Assault with No Justice or Enforcement of Protection Order

[nbmatt]

My question involves criminal law for the state of: Ohio

I was the victim of an assault that happened in a neighboring city on March 30, 2012. I was punched several times and attacked with those large glass beer bottles (48 oz I think?). My eyeglasses had been damaged from the assault and are still not fixed or compensated.

The offender has a mile long rapsheet of theft, robbery, nuisance, menacing, disorderly conduct, public intoxication, break in entering, assault, domestic violence, contempt of court, drug usage, and drug trafficking. He has over 50 of these in the past 10 years, 13 from the past 5 years. 5 are from last year, 3 this year including this assault case.

The charges are:
2903.13A M1-ASSAULT
2917.11B1 MM-DISORDERLY CONDUCT BY INTOXICATION

Results of pretrial hearing:
04-12-2012 THE COURT FINDS THE DEFENDANT GUILTY. - COUNT 1
04-12-2012 IT IS THE SENTENCE OF THE COURT: COUNT #1 ASSAULT 150.00 FINE AND COSTS 180 DAYS IN JAIL.
04-12-2012 IT IS FURTHER ORDERED THAT ALL BUT 14 DAYS ARE SUSPENDED
04-12-2012 DEFENDANT IS CREDITED WITH 14 DAYS SERVED IN LIEU OF DAYS.
04-12-2012 FURTHER ON THE FOLLOWING ORDER(S): NO CONTACT WITH VICTIM(S);BAR TAVERN OR DRIVE THRU STATE'S RECOMMENDATION REVIEWED ; AFTER THE APPROPRIATE TIME PERIOD EVIDENCE TO BE DISPOSED OF AS PER POLICE DEPARTMENT POLICY; NO RELATED OFFENSES FOR 5 YEARS PERIOD FOR 5 YEARS; SHALL MAINTAIN CURRENT ADDRESS, PHONE NUMBER, AND EMPLOYMENT WITH COURT DURING PROBATION;RELEASE FROM BOND ON ALL COUNTS

04-12-2012 THE COURT FINDS THE DEFENDANT GUILTY. - COUNT 2
04-12-2012 IT IS THE SENTENCE OF THE COURT: COUNT #2 DISORDERLY CONDUCT BY INTOXICATION 78.00 COSTS ONLY


As you can see, there is a no contact order against him. Ever since being released from jail he constantly comes around visiting neighbors who live in the same apartment building. When he goes by, he violates his no contact order by "contacting" me and causing trouble. He calls me a cop calling snitch, makes sexual gestures at me, says the judge told him I'm at fault for being a nark, etc..

Every time I call the local police, they say there is nothing they can do and that I need to call the court department. They act like they have no record of any of this. When I call the court department they ask stuff like "Do you know his age and date of birth?" and "he's not contacting or harming you in any way though." Sorry folks but when one speaks out and calls you a cop calling snitch, makes sexual gestures, and tells you something the judge said, all verbally, this is indeed contacting me. And no, how the heck am I supposed to know his age and date of birth? Its kind of funny too because the court docket records for this guy are available to look up online where I can get the case number, but the instant they ask me what the case number is and I go search his name online to find it, it always says the servers are down for maintenance but yet were available 5 minutes prior to calling. So they tell me to contact the prosecutor.

I call the prosecutor who acts like they have no clue on law or how this no contact order works. They weren't "knowledged" enough to explain how the no contact order works. They said there is nothing they can do and that I need to call the police. I explain that the police sent me to the courts who sent me to the prosecutor and they say to call the police department of the neighboring city where the assault happened.

I call the police department of the city the assault happened at and they are unable to do anything since he is violating the no contact order in another city out of their jurisdiction and that I need to contact the local police or to go down to the city courts and get a restraining order.

The prosecutor on the case was very unprofessional in my opinion. He waited until the evening right before the pre-trial hearing to call me by phone and ask me a few questions about if I want compensation for anything such as medical bills, etc.. I did inform him of my eyeglasses being damaged. He said I will need to find out how much the cost is and let him know the next day before the court hearing at 8am. Really? My eyeglass place doesn't open until 8am. And also I still have yet to see a single dime. My eyeglasses are still damaged. I was also supposed to get a victims of crime packet in the mail which I never got. I have reason to believe that the neighbor he visits stole them as I saw them getting into my mailbox a few days later though. Even though that is a federal offense, there is never anything the police can do apparently.

This guy was just recently in court again for disorderly conduct against police officers, firefighters, and medical staff at the hospital on June 18th, 2012. In my opinion, that is a "related offense" to the assault one which also had a count of disorderly conduct. They let him go on that one too and ordered community service, a fine of $100, and said no related offenses for the next 5 years.

My issue with this is....
1) Why keep telling him there are to be no related offenses for the next 5 years? He can sit and stack up 30 of them in a 1 year period and that doesn't get enforced

2) Why is this no contact order not being enforced? I feel threatened and in fear for my life. He can assault me and get out of jail after a few days, come right back and do it again.

3) Why should I, the victim, be responsible to pay for anything such as a restraining order when I didn't do a damn thing wrong? That is an expense that I should not have to be faced with. Why not bill it to the criminal? I am financially punished for something I had no control over.

4) Why should I even pay money for a restraining order to protect me from this threat when the police should naturally be protecting me from this threat in the first place, especially when there is already a similar order against him?

5) What is to say that they wouldn't fail to enforce a restraining order that I have to waste money for? If they don't enforce a legal court order as it is, what would make them enforce a restraining order paid for and placed by a citizen?

This is proving that it pays to be a career criminal and you get penalized for being a 100% innocent citizen. I am disappointed, upset, and fearful for my life and safety over this. Now if I would have been assaulted here in my hometown by this guy and contacted the police, they would have done nothing but say there is nothing they can do unless they see it happen. That is what they say all the time.

This guy has stolen things from people's houses and garages before, stolen railroad property, etc.. One time there were several police cars down at the railroad tracks when he stole metals from the tracks. I had one of the officers come take a look at all the stolen stuff sitting right outside the door of the neighbors where he hangs out at. They said there was nothing they can do unless they see him stealing it??? Ok so they couldn't get him for possession of stolen property like they've gotten others before? Wow.. Unbelievable. You ask them something like, "so if I walk out of a store with an item I don't pay for, then I wouldn't be in trouble as long as you didn't see it?" They say something like, "no, thats different." Bull.... How is that any different? It isn't. Stealing is stealing. No difference. Please explain???

The only thing I can think of as to why he gets away with all these crimes is because he is an informant/nark? Whether he is or not, he should not be allowed to get away with this. I want justice.

[cdwjava]

My issue with this is....
1) Why keep telling him there are to be no related offenses for the next 5 years? He can sit and stack up 30 of them in a 1 year period and that doesn't get enforced

If the state cannot or will not enforce the provisions of the order, you are correct, he can rack them up for as long as he is permitted.

What kind of court was he sentenced in? Was this a municipal court? A court of common pleas? I am not entirely familiar with the system in your state, but if this was an order of a municipal court, the court's order may not be enforceable outside the city or county where it is issued. It might have to be brought back to the attention of the issuing court for anything to happen.

2) Why is this no contact order not being enforced? I feel threatened and in fear for my life. He can assault me and get out of jail after a few days, come right back and do it again.

See above.

You might consider contacting an attorney and asking them. or, going to the local prosecutor's office and asking about it. It is easy to be shuffled off on a phone call, less easy to be ignored when you are in their lobby.

3) Why should I, the victim, be responsible to pay for anything such as a restraining order when I didn't do a damn thing wrong? That is an expense that I should not have to be faced with. Why not bill it to the criminal? I am financially punished for something I had no control over.

You can take him to small claims court if you choose. Or, if restitution is ordered, it might be something you can add to it. But, unless the order is issued on the court's motion, the restraining order is entirely optional and you will have to pay for the cost to have it evaluated and ruled upon.

4) Why should I even pay money for a restraining order to protect me from this threat when the police should naturally be protecting me from this threat in the first place, especially when there is already a similar order against him?

Because the court's order may not be enforceable in your jurisdiction whereas a restraining order is generally valid even in other states.

5) What is to say that they wouldn't fail to enforce a restraining order that I have to waste money for? If they don't enforce a legal court order as it is, what would make them enforce a restraining order paid for and placed by a citizen?

The key is jurisdiction. And, what the law says. State law may allow otherwise Constitutionally protected comments or gestures, or, it might be that the other court's conditions of release are not binding on anyone else. You'll have to ask around a bit more to know for certain.

It might also be that the local police and prosecutor do not have the resources to address what are likely seen as minor violations of a court order.

This guy has stolen things from people's houses and garages before, stolen railroad property, etc.. One time there were several police cars down at the railroad tracks when he stole metals from the tracks. I had one of the officers come take a look at all the stolen stuff sitting right outside the door of the neighbors where he hangs out at. They said there was nothing they can do unless they see him stealing it??? Ok so they couldn't get him for possession of stolen property like they've gotten others before? Wow.. Unbelievable. You ask them something like, "so if I walk out of a store with an item I don't pay for, then I wouldn't be in trouble as long as you didn't see it?" They say something like, "no, thats different." Bull.... How is that any different? It isn't. Stealing is stealing. No difference. Please explain???

They have to prove beyond a reasonable doubt that he stole the stuff. What they know to be the truth and what they can prove are often different. And if the stolen goods were in a place that a hundred other people had access to, then reasonable doubt is built in. Heck, if even one other person has access to it, there can be some measure of reasonable doubt. All because the stuff is in front of a friend's house does not mean HE stole it - perhaps the FRIEND stole it? See how that works?

And you example is different. If you were seen walking out with it, you can be fingered and arrested. In this case, it seems that the suspect was not seen walking off with the scrap - he had merely been in the area at the time. There IS a difference.

The only thing I can think of as to why he gets away with all these crimes is because he is an informant/nark? Whether he is or not, he should not be allowed to get away with this. I want justice.

I understand. Unfortunately, the law can often get in the way of what many of us consider to be "justice."

[nbmatt]

If the state cannot or will not enforce the provisions of the order, you are correct, he can rack them up for as long as he is permitted.

What kind of court was he sentenced in? Was this a municipal court? A court of common pleas? I am not entirely familiar with the system in your state, but if this was an order of a municipal court, the court's order may not be enforceable outside the city or county where it is issued. It might have to be brought back to the attention of the issuing court for anything to happen.

I believe it was a municipal court here in the city in which I live, Massillon. They usually handle all the small minor offense court trials for some of the neighboring townships and cities (Perry Township, Jackson Township, Navarre, Beach City, and Strasburg I think). The location where the assault occurred was in Perry Township. All Perry Township addresses are actually Massillon addresses and when one mails a letter to a Perry Township business or resident, the city, state zip code line is typically Massillon, OH and not Perry Township, OH.. I believe its because Perry Township is kind of surrounded and centered in some parts by Massillon. Its a very weird setup. Its kind of like Akron and Portage Lakes, both are viewed as Akron but Portage Lakes has its own police separate of Akron. Part of Jackson Township is considered North Canton or Canton, while part of it is considered Massillon and they too have their own police departments. Belden Village is also located in North Canton but I believe is considered part of Jackson Township with Jackson Township. There are two colleges in North Canton and entirely considered North Canton city limits which is a confusing setup as well as it seems like half of the buildings are Jackson Township police jurisdiction and the other half is North Canton police jurisdiction. Then there are parts of Jackson Township and Perry Township that are Massillon police jurisdiction. I know this is off topic but just thought I'd provide some additional detail of how they set this confusing jurisdiction and city structure up.

See above.

You might consider contacting an attorney and asking them. or, going to the local prosecutor's office and asking about it. It is easy to be shuffled off on a phone call, less easy to be ignored when you are in their lobby.

What kind of lawyer should I look for?

Because the court's order may not be enforceable in your jurisdiction whereas a restraining order is generally valid even in other states.

So then what is the point of a no contact order if it is only valid at the location of the crime? That basically says its illegal for him to assault me again at the location of the crime but it is ok if he assaults me somewhere else? In my opinion, the no contact order should follow me at least to my home, if not my home town.

The key is jurisdiction. And, what the law says. State law may allow otherwise Constitutionally protected comments or gestures, or, it might be that the other court's conditions of release are not binding on anyone else. You'll have to ask around a bit more to know for certain.

It might also be that the local police and prosecutor do not have the resources to address what are likely seen as minor violations of a court order.

I believe that is true about the resources. I know the local city jail (I think an 8 cell jail) is full and the city is in debt to the county jail. As a result, the county jail won't accept prisoners from us unless it is certain types of crime. That is wrong though as he did serve his 14 days in jail at the county jail. And if the jails are really full, then perhaps they should be re-evaluating some cases where they have minor offenders (failure to pay fines, etc) in jail for months.

They have to prove beyond a reasonable doubt that he stole the stuff. What they know to be the truth and what they can prove are often different. And if the stolen goods were in a place that a hundred other people had access to, then reasonable doubt is built in. Heck, if even one other person has access to it, there can be some measure of reasonable doubt. All because the stuff is in front of a friend's house does not mean HE stole it - perhaps the FRIEND stole it? See how that works?

I understand that. But possession of stolen property? The items on the porch were stolen. That is possession of stolen property, no? I've witnessed many cases where people had not been caught or seen stealing and were sent to jail for just having it on their property.

And you example is different. If you were seen walking out with it, you can be fingered and arrested. In this case, it seems that the suspect was not seen walking off with the scrap - he had merely been in the area at the time. There IS a difference.

I don't really see any difference. If you walk out of a store with an item and was NOT seen doing it. That is my example. Your response indicates "if you're seen." In fact, this guy has been seen many times walking out of stores with stolen goods, on camera too. He gets warrants out for his arrest constantly and they do nothing with those too. They see him, ID him, handcuff him, call into the station stating they got him, apparently the station says to let him go and they let him go. Warrant canceled. It really angers the hell out of some officers because a lot of them say they really want to see him put away for a long time. It isn't always a matter of the police, usually they are more than happy to arrest him. Even they blame it on the courts here who are always just slapping him on the wrist and releasing him. He has thousands of dollars racked up in debt that he owes from fines and court costs, often having warrants for his arrest, but yet even the judges won't order jail time. I saw on the local television station that airs the court daily where one guy had only a couple hundred dollars owed for court costs and was ordered to jail time until he or his family paid those costs. Why not do the same with this guy then?

That happens to remind me. I recall that one of the judges here was in a heated war against the chief of police for the longest time (on probation now). He ended up telling our police department something along the lines of the city would have trouble getting a conviction in his court. This was all in our local newspaper, The Independent, which can be read at http://www.indeonline.com/newsnow/x4...pension-stayed and http://www.indeonline.com/x203440582...nd-against-MPD

This is the same judge that was assigned for this case. So you can probably see why I wouldn't be surprised if he did indeed say I am at fault for being a snitch/nark/cop caller.

Even though a majority of the officers are happy to arrest this guy if it weren't for their bosses and the courts in the way, there are some questionable ones. There was one instance where the police were called for illegal drugs by this guy and his friends partying all night. One officer said "come on, everyone smokes pot."

I understand. Unfortunately, the law can often get in the way of what many of us consider to be "justice."

Well then something should be revisited and changed. If I had my way, these people would be locked up in prison with the key thrown away.