Page 3 of 3 FirstFirst 1 2 3
Results 21 to 28 of 28
  1. #21
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Government Shutdown Made Me Do It -- Creating a Nuisance in a Closed Area

    Bubba Jimmy;755398]Yes, well, the barricades moved by WW II veterans in Washington DC did not get them cited for anything
    .and I see a lot of people speed down the road every day and myriad other crimes without repercussions from the law.

    Nor the congressmen that grandstanded with them. This was all a political hoax.
    Sure, it's generally wrong to duck under a gate. I'm trying to give the OP practical and helpful advice to help him deal with a situation.
    I understand that and as I said, not really against the intent.


    Public health, safety and comfort.
    (a) No person shall cause a public disturbance or create a risk to other persons on public lands by engaging in activities which include, but are not limited to, the following:
    (2) Creating a hazard or nuisance;
    well, he was he wasn't supposed to be. Isn't that a nuisance? The cop sure was annoyed apparently.


    Now, along with the WWII vets, if the guy stood his ground and argued he was protesting, maybe then he could have garnered the same sympathy the vets got.

  2. #22
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Government Shutdown Made Me Do It -- Creating a Nuisance in a Closed Area

    Quote Quoting jk
    View Post
    well, he was he wasn't supposed to be. Isn't that a nuisance? The cop sure was annoyed apparently.
    Cute, but no.

  3. #23
    Join Date
    Sep 2013
    Posts
    833

    Default Re: Government Shutdown Made Me Do It -- Creating a Nuisance in a Closed Area

    Quote Quoting jk
    View Post
    well, he was he wasn't supposed to be. Isn't that a nuisance? The cop sure was annoyed apparently.
    A nuisance under case law for this code section is defined as:
    A nuisance is a "condition, activity, or situation that interferes with the use or enjoyment of property."
    An annoyed cop would not fall under a required element of the crime for a number of reasons. Due process would require more than knowing if a cop had his Wheaties that morning or not.

  4. #24

    Default Re: Government Shutdown Made Me Do It -- Creating a Nuisance in a Closed Area

    Thank you everyone for your input. Although you did not allay my fears, you have provided much needed direction.

    You have given me advice to fight the citation so that I don't receive an automatic Federal Misdemeanor conviction on my permanent record.
    And you have suggested that I hire a criminal attorney experienced in appearing before Federal Court, probably from Nevada. (I was actually a tourist from California when I visited Las Vegas that fateful weekend).
    And you've given me and my future attorney a few legal points to take into consideration.

    This is quite the learning experience for me. Last night, I dreamed that I was arrested for tying my shoes incorrectly. It's really surprising how much this can affect someone psychologically. I feel a lot like former NYPD Commissioner Bernie Kerik, who has stated that he has a whole new view of law enforcement and prison now that he has seen it from the other side.

    Geez, I hope, I hope that this has a good ending.
    In the meantime, I will pay your kindnesses forward and I will promise to return with updates to satisfy your curiosity about my misadventure.

    Thank you,
    HopingToCatchABreak

  5. #25
    Join Date
    Oct 2013
    Posts
    101

    Default Re: Government Shutdown Made Me Do It -- Creating a Nuisance in a Closed Area

    Quote Quoting HopingForABreak
    View Post
    [U]

    This is quite the learning experience for me. Last night, I dreamed that I was arrested for tying my shoes incorrectly.
    Bad news: You probably ARE tying your shoes incorrectly
    Who knew?

    Good news: It's not a crime

    Good luck and keep us updated

  6. #26
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Government Shutdown Made Me Do It -- Creating a Nuisance in a Closed Area

    .
    Last night, I dreamed that I was arrested for tying my shoes incorrectly.
    Oh, come on. It's not that bad.



    Just don't mismatch your socks.


    Geez, I hope, I hope that this has a good ending.
    I think most do. Given the situation, it really does seem to be an overreaction to your actions.

  7. #27
    Join Date
    Jul 2007
    Location
    Florida
    Posts
    2,344

    Default Re: Government Shutdown Made Me Do It -- Creating a Nuisance in a Closed Area

    As a last resort, throw yourself on the mercy of the court. If you do end up having to appear before a judge and you are not represented (no one will assist you or you can't afford a lawyer and can't get a public defender) then ask the judge if justice would be served by pinning a permanent criminal offense on your record that will follow you forever when there were political forces at work over this whole mess that were far beyond your control or actions. Plead that the enforcement served no legitimate public policy purpose. Nobody was harmed, there is no victim (other than you), and it would be an afront to justice to make you a criminal for the sole offense of wanting to walk on public land, which did not involve any trespass (since you weren't charged with trespass). Hey, if you get in front of a decent judge that is interested in justice as a primary goal of the law you might find a sympathetic ear. And if not, you've lost nothing in pleading your case. Then you appeal

  8. #28
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Government Shutdown Made Me Do It -- Creating a Nuisance in a Closed Area

    Judges cannot plea bargain - only prosecutors can plea bargain - and Congress stripped federal judges of the right to issue suspended sentences back in 1984. If you plead guilty and throw yourself on the mercy of the court, you are most likely to influence your sentence. Your confession and plea for mercy, made on the record and under oath, make an appeal of your conviction a losing proposition - even if we overlook the fact that for this type of offense, even if you receive the maximum penalty your sentence will have been served by the time an appellate court takes up the issue.

    1. Sponsored Links
       

Page 3 of 3 FirstFirst 1 2 3

Similar Threads

  1. Hunting and Fishing Offenses: Harvesting Oysters in a Closed Area
    By bobbyhutchinson in forum Criminal Charges
    Replies: 3
    Last Post: 05-31-2013, 07:01 PM
  2. Vegetation: When is a Tree a Nuisance
    By Inpa in forum Real Estate Ownership and Title
    Replies: 2
    Last Post: 06-02-2012, 12:05 PM
  3. Quiet Enjoyment: Nuisance Neighbors
    By SheilaC in forum Landlord-Tenant Law
    Replies: 2
    Last Post: 02-15-2007, 10:51 PM
  4. Disturbing the Peace: Nuisance party
    By tydo1313 in forum Criminal Charges
    Replies: 2
    Last Post: 04-28-2006, 03:00 PM
  5. Roommates: Roommate Nuisance
    By ndawson in forum Landlord-Tenant Law
    Replies: 2
    Last Post: 11-30-2005, 02:37 PM
 
 
Sponsored Links

Legal Help, Information and Resources