question for a chp

[804blessedsoul]

i got a friend thats trying to apply for his chp. he bought a gun already and did everything he was suppose to and about 40 days later he recieved a letter saying he has a court date in dec. does anyone know or have a clue of what the worst outcome could be?.. thanks please give me all insight or info of anything ya know..

[ProShooter]

What is the court date for?

[804blessedsoul]

have no idea...instead of him getting a letter saying he got his permit they sent a letter with a court date hearing

[jadedone4]

... if there is a conviction or arrest (even if adjudicated in your favor) there may be an issue; whereby the Court/Clerk will request you to provide additional information. Some state/local juridictions do not allow for expungement of records (for anytype of judicial action); if your buddy was fingerprinted for an adverse situation (something other than military, employment, background, etc) then more than likely this is what "popped-up" and resulted in the second letter on the CHP application. Your buddy has the choice of a Court Date OR to send in whatever additional information that he/she may have that caused the hiccup (recommend that you send in the information - words/text on a page are objective, in-personal, in a Court setting - where most folks don't do well "in front of the class" may not be a good idea). Either way, tell the truth, you are still "under oath" on your application and any supplemental information/documents that you submit.

[804blessedsoul]

he did have a charge..it was destruction of property, but the crazy part it was his own property he destroyed. Other than he broke the back part of a battery cover on a phone. There's really nothing else he can think of.

[jadedone4]

... the charge/issue should have accompanied the letter from the Court. If it did, do what I posted in previous post.

... also instruct buddy (and for anyone else here as well every 5-10yrs or so) do a FOIA with the FBI for your personal records (last I checked it was about $50 to do so). This will show you what is/or isn't on your record in national databases (as reported by Uncle Sam, States, etc). I treat like my credit report - run it, keep it, and file away - just in case.

[GS78]

I am guessing he didn't get "charged" with breaking the battery cover off a phone.....


If, he broke this as a result of a domestic argument ....then he has trouble.

[804blessedsoul]

the charge shows up as destruction of property..the letter said nothing but the date..

[Bewaffnet]

"does anyone know or have a clue of what the worst outcome could be?"

I would recommend you contact the Virginia Citizen's Defense League (www.vcdl.org) and ask them about worst outcomes. These guys are THE premier source for VA gun laws and procedures. They would probably be able to tell you what's up (they might need more info), what can happen and what your buddy could do about it. They'll help out without demanding that you join them, though, all VA gun owners should be members; $25 a year is money well spent.

[ProShooter]

have no idea...instead of him getting a letter saying he got his permit they sent a letter with a court date hearing

The only reason he should be seeing a judge at this point is if the judge himself is handing your friend the permit with a handshake and a hearty congratulations.

One Destruction of Property charge is not enough to turn him down for a permit. There is no court date required and no need to "see the judge". Its either issued or denied and if denied, an Ore Tenus hearing is in order.

I'd tell him to call and ask what the court date is about.

[zephyp]

have no idea...instead of him getting a letter saying he got his permit they sent a letter with a court date hearing

The only reason he should be seeing a judge at this point is if the judge himself is handing your friend the permit with a handshake and a hearty congratulations.

One Destruction of Property charge is not enough to turn him down for a permit. There is no court date required and no need to "see the judge". Its either issued or denied and if denied, an Ore Tenus hearing is in order.

I'd tell him to call and ask what the court date is about.

That is correct. In some cases if the investigating LEO finds an issue you might get a call for clarification. But if the court finds reason not to issue you a permit (property destruction charges cant do that) they will deny the permit and send you a letter. You then have 30 days (I think its 30) to request the ore tenus hearing Proshooter mentioned. If you dont then you lose the opportunity to argue your case. I would have your friend call the court and ask them specifically why there is a hearing, who will be there, and what they are going to discuss. If its less than the 45 days required by law then they may still be in the investigative phase trying to gather all the relevant info. Depending on what county this is, the judge may have already decided to deny and automatically set up the ore tenus hearing.

[BluemontGlock]

+1

Spot on Proshooter/DK...!

[allingeneral]

I would have your friend call the court and ask them specifically why there is a hearing, who will be there, and what they are going to discuss.

Call the County Clerk for the clarification that DK mentioned.

[vetsvette]

any updates on this?