Falsely Accused of Assault for Protecting Myself and Property Rights
My question involves criminal law for the state of:
I had a criminal neighbor (with an extensive record) that's been harassing us (since last year) come onto our property after ALREADY being told to leave 3X that same day, and have the audacity to actually walk down our private gravel drive onto the back part of our property. My wife and I saw him through our back window. I quickly went down and stopped him, confronted him and by that time I was furious, and he knew it. He falsely accused us of "killing his dog" which never happened, (dog went back to his house later from his wandering around killing pets in the area such as our poultry.) The criminal reached for his gun and said "I kill you" over and over when I told him to LEAVE asap. He flatly refused. I had been hacking bushes down there and picked up a machete that was still there and told him if he tried to pull that gun out, I would hack it out of his hand in my self defense. He still refused to just turn around and walk away, but only slowly backed up the drive backwards spouting the entire time, " I kill you, f____ you" . After he was finally at the street and was going back to his house, he had got back and called 911 probably about the same time that I did. But of course, in this state since he's of a 'different' nationality, HE has full credibility and we (the decent, clean, no record, working-class) have ZERO credibility! The so-called "deputy" that showed up was automatically on the side of the criminal fully believing everything he said, even though he's already had a track record of lying in the past. "Deputy" refused to listen to either me or my wife and WE are the WITNESSES ! He actually went back to the criminals house and offered for HIM to be able to press charges against ME for forcing him OFF MY PROPERTY when he criminal trespassed threatening MY LIFE WITH A GUN! Can you believe it? He falsely stated that I had "attacked" him with the machete at my next door (right next door) neighbor's porch. I have a written statement from that neighbor denying this had ever happened! We also have the testimony of an officer that the criminal had lied to him over and over and over again constantly changing his story and actually trying to USE the dept. patrol persons as his "sic-dogs" on us! He gave us the names of several other deputies that ALSO have witnessed the criminal attempting to do that, and they do not like the guy, know he's extremely dangerous, and won't have anything to do with him because of it.
But of course, the good ol' typical communist prosecutor is trying to railroad me on BS charges of assault-4 when there's absolutely NO PROOF WHATSOEVER of the criminal liar's false accusations against me!! The gestapo actually had the nerve to tell us that WE had to "have it on camera" to prove what we were saying, but the criminal DOESN'T have to have ANYTHING on camera to prove his lies!! Umm, can we say discrimination?
What can I do? I've already gone to the first hearing, now I have a "pre-trial" and I've talked to numerous attorneys and even a judge that said they have no case, and that I should be able to get it dismissed, but that the prosecutor in question is extremely narcissistic and stubborn and refuses to admit when their gestapo punks screw up so they just railroad innocent people and go after them trumping up crap on them. I've even been told by attorneys in other counties that this county has the WORST reputation in the state, and that they are literally infamous for doing that crap to people. I can't afford an attorney and they have denied my right to be appointed one, by making some lame excuse that I "make too much"? WTF? Since when is there supposed to be a financial "limit" for people that need an appointed lawyer? Oh yeah, and according to their limit, I only make a lousy $200. more a month! I do NOT make enough to pay outrageous amounts to an attorney! Geeez, they all want $2000. to 5000.00 down!
Can someone please advise me with some law in black and white, and maybe some precedences?
Re: Falsely Accused of Assault for Protecting Myself and Property Rights
If you don't identify your state, as instructed, nobody will be able to guide you through the self-defense laws of your state.
There has always been a financial limit on who qualifies for a court-appointed lawyer - if you're not indigent, by whatever definition is applied in your undisclosed jurisdiction, you have to pay for your own lawyer.
If you have a basic "he says one thing, you say another" case, and you have a lawyer who credibly argues that for $2,000 they can secure a dismissal, if it were me I would find a way to get the cash.
Re: Falsely Accused of Assault for Protecting Myself and Property Rights
Also, check to see if your county has bond attorneys. Rather than you getting your bond returned, it goes to pay your attorney.
Re: Falsely Accused of Assault for Protecting Myself and Property Rights
Thanks you guys, well shock upon shocks I was able to get an attorney to help me for very very little, the "buddy" rate ONLY because I am a vet and was referred by another military person. What I found out was that what the so-called "deputy" did was a HUGE mistake on his part. In fact, he made so many mistakes on that call, I can' t even remember them all. They're all written down. And yes, they are all in serious trouble, including the criminal because he has is NOT supposed to even own a firearm and the "deputy" was supposed to search him as is usual procedure, and didn't because he KNEW the guy is a dangerous criminal and is AFRAID OF HIM!! Now they're ALL getting the shit sued out of them!!
Re: Falsely Accused of Assault for Protecting Myself and Property Rights
What state are you in??
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high flyer
What I found out was that what the so-called "deputy" did was a HUGE mistake on his part.
Which part?
And if he did make a "mistake," how does that help your defense?
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In fact, he made so many mistakes on that call, I can' t even remember them all. They're all written down. And yes, they are all in serious trouble, including the criminal because he has is NOT supposed to even own a firearm and the "deputy" was supposed to search him as is usual procedure, and didn't because he KNEW the guy is a dangerous criminal and is AFRAID OF HIM!! Now they're ALL getting the shit sued out of them!!
I know of no state with a law that mandates an officer search anyone. So, that part is not a problem.
What mistakes he made I cannot say as I was not there. However, I can think of few mistakes that would be unlawful on the deputy's part based on the scenario you provided. His mistakes or omissions might lead to a great amount of reasonable doubt for the defense, but they are unlikely to be sufficient to support a lawsuit against the agency. But, if you have the money to pay an attorney and can find an attorney willing to take the matter on, well, it's your money.
Now, why is the neighbor not supposed to have a gun? Surely, it's not simply because he's not white.
Re: Falsely Accused of Assault for Protecting Myself and Property Rights
well that shows how much (or little) you know, doesn't it? NO ONE has the right to trespass on someone else's property with a firearm ON THEIR PERSON and threatening the property owner just because the owner tells them to get the hell off their property!! You don't know the whole thing, it would take waay too long to have to actually type out ALL of the details, but if mr attorney dude talked to you and you knew all of the little details , you would not be talking like that. Stop acting like all gestapo are 'perfect and can do no wrong". Everyone knows all you guys are, are just members of the biggest gang in the u.s.a.! I've personally heard one actually say that to someone, and even told him he 'has no rights'! This is what's wrong with this country today! With communists running the scene, what else can anyone expect?
BTW, you think I don't know what you're doing don't you? You assume I don't know that you're looking up all of my posts trying to figure out where I'm at so you can contact your fellow pussypatrol and 'sic' them on me, huh? Do you really think the WE THE PEOPLE are so stupid that we do NOT know what you and your "kind" are all about? Do you really think that we citizens cannot correctly predict exactly what you guys will do? All we have to know is what you are like, and the rest is easy. All we have to know is how the criminal mind works.
That's YOU.
Re: Falsely Accused of Assault for Protecting Myself and Property Rights
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high flyer
well that shows how much (or little) you know, doesn't it? NO ONE has the right to trespass on someone else's property with a firearm ON THEIR PERSON and threatening the property owner just because the owner tells them to get the hell off their property!!
I don't recall ever stating that they did.
However, it is clear that the other party had a different spin on events. If so, then it can sometimes come down to whomever is being rational and articulate.
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You don't know the whole thing, it would take waay too long to have to actually type out ALL of the details, but if mr attorney dude talked to you and you knew all of the little details , you would not be talking like that.
Obviously I do not know all the details. If you are leaving them out, then it's rather disingenuous to insult me for not knowing information that you have failed to provide. Clairvoyance is not common among us human beings.
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Stop acting like all gestapo are 'perfect and can do no wrong".
I've never met anyone in the Gestapo.
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Everyone knows all you guys are, are just members of the biggest gang in the u.s.a.! I've personally heard one actually say that to someone, and even told him he 'has no rights'! This is what's wrong with this country today! With communists running the scene, what else can anyone expect?
Ah, yes ... of course. :rolleyes:
You can always move, I guess. Or, next election, vote for candidates that are more to your liking.
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BTW, you think I don't know what you're doing don't you? You assume I don't know that you're looking up all of my posts trying to figure out where I'm at so you can contact your fellow pussypatrol and 'sic' them on me, huh?
Do you take medication for that paranoia? Wow!
I really don't care where you are or who you are. And you have done nothing illegal here that I can tell. So even if I were inclined to try and track you down, the agency at your end would blow it off with a big shrug.
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Do you really think the WE THE PEOPLE are so stupid that we do NOT know what you and your "kind" are all about?
Oh, goody ... I love it when people who don't know me think I am part of a "kind" of people.
You might want to relax a bit ... you'll have an aneurysm with that stress level!
Re: Falsely Accused of Assault for Protecting Myself and Property Rights
Oh goodie, victory! See folks, when we bring out the truth about them, it pisses them off and they re-act exactly as 'above' did. Actually calling us 'paranoid' among other things.......hee hee , ,I love it, keep it up. You're just proving to the whole world I'm right.
Re: Falsely Accused of Assault for Protecting Myself and Property Rights
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high flyer
Oh goodie, victory! See folks, when we bring out the truth about them, it pisses them off and they re-act exactly as 'above' did. Actually calling us 'paranoid' among other things.......hee hee , ,I love it, keep it up. You're just proving to the whole world I'm right.
Oh, I doubt it's CDW who is sitting at the keyboard typing frantically and getting close to an aneurysm.
I doubt that very much.
We're simply sitting here watching you make yourself look well..less than stable.
Re: Falsely Accused of Assault for Protecting Myself and Property Rights
These are so fun. I love the frantic postings of the disinfranchised! High Flyer is starting to suit you. You flew way off the deep end. I have been beaten by the police. I have been insulted by the police. I have had the pleasure of having a gun drawn on me by the police! BUT, NEVER HAVE I JUDGED ANYONE SOLEY BECAUSE OF THEIR OCCUPATION! And now I am a probation officer to boot!
Seriously, you came for advice. You are getting it, but now, you are really overstepping your bounds. What is it about you guys who always throw socialism and communism into a debate when you get pissed off. Seriously, some minority guy supposedly drew a weapon on you and you kept referring to him as "the criminal?" Yet, it is you that has a case to fight and has sought the advice of the voluntary posters here. Really?!?