In 1995, in Oceanside, CA, I was placed under "Citizen's Arrest" by my husband (at the time). The Oceanside Police were required by law to assume the arrest initiated by my husband without assessing the facts or evidence of the case, which is what they did. After being booked into the city jail and, then, transferred to the county jail to be held until such time as a decision was made by the prosecutor as to the factual circumstances of the incident and as to whether or not, in his opinion, a crime had potentially been committed and as to the sufficiency of the evidence for the State to bring charges against me. When that time came, a couple days later, the Prosecutor decided that there was absolutely no evidence that I committed any crime at all and that there was absolutely nothing he could even change me with - not even a misdemeanor disorderly conduct, which charge has an extremely low threshold to meet. I was summarily released from the county jail - period. There was no case - no case number - no Judge assigned - no hearing - no disposition of a case (because there was no case of which to dispose) - no follow-up of any kind. I was simply let go and that was the end of it.
About six years ago, I filed an application for a CCP (Concealed Carry Permit) in Ohio, which I received easily and held without incident until moving to South Carolina when such move rendered that CCP invalid. I took the required CCW class for the State of South Carolina and applied for a CCW. Three months later, I received a denial letter from SLED stating that I MAY HAVE BEEN convicted of an assult carrying mandatory jail time in Oceanside, CA, in 1995, but they could not tell for sure so, because they did not know one way or the other, they were denying my application. They went on to state that I would be required to provide them with proof of the disposition of the case before they would issue me a CCW. I am sure you can immediately see the issue with this requirement.
I am searching for an Attorney to assist me with filing and conducting an appeal from the SLED decision to deny my CCP.
I have researched Citizen's Arrest laws/rules/requirements for the State of California both in 1995 and in 2022, which is very clear and very plainly explains the EXACT circumstances of what took place in 1995. I can provide this research to whoever assists me and save them a LOT of time. I am also willing to assist with drafting any letters, Motions, Appeals, etc. that become necessary or required. I have a strong legal background with many years as a paralegal.
Please contact me at either 843.698.3127 or at k.long@usa.com.
Thank you.
Kassandra Long
