreeYou have to admit, this Deputy's behavior is very unusual. I feel that there is some personal motivation.
I agree. It is odd that he looks to underlings for guidance and not those at the top.I'd be interested in the elected constable's stance as well as the actual DA and not an ADA.
<Sigh>...this isn't dramatic? Really?
C'mon student of the law....read what was written. the AG said they dont offer legal interpretation to private individuals. That is the job of private attornies. They would give a DA or a city or county an opinion.Regarding the response from AG-
Makes you wonder what the Hell we pay them for. They won't give an answer and it looks like unless it goes to SC we won't know for sure. There's no way to win. Don't you just love the stranglehold of bureaucracy???
Exactly. Because, according to Texas law, there is no distinction between an AZ resident permit and a non resident permit. The Deputy invented a law (the law Burnam wanted to create last session) because he read an inaccurate blurb on the DPS website and was fueled by his prejudices.The AG just said Texas recognizes the AZ permit....nothing about residency. Again, the DEPUTY Constable is completely incorrect about his interpretation of the law.
But really how much is this going to matter when he or one of his associates, who have been told this interpretation, and an ADA who is willing to accept charges cuffs you and takes you to jail. You may end up beating the charge, and completely clearing yourself but at what cost? How much time would you have sitting under arrest while being processed? Worse you may have to take a plea bargain due to financial limitations. You got a LEO, a DA that believes this to be a crime, is it that hard to think that they might convince a judge or jury it is also??
We don't know that the DA shares the Deputy's ignorance. I find it hard to believe that he does.
The District Attorney of this County have made the determination and will accept criminal charges. According to ADA Jeridith Jones and doubled confirmed by ADA Mike Shirley.
Bithabus,
Hopefully your are correct. However does the DA get all the questions regarding charging someone, or does he allow his ADA's to make some of those decisions? Evenings, weekends, holidays is he on call 100% of the time for every person arrested in his jurisdiction?
According to the email received from them by espy59lc some of them would.
You might beat the rap, you will not beat the ride.....
Trying desperately to avoid the ride (or possibility of such a ride).
I dunno... I'd bet a dollar the TSRA would side with the deputy. I get the feeling they are part of the "If you don't have a TX CHL, then you're wrong!" crowd. More than likely they'll just stay silent on this one.It seems like something that the TSRA or NRA would love to jump all over.
Part of it is cost. IMO, Texas is stupid-high on their CHL's, especially renewals.