Opinions Requested

[Groesbeck Hurricane]

Let us say your property (land, part-time business) was being vandalized.

Let us say the vandalizations happened when you were out of the county or out of the state. Vandals knew of your basic schedule.

Let us say the Police and Prosecutor know you had nothing to do with the vandalizations but did not care.

Let us say you were charged with the results of the vandalizations even though you were known to have not been involved and the authorities had zero intent or interest in investigating the crimes.

Let us say you cannot prove who did the vandalizations though you have a fairly good idea of who and the organization to which they belong.

Let us say your paying job requires your person to be above reproach or you lose your job. You have already been reassigned work due to this situation and have lost your chances at promotions and ability to move within the organization.


Now you are offered to sign off on two citations where you will admit you allowed your dog to get off your property and the citations are about dog bites (no, no dogs were involved in ANY of the incidents). Your legal expenses end. Business is already shuttered and lost.


Prosecution is months beyond their required timeframe to bring to trial. They claim to have been negotiating even though there has been zero contact. Prosecution has continually failed to return calls, letters, e-mails, or show at court directed meetings. Court agrees with them and extends trial period.


What do you do? Take the "bargain" and move on or spend thousands more fighting to prove your innocence and spend possibly another year without being able to get on with your life?


This has nothing to do with principles, they left the game quite some time ago or were never involved.

Prosecutor is "above reproach" per state law and cannot be touched with wrongful prosecution per state laws. Ad-litem refused to dismiss when originally brought for review and they claimed no need to go through a grand jury.

[drcoastline]

I would fight to the death. But then again I have always had to.

[sc_rufctr]

You have to fight this to clear your name.

You may think the smart move is to "take the bargain" and move on but by doing that "they" will think you're guilty... They'll ask themselves. "Why would you do that if he was innocent?
Proves the point, People are ****s... Learn that and you won't ever be disapointed. At the end of the day it's up to you. Good luck.

I'd fight it until I couldn't fight anymore.

[LWJ]

Wow. A horrible situation. Goes from lose to lose more.

Here is my instinct:

I would fight. I would document to the gnat's azz. I would push this to my work-place and try my case there if at all possible.

Here is big-picture:

I would do whatever was possible NOT to have this consume me and destroy me.

I think you have to pause and reflect on you and your life. What will be most destructive to you? What will alllow you to move on?

I am grateful not to face this. Good luck.
Larry

[Tobra]

I would fight it. I suspect that prosecutor's house might accidentally get a bag of quick set cement spilled into the sewer clean out.

[70SATMan]

Are you stating that a person was charged with vandalizing their own property?

How was it reported and by whom? If they didn't investigate anything, how did they have enough evidence to charge the person?

[Por_sha911]

Originally Posted by drcoastline

i would fight to the death. But then again i have always had to.

+1

[Seahawk]

Originally Posted by 70SATMan

Are you stating that a person was charged with vandalizing their own property?

How was it reported and by whom? If they didn't investigate anything, how did they have enough evidence to charge the person?

I am a bit confused as well (not unusual for me).

Government job involving clearances, why dogs?

This is odd.

[M.D. Holloway]

Fight whats right, defend your self. Bargon on a car or boat not an ideal.

[jcommin]

There is always revenge.

[javadog]

Why not restate your case in a narrative that we can understand? Spell it out, man. Nobody can understand your scenario, as written...

JR

[sammyg2]

Call your elected officials. State reps, federal congressman. They live for crap like this.

Tell them the whole story, they'll make a phne call on your be-hoovance (I know) and the prosecutor will roll over like a lazy dog.

[Ronbo]

Fight it. If you don't it will always bother you that you allowed yourself to be railroaded.

[rusnak]

Never admit to a crime unless they offer you amnesty from the penalties, and you in fact did it.

Other than that, I don't understand the scenario.

[Groesbeck Hurricane]

Cannot get specific, do not want to be charged with jury tampering.....

Property was vandalized, someone released all livestock, someone called police, police arrived and failed/refused to investigate, fences/locks/chains cut, police noted livestock out and fences/locks/chains cut, cameras gone.

Police and prosecutor charge property owner with knowingly and willfully allowing their livestock to roam. Class C Misdemeanor or Class C Felony. Requires proof of intent.

prosecutor offers "bargain" to admit to allowing dog to roam and bite someone. Does not require proof of intent BUT is considered an infraction similar to a parking violation.

[rusnak]

OK. No way in hell would I agree to that B.S. Tell the prosecutor that he's a lazy pos and you're going to fight to your grave.

[pbs911]

Originally Posted by Groesbeck Hurricane

Cannot get specific, do not want to be charged with jury tampering.....

There must be a probably cause affidavit if they are charging you with a felony. That is public record so how about just telling what in contained in the public record. The scenario makes no sense especially when you the conclusions of "Police and prosecutor charge property owner with knowingly and willfull" and "even though you [property owner I presume?] were known to have not been involved."

[stomachmonkey]

Originally Posted by rusnak

OK. No way in hell would I agree to that B.S. Tell the prosecutor that he's a lazy pos and you're going to fight to your grave.

And when you win you'll file a civil suit seeking monetary damages to your side business and loss of opportunity/advancement/compensation at your day job.

If you think about it the damage is done, how much worse could it get, you have more to gain at this point than you have to lose.

Good luck.

[Groesbeck Hurricane]

Originally Posted by pbs911

There must be a probably cause affidavit if they are charging you with a felony. That is public record so how about just telling what in contained in the public record. The scenario makes no sense especially when you the conclusions of "Police and prosecutor charge property owner with knowingly and willfull" and "even though you [property owner I presume?] were known to have not been involved."

I do not have the exact verbiage however it goes along the lines of:

SUBJECT is hereby charged with XX Infraction, Animals Running At Large, for knowingly and or intentially permitting livestock to run at large and failing to contain such livestock in violation of State Code ......

[Groesbeck Hurricane]

Originally Posted by stomachmonkey

And when you win you'll file a civil suit seeking monetary damages to your side business and loss of opportunity/advancement/compensation at your day job.

If you think about it the damage is done, how much worse could it get, you have more to gain at this point than you have to lose.

Good luck.

Prosecutor is immune to such a suit as is the sherrif and county per state statutes. Only other avenue would be Federal Court and tens of thousands of dollars for legal fees, theirs are paid by state taxpayers who would also pay any settlements.