Fredericksburg man convicted of brandishing

[FreedomVA]

Eye95, I don't get your why you missed the whole point to this case, just like TFred said, the current law is unConstitution and it was designed to be used against us, turn us gun owners into criminal and it has been used and abused my the dildocrats.

My State over the years have gone Red to Purple (wtf is purple, i don't see Barney in my State) i would like to help keeping it going blue.

I don't know you, but from what i gather, you own a gun store?, If that's being the case, i think you might be a little bias from all the junk talk from the local LEO coming into your store?

 

[TFred]

any updates on this case? are we still taking it to the highest court in the land?

On Monday, the trial date for the Circuit court was set. It will be June 20, 2019, at 10 AM.

The first trial (in which the defendant was found guilty of brandishing) was in the District court, which is not a court of record. District court trials may be appealed to the Circuit court, for a "trial de novo," which is literally a brand new trial. The results of the first trial are essentially tossed out, and the trial is re-held in the Circuit court, which IS a court of record. This puts the results on the official record, which allows for further appeals.

I'm sure some of our lawyerly types can provide a more succinct explanation, but that's the gist of it.

TFred

 

[FreedomVA]

On Monday, the trial date for the Circuit court was set. It will be June 20, 2019, at 10 AM.

The first trial (in which the defendant was found guilty of brandishing) was in the District court, which is not a court of record. District court trials may be appealed to the Circuit court, for a "trial de novo," which is literally a brand new trial. The results of the first trial are essentially tossed out, and the trial is re-held in the Circuit court, which IS a court of record. This puts the results on the official record, which allows for further appeals.

I'm sure some of our lawyerly types can provide a more succinct explanation, but that's the gist of it.

TFred

Thank you for the update, please update us on the status and GL. Old Dominion

 

[color of law]

Eye95, I don't get your why you missed the whole point to this case, just like TFred said, the current law is unConstitution and it was designed to be used against us, turn us gun owners into criminal and it has been used and abused my the dildocrats.

My State over the years have gone Red to Purple (wtf is purple, i don't see Barney in my State) i would like to help keeping it going blue.

I don't know you, but from what i gather, you own a gun store?, If that's being the case, i think you might be a little bias from all the junk talk from the local LEO coming into your store?

We will get dinged if we say where eye95 works, but he does not own a gun store, he works at one. Think PX.

 

[color of law]

On Monday, the trial date for the Circuit court was set. It will be June 20, 2019, at 10 AM.

The first trial (in which the defendant was found guilty of brandishing) was in the District court, which is not a court of record. District court trials may be appealed to the Circuit court, for a "trial de novo," which is literally a brand new trial. The results of the first trial are essentially tossed out, and the trial is re-held in the Circuit court, which IS a court of record. This puts the results on the official record, which allows for further appeals.

I'm sure some of our lawyerly types can provide a more succinct explanation, but that's the gist of it.

TFred

Here in Ohio we have mayor courts. They are not courts of record. Usually small towns and villages have these courts. They can only hear non jailable offenses. We in the know use these courts as practice runs. You learn what the prosecutor's case and chief will be if you loose and you appeal it to a court of record.

 

[mobeewan]

I hadn't seen anything on the 2 brandishing cases lately, so I checked the court and the 2 cases are listed as "Nolle Prosequi" as of June 10, 10 days before the trial was to start. The federal complaint for declaratory judgment suit to strike down Virginia's brandishing statute looks to be proceeding with Mr Wolff and 15 additional plaintiffs signed on.

 

[TFred]

I hadn't seen anything on the 2 brandishing cases lately, so I checked the court and the 2 cases are listed as "Nolle Prosequi" as of June 10, 10 days before the trial was to start. The federal complaint for declaratory judgment suit to strike down Virginia's brandishing statute looks to be proceeding with Mr Wolff and 15 additional plaintiffs signed on.

I forgot about this thread. Indeed the local case was dismissed when the Commonwealth's Attorney declined to continue with her prosecution. Mr. Wolff's original conviction is wiped clean.

I don't have any additional info on the federal complaint.

TFred

 

[FreedomVA]

Thanks for the update, good to know my $20 made a difference.

 

[TFred]

The federal complaint for declaratory judgment suit to strike down Virginia's brandishing statute looks to be proceeding with Mr Wolff and 15 additional plaintiffs signed on.

Is there an on-line resource where we can track this?

TFred

 

[mobeewan]

Is there an on-line resource where we can track this?

TFred

This might help:

Wolff v. Commonwealth et al (1:19-cv-00432), Virginia Eastern District Court

Wolff v. Commonwealth et al (1:19-cv-00432), Virginia Eastern District Court, Filed: 04/11/2019

www.pacermonitor.com

Wolff v. Commonwealth et al

Constitutional - State Statute case filed on April 11, 2019 in the Virginia Eastern District Court

dockets.justia.com

 

[mobeewan]

I forgot about this thread. Indeed the local case was dismissed when the Commonwealth's Attorney declined to continue with her prosecution. Mr. Wolff's original conviction is wiped clean.

I don't have any additional info on the federal complaint.

TFred

Although the original cases have been wiped clean, Mr. Wolff is now the victim of the dreaded Nolle Prosequi on the current two cases. Although innocent he still has the possibility of charges being persued in the future, because the 2 cases have not been expunged. Nolle Prosequi only means that they are not going to prosecute at this time. If he were to get arrested again for any other charge they can still bring back the brandishing charges for more leverage against him.

The only recourse he has now is the federal lawsuit overturning Virginia's brandishing statute. Only then would he be able to get the brandishing charges expunged.

 

[FreedomVA]

Although the original cases have been wiped clean, Mr. Wolff is now the victim of the dreaded Nolle Prosequi on the current two cases. Although innocent he still has the possibility of charges being persued in the future, because the 2 cases have not been expunged. Nolle Prosequi only means that they are not going to prosecute at this time. If he were to get arrested again for any other charge they can still bring back the brandishing charges for more leverage against him.

The only recourse he has now is the federal lawsuit overturning Virginia's brandishing statute. Only then would he be able to get the brandishing charges expunged.

you sure?

§ 19.2-392.2. Expungement of police and court records.
A. If a person is charged with the commission of a crime or any offense defined in Title 18.2, and
1. Is acquitted, or
2. A nolle prosequi is taken or the charge is otherwise dismissed, including dismissal by accord and satisfaction pursuant to § 19.2-151, he may file a petition setting forth the relevant facts and requesting expungement of the police records and the court records relating to the charge.

 

[solus]

you sure?

§ 19.2-392.2. Expungement of police and court records.
A. If a person is charged with the commission of a crime or any offense defined in Title 18.2, and
1. Is acquitted, or
2. A nolle prosequi is taken or the charge is otherwise dismissed, including dismissal by accord and satisfaction pursuant to § 19.2-151, he may file a petition setting forth the relevant facts and requesting expungement of the police records and the court records relating to the charge.

The onus is on the individual and their legal representative(s) equates to anguish and $$$$

 

[Maverick9]

Isn't there a forum rule about ridiculing and disparaging other members in off-topic posts. Shame on you two.

 

[solus]

Isn't there a forum rule about ridiculing and disparaging other members in off-topic posts. Shame on you two.

Sorry Mavrick9, mobeewan stated only a federal lawsuit could expunge the branishment charges!

While freedomva post stated & cited a statute where the individual may “petition” for expungement of charges!

Alas my post’s intent was only to point out that either avenue, federal lawsuit or petition the courts is going to cost $$$$ and anguish to pursue either avenue to rid themself of the judicial injustice.

So this member is curious how on earth you reached the conclusion anybody was ridiculing or disparaging mobeewan in any form?

That stated, the august member eye95 “might” have experienced negative commentary from membership for his forum rhetoric he consistently posted!

 

[user]

I've been bitching and moaning about that brandishing statute and especially the subtle art of judicial "interpretation" that has turned it into a "per-se" offense to carry a gun visibly. No one has taken my complaints seriously, and neither my elected officials (representing conservative, Republican Fauquier Co.) nor the VCDL has been willing to take any action at all on it. And, mark my words, once the fascists are in complete control, everyone who carries a gun in public will meet up with some bozo who's willing to parrot the words, "I felt fear.", and be looking at up to a year in jail. And, in my opinion, leaders like Adam Ebbin and Scott Surovell are dangerous fascists.

 

[OC for ME]

I was under the impression (mistaken?) that VCDL was on top of things in VA...or, is VCDL now nothing but a hand puppet?...a mere caricature of their former selves.

 

[color of law]

The pro gun community doesn't have a rich uncle like Bloomberg and Soros. NRA and those other gun organizations are not rich uncles. They don't support or fund grass root groups. When have you ever seen, on a regular basis, coalitions of gun owners wearing matching Tutus storming statehouses? Whenever have you seen a thousand + rallying in DC bearing arms? You never will.

There are enough retired gun owners to swamp statehouses on a regular basis, but you have to have the money and organization putting it together. Gun owners refuse to do it.

 

[OC for ME]

...or, perhaps...

- apathy -

"I can CC/hunt/plink and that is all I need...no need for me to get all up in somebody's face and argue for more of what I don't use nor need."

"Besides, I gots me a 870 loaded with bird shot next to the bed...me and mine family is safe enough."

Then there is the ever present "LEO interaction" that the vast majority of folks desire to avoid no matter the cost to our individual liberties.

ETA: speelling corrections...

 

[color of law]

...or, perhaps...

- apathy -

"I can CC/hunt/plink and that is all I need...no need for me to get all up in somebody's face and argue for more of what I don't use nor need."

"Besides, I gots me a 870 loaded with bird shot next to the bed...me and mine family is safe enough."

Then there is the ever present "LEO interaction" that the vast majority of folks desire to avoid no matter the cost to our individual liberties.

ETA: speelling corrections...

"speelling corrections..." aside, you are correct, hence 3 percenters.