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:
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.