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hi, I'm new here and have not lurked. But I have what I consider to be a
pressing matter and am seeking advice. Please. Recently there was an
incident that occurred at my home. Briefly, the next door neighbors hired
hands attacked me. they had a rifle with a large scope attached which they
pointed at me. Getting tired of the harassment. (this is a small community)
from these two drifters. I decided to do something about it. (I had a
similar problem to this several years ago and the County sheriffs office
did not believe me. So I took my digital camera and took some pictures of
the gun wielder. He became infuriated and tried to get the camera away from
me. I wasn't quick enough, there was a distraction that for identity
purposes I can not get into, to get away from the main attacker. I held his
hands off and on while he proceeded to beat me. His buddy came down and
picked up the rifle and fired several shots, then picked up the shell
casings to hide them and used his buddies cell phone to call the police.
There was much that happened in this time period, but I won't bore you with
all that. But because they made the call, I was arrested when I came out of
our house. I explained to the officer the situation and he asked if I could
prove my claim. We both went into my family's house and he brought up the
pictures on the computer. We went back down and he and the other officers
slapped the cuffs on my neighbors two hired hands. It turns out they were
both convicted felons with long history. I was told (by the AO's) that my
big mistake was coming down to the driveway to confront the gun toter's.
That because they made the call I was going to go to jail for a long time,
but, because I had pictures, now they were the ones going to jail and I was
being charged with a simple misdemeanor. (if that makes any sense.) The
arresting officers were very polite and professional. The other guys. They
denied having any weapon or firing the shots and the officers had to search
the neighbors property for about an hour before they finally gave up the
gun. (An obstruction charge.) So anyway this is my problem. About five
years ago I was charged with and acquitted of domestic battery. The then
prosecuting states Attorney is now the appointed Circuit County Judge. We
also went to school together and did not get along then. In fact we were
involved in a small town turf war (opposite sides) when we were children. I
have retained an attorney, and related this to him. My question being is
there anyway that I can have someone less biased against me try this case.
We have requested a jury trial, and I am a bit ignorant of what I should do
or should expect? Any feedback or advice would be deeply appreciated. This
has been to say the least, pretty much a Nightmare.
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Frankly,
You have an attorney who is capable of answering your questions. Why do
you want to ask strangers and why would you value the answers?
Dave M.
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"David Martel" <marte005@earthlink.net> wrote:
Frankly,
You have an attorney who is capable of answering your questions. Why
do you want to ask strangers and why would you value the answers?
Dave M.
Dave, grasping for straws I guess. Some fear. For generations the same
people have ran this County. I was wondering if there was some kind of
silver bullet (I'm sure there isn't, it's left to chance.) this family
could use to protect ourself from the corruptness here under those
circumstanses (e.g. past). I don't know much about law. But thanks (it is
appreciated)for your answer, I see your point, though even strangers I
have found there is help to be gleaned from groups, sometimes. I am not
trolling. just thinking aloud and trying to work this out. peace.
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Frankly,
I didn't think you were trolling. When one asks a question in a newsgroup
one may receive many different answers. All of these answers are based on
the respondents' perception of your problem as you set it forth. You may
mis-state the problem or leave out important details. The respondents may
misunderstand your problems. You don't know the experience, training, common
sense, political agenda, et c. of the respondents. You can get the same
results at a bar and have a beer to boot. It certainly doesn't hurt to
listen to others discuss and give opinions but in the end you must decide
what to do.
Raise your questions with your lawyer. He will know the local courts and
may be able to decide whether raising the issue of a change in judges is a
good idea. He can ask questions about the long standing bad feelings that
you have toward the judge. You can answer his questions knowing that your
discussion is confidential.
Good luck,
Dave M.
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"David Martel" <marte005@earthlink.net> wrote:
Frankly,
I didn't think you were trolling. When one asks a question in a
newsgroup one may receive many different answers. All of these answers
are based on the respondents' perception of your problem as you set it
forth. You may mis-state the problem or leave out important details. The
respondents may misunderstand your problems. You don't know the
experience, training, common sense, political agenda, et c. of the
respondents. You can get the same results at a bar and have a beer to
boot. It certainly doesn't hurt to listen to others discuss and give
opinions but in the end you must decide what to do.
Raise your questions with your lawyer. He will know the local courts
and may be able to decide whether raising the issue of a change in judges
is a good idea. He can ask questions about the long standing bad feelings
that you have toward the judge. You can answer his questions knowing that
your discussion is confidential.
Good luck,
Dave M.
Dave,
Thank-you. You have given me much to consider. Sometimes that is what it
takes to help. I didn't mean to imply that I thought you thought I was
trolling. I thought I would just letting you know I am serious and was
looking for feedback. I had to actually ask myself the same questions you
asked. It's just one of those messed up situations that I wish never
happened. But it did. I have little doubt your time is important and I
feel uncomfortable barging in and asking for free advice. Your message
really helps me get a perspective in a direction I was (I think) already
headed. I am working on a letter to the attorney, (i.e. no ex-parte, plea
bargains, signatures, meetings without my presence, etc. and really
wondering if this is a good idea? I don't wish to alienate him, but on
other hand I do wish to protect myself, my family.) I do realize this is
just a battery charge and not a bank robbery or anything that drastic. We
have only discussed this very briefly during the pretrial, when I asked
that he move for a jury trial. (he did draw up some papers for me in
another civil matter a year ago, that is how I met him, (although I did
business with his firm on an automotive matter prior to this) and I was
very satisfied with his professionalism, with all due credit.) But at the
pretrial not much was said except for me to "have a seat." And he went
over the SA's statement. (briefly, and I refuted the felon's lies.) then
when I asked him when we would discuss this case he told me to come to his
office an hour before the first jury pre-trial. I have to wonder if other
people have these questions about the representation they get. It's just
scary to the lay person that isn't used to dealing with the system. Since
then, I did call him up and kind of bugged him about the case. We went
over the details and it was or is pretty evident that the guy wanted the
camera because he wasn't supposed to have a weapon. (So many
mitigating/extenuating circumstances, this had been going on for several
weeks before it boiled over with the gun incident.) I felt it necessary. He
(did at that time) assure me he would "aggressively" defend me. I'm a bit
confused about the two complainants being felons and threatening us with a
gun. I know the max penalty for misdemeanor (making contact) battery (in
this state) is up to one year. I'm a bit old for that though and wonder
about the law and if something like battery is appealable upon any
conviction. Hey, thanks (really) for taking time to read, and your replies.
So sorry that I have to post this anonymously, but I do wish you the best
for helping with your very rational reply. And your supportive: "Good luck,
" Please, I wish you best and credit for helping people (me a stranger)
out. (That, kindness, imo is getting to be a rare breed of person.) I'll
try to keep you posted on the outcome in October if you wish. Although I do
trust the attorney I hired, it turns out he is also a PD, I know how busy
they can get with all the extra cases they have. And, not him, but I'm very
leery of the good old boy environment in this County. Sorry to ramble on.
Best wishes in sincerity.
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