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Charged With Harassing a Neighbor

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  • 06-19-2015, 01:10 PM
    member78
    Charged With Harassing a Neighbor
    My question involves criminal law for the state of: Pennsylvania

    Hello

    Today i received a harrassment citation in the mail for an incident that happened about 2 weeks ago with my upstairs neighbor. To make a long story short for the past month he has been harrassing myself and my mother mainly calling me out to fight him where we live.

    The police have been called on him from us twice in the past month no harrassment ticket was issued to him. Now fast forward to this latest incident a few weeks ago. I pulled into my driveway after seeing my mother standing at the bottom of his steps talking to him on his porch. I pulled into the driveway and stopped to tell my mother to get away dont talk to him. He then threatened me off the porch "come at me dog i'm gonna f you up" Now before i turned into the driveway i had some razor blades on my center console that slid off onto the floor as i pulled in. I had one in my hand as he was yelling into my passenger side window from his porch in front of his door. I said back to him "i'm going to f you up keep it up" So he turns to go inside so i thought it was done but he comes right out with a big knife in his hand and started to come down the steps where my mother was standing. I quick told her get in the truck he has a knife. Then when she was safe in the truck i started to video tape him on my cell phone standing on the porch holding the knife. We said a few more things then he went in and we drove away to a store to sit and calm down from that. I NEVER got out of my truck during this whole scene and we were yelling at each other through my passenger side window. He actually was coming at me down the steps with the knife towards my mother standing there. I didn't get that on video because i was concerned about my mothers safety. I started the video after he got back up on the porch by his door holding the knife.

    About 30 minutes later i get a call from a cop asking me what happened but i never called the police. I told him and he listened then stated "what if i said i saw you on video with a knife in your hand" I said i didn't have a knife he did and i have it on video. The cop then said a bunch of things to me like "your acting all rosey but you are 100% wrong and now you are going pay for it. Keep an eye on your mailbox"


    The citation is a yellow ticket that says " Deft did with intent to harass, annoy, or alarm, engaged in course of conduct which served no legitimate purpose. Ongoing dispute with neighbor. Reportedly had a razor in hand sayingh "i'll cut you to pieces"

    PACC section 2709 sub A4 fine $300

    I never threatened to cut him i did say i will f you up. I am a handyman/electrician and i have razor blades all over the truck along with nails, screws,bolts etc.. I keep them up in my center console to put away when i get home so i dont cut myself digging in my tool boxes. Again i never got out of the truck during the whole scene.

    My questions are... Is this a case I should have a lawyer because additional charges can be placed on me? If the judge does believe the story i threatened with a razor blade what is my worst case scenario charges. I really can not afford a lawyer at this time. A few people have said the worst charge it will be a summary offense and not on your record. I spoke to a lawyer on the phone and he said well that may be the case but terroristic threats you could be charged with and it will be a misdemeanor on your record.

    I'm also slightly thinking about paying the fine and just moving on because it is so stressful and effecting my health and sleep and i'm missing work over this. If i go that route does that mean i can still be charged with other offenses or just the ones on the ticket for harrassment? If it's just going to be a summary offense i might just pay to get it over with.

    I am moving asap also.

    thank you
  • 06-19-2015, 01:16 PM
    flyingron
    Re: Citation in the Mail Today for Harrassment
    This is a summary offense, going to court on it will not result in more charges. However, even though these cases are heard by the local magistrate, sort of the lowest and less formal (in many cases) court, it would behoove you to have an attorney, especially in heated situations which likely are going to erupt again at a trial. Let the dispassioned attorney handle it.
  • 06-19-2015, 01:35 PM
    adjusterjack
    Re: Citation in the Mail Today for Harrassment
    Quote:

    Quoting member78
    View Post

    I'm also slightly thinking about paying the fine and just moving on because it is so stressful and effecting my health and sleep and i'm missing work over this. If i go that route does that mean i can still be charged with other offenses or just the ones on the ticket for harrassment? If it's just going to be a summary offense i might just pay to get it over with.

    Bad idea. You'll be pleading guilty to a crime. That gives you a criminal record of a conviction. Makes you the bad guy and the neighbor the good guy forever.

    Hire a criminal lawyer. Get acquitted or get it dismissed, whatever it takes.

    Once that's out of the way, you have the option of suing the neighbor if you don't mind incurring more legal fees.
  • 06-19-2015, 01:40 PM
    flyingron
    Re: Citation in the Mail Today for Harrassment
    Summary offenses are not crimes and don't result in a generally accessible record. However, I'd still not roll over on this one. There are other implications here with a balky neighbor than just a criminal record. Civil proceedings may be next.
  • 06-19-2015, 01:49 PM
    member78
    Re: Citation in the Mail Today for Harrassment
    I meant if i plead guilty and pay the fine can more charges be brought up on me? Mainly the part about the so called threat of using a razor blade. If i plead guilty can they send me out more tickets or charges like terroristic threats or whatever? Also does the officer get to question me in the court room? This cop has preconceived notions about me as being an instigator. He said to me on the phone "all the times we have been called out there YOU have been the instigator" WOW Most of the calls were made by me and one other was by my mother. The upstairs neighbors never called police on us until the last scene where he claimed i threatened him with a razor. My mother suffers from mental illness and she has breakdowns that are really hard to deal with so i called the police like 3 times over 2 years for help. It's just herself and I that live in the apartment below that neighbor. So they have this in their head that i'm causing all these problems. I honestly have no desire to cause any problems nor have I. I had one officer flat out tell me "i don't believe any of your s hit" standing at the top of my steps yelling it down into my apartment. When i ignored him he said "that's what i thought" This was after calling them about my mother having a breakdown. My point is I have the police against me and the neighbor.
  • 06-19-2015, 02:13 PM
    flyingron
    Re: Citation in the Mail Today for Harrassment
    Not arising from the same incident. However, in a continuing escalating situation lie this you probably don't want to be on record as being at fault.
  • 06-21-2015, 11:06 PM
    member78
    Re: Citation in the Mail Today for Harrassment
    I understand that it's not from the same incident but i bet the cop will say everytime we are called out he is the instigator which is bogus. He also put on the bottom of the ticket *request max fine so it's obvious he has a problem with me. I am 37 and this guy is 19 that has been harrassing us. I don't even have a speeding ticket on my record and i've been driving for 20 years. Now i was roped into this with this troubled teen. I just wish it could be dismissed on the basis of me moving because they aren't going to move. I can not afford a lawyer so i'm screwed i'm sure. When it's the state against me because the cop represents the state i doubt i can win representing myself.

    I'm going to mail in my not guilty plea today but i have another question about video evidence i have on my cell phone. I want to submit the video i have of him holding a knife that i recorded on my cell phone. From the quick reading i have done it seems to be a somewhat complicated process? I absolutely can not afford a lawyer at this time. Is there and tips on how I can submit this evidence? I know i can't just hand them my cell phone and it needs to be viewable to the whole courtroom. So do i just burn it to a cd and take it to the court before the case? Also my mother was a witness to this incident does the court allow family as witnesses? And if so do i need to notify the court when i send in my plea that my mother is a witness? thank you
  • 06-22-2015, 06:00 AM
    Mr. Knowitall
    Re: Citation in the Mail Today for Harrassment
    How is the photograph relevant to your conduct?
  • 06-22-2015, 07:10 AM
    member78
    Re: Citation in the Mail Today for Harrassment
    I don't understand your question.
  • 06-22-2015, 08:47 AM
    HRinDEVON
    Re: Citation in the Mail Today for Harrassment
    I think you most unwise to not use criminal defense counsel...far too many downsides of do it yourself defense.
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