Opinions Requested
 

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.

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

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.

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

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.

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?

+1

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

Government job involving clearances, why dogs?

This is odd.

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

There is always revenge.

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

JR

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.

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

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.

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.

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.

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."

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.

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 ......

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.

So, it sounds as if you were cited for the dog roaming separately and the dog bit someone. If this is the case then you'll have to deal with that.

I'd tell em to pack sand on the bargain.

Based on everything you've stated I see no way they could prove you knowingly or unknowingly allowed the livestock to roam. You have documentation showing your management of the livestock I presume and if the police incident report mentions cut locks, missing cameras etc,,,,,,

The burden of proof is on the Prosecutor. I'd grill him on the evidence he intends to present to try to persuade him to drop the charges or loose a case in court. He will have to prove you were negligent.

Given that scenario, I'd fight it, no questions asked. That's ridiculous. Should be an easy case to win. I have a hard time believing that a prosecutor is dumb enough to pursue that case. What's the rest of the story? He have a hard-on for you, for some other reason?

JR

No dogs were involved in any of the instances to the best of my knowledge. Prosecutor is looking for straws to keep his conviction rate up. I do NOT want to PARF this thread, it is bad enough as it stands.... I do not have the prosecutor's point of view other than conviction rates. I believe the police's point of view is known but it cannot be provided in this forum.

So, the dog citations you mentioned being offered to sign off on (plea) are not real?

You have that offer on record? Was that from the Assistant DA or the DA? If on record, I'd take that particular tidbit to the next higher level (States Att. office).

If your due process is being denied, then your best choice is your area's grand jury. But you'd be sure to be embroiled for years and years and yearrrrrssss

You telling us you were not home maybe out of the county or state (which is it) and someone or persons vandalized your property, which lead to the law pressing charges for loose animals and they want you to plead some dog charge against some dog who doesn;t exsist????

We're not getting the whole story here something is missing. Why would they be going thru all this? for some cows that got loose ...really class c felony?

You really need to be discussing this with your attorney. I would suggest getting this thread deleted.

I'm surely with all the rest of the guys...fight it to the max. I would never cop to something I didn't do..even if its cheaper to do so. My good name is worth too much..and so is yours...

having followed your post's since your days in TX..
I have an 'picture' of you...
I see you as doing the right thing..
when no-one is looking..
you've raised a great family..
they know,you know..
time to let them know..
if you don't fight this..
you will become a bitter old man..

Rika

You are getting the gist of the story: Person owns property. While person is out of state or out of county (all instances happen when owner is away) property is vandalized leading to police responses. Prosecutor is demanding property owner plea guilty to their dog being loose and biting someone (dogs were never loose, never bit anyone, and were never involved in any of the instances).

Yep, prosecutor was pushing for felony charges for being the victim of vandalism resulting in the release of their livestock. As it stands, misdemeanor charges for being the victim.

Believe it or not, this is the whole story short of who property owner believes is responsible which cannot be gone into publically.

I remember the story from before. I thought you were going to put up cameras?

if you sign off on a made-up violation, then technically you are guilty of making a false stmt. to a police officer

reread tobra's advice above & get an attorney

Cameras put up, some missing. A good system to transmit from 1/2 mile away is too much money...


Oh, case is now scheduled for dismissal.


Just wanted some thoughts to pass on, thanks.

Is "this person" able to prove they were out of the state/country when the crime was committed? If so it seems like there really isn't any way the charges mentioned would stand up in court! Am I missing something?

Whatever you decide (I personally would fight like hell) I wish you the best of luck.


Michael

Sounds like it's time to set up a sting OP. The price of an unused airline ticket would be worth the satisfaction of personally filming the azz whole.

I believe what you are referring to is "qualified immunity". AFAIK, qualified immunity does not shield any of them if they have violated a constitutional right, acted outside of law in the performance of their duties, or acted with willful negligence.
Disclaimer: I am not an attorney, and did not stay at a Holiday Inn Express recently.