Legal question.

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CL82

July 1, 2020 - Let the countdown begin!
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Thanks. I know we would not meet income guidelines, but they might help anyway.
It's worth a shot. If you are 60 and over they'll make an exception and they seem to indicate that they'll make exceptions for compelling cases. I think that your wife's situation might qualify, particularly since it does not seem like it would be time intensive for them.
 
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I may be wrong but are DAs elected in your area? There is a scene in the original Chris Kringle movie where the judge is sitting in chambers with the party boss who says we have an election coming up. You can’t get re elected if you say there is no Santa. Same principal applies here. They will deny it but these guys hate negative stories.
 
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Any prosecutor should just drop this case. In fact the cop should have just sent her home. They have discretion too. FWIW I would also contact your Mayor/ city councillor/state rep etc. While it might not be completely kosher politicians have been known to unofficially intervene in such cases and get prosecutors to shall we say be reasonable. Or even just continue the case for months.

Final note. The neighbor sounds like whale crap in the bottom of the ocean. If you have friends who are willing to harass him I wouldn’t say do it but I wouldn’t say don’t either. And notify the press. A sympathetic story in the local paper will make the Court and prosecutor very antsy and they will look for a way out.
I really don’t understand what the cop was doing here. He’s almost as cruel as the neighbor. It’s just a total waste of the OP and his wife’s precious time and resources.
 

CL82

July 1, 2020 - Let the countdown begin!
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I may be wrong but are DAs elected in your area? There is a scene in the original Chris Kringle movie where the judge is sitting in chambers with the party boss who says we have an election coming up. You can’t get re elected if you say there is no Santa. Same principal applies here. They will deny it but these guys hate negative stories.
I'd be surprised if the prosecutor wouldn't be satisfied with additional safe guards to prevent it from happening again. Then again. I'd expect that the neighbor would be cool with that as well. You'd really have to be an to press this thing given the circumstances.
 

temery

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I wish it was local... I have a whole boatload of friends who would be more than happy to play ding dong ditch at all hours of the day and night in a circumstance like this.

Hang in there...
I was just about to ask for the neighbor's address. I'm a very bored, very vindictive man (surprised?). If it were local ...
 

jbdphi

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Is there a public defender option if you aren’t allowed to represent pro se?


I’m no attorney but seems like you always have the right to one if you can’t afford one (at least that’s what they say on Law & Order).
 

temery

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It's worth a shot. If you are 60 and over they'll make an except and seem to indicate that they'll make exceptions for compelling cases. I think that your wife's situation might qualify particularly since it does seem like it would be time intensive for them.
Would, or would not be time intensive?
 
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Is there a public defender option if you aren’t allowed to represent pro se?


I’m no attorney but seems like you always have the right to one if you can’t afford one (at least that’s what they say on Law & Order).
But at least in California, you have to fill out financial forms and if you have an ability to pay usually have to pay the legal fees of the PD. Public defender is more for when one does not have an ability to pay. Our boneyard bro is just trying to avoid having to shell out money for such an nonsensical neighbor. My bet is that the DA will drop this especially after added pressure with the local media.
 
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Get a letter from your MD. End of story, at least legally. Your neighbor sounds extremely dense. Proceed with caution, a bad neighbor can make your life miserable unless you live in Wyoming.
 

temery

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Here is what the letter says. "This is a form of dementia that is characterized by impairments in judgement, impulsivity, impairments in communication, and difficulties with thinking and memory".
so it would not be insanity, but diminished capacity. The letter goes on to state he does not believe she be reasonably held accountable for many of her actions due to her underlying medical condition.
So based on that...??? Either way, we can put her on the stand, and watch her try to get up every few seconds, and not be able to answer even a single question. I am guessing we could shame the courts.
Once done, call your local newspaper. Shame the neighbor to the point he won't do this again.
 

UConnNick

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We would not qualify for Public Defender. I do however now have the support of Fox 31 Problem solvers. They are going to meet us at the courthouse and then come to our home after for a news piece.
This will be your ace in the hole. The mere threat of turning it into a media story should provide a lot of leverage with the prosecutor and the Court. Nobody in a public sector position likes to have bad press. If DAs and judges are elected in Colorado, it will make it even worse when they get a bunch of calls from outraged citizens. You're on the right track. Best of luck and God bless.
 

whaler11

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I am a Assistant District Attorney (prosecutor) in New York State. In NY you could not technically represent her but in a local court things can get pretty informal.

Bring her if she can come because the court will need her there to even dismiss and some documentation. Any prosecutor with some sense of justice shouldn't be hard to convince for a dismissal. I personally have dismissed similar things with elder people having health issues.

But if you are unrepresented it may be hard to speak with prosecutor directly prior to going on the record- not all offices talk to pro-se defendants. If the prosecutor won't speak to you once the case gets called try to tell the judge directly sometimes that will get the job done if the judge will listen.

In NY at least we have an obligation with a named "victim" to offer services before resolving cases so prosecutor may be hesitant to dismiss first appearance.

Good luck.
Say hi to Munch for me
 

temery

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I am a Assistant District Attorney (prosecutor) in New York State. In NY you could not technically represent her but in a local court things can get pretty informal.

Bring her if she can come because the court will need her there to even dismiss and some documentation. Any prosecutor with some sense of justice shouldn't be hard to convince for a dismissal. I personally have dismissed similar things with elder people having health issues.

But if you are unrepresented it may be hard to speak with prosecutor directly prior to going on the record- not all offices talk to pro-se defendants. If the prosecutor won't speak to you once the case gets called try to tell the judge directly sometimes that will get the job done if the judge will listen.

In NY at least we have an obligation with a named "victim" to offer services before resolving cases so prosecutor may be hesitant to dismiss first appearance.

Good luck.

What if he has power of attorney, or whatever it's call if she's not competent?
 
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UConnNick

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What if he has power of attorney, or whatever it's call if she's not competent?
A POA generally won't work as a means to represent a party in a judicial proceeding. If she's determined to be incompetent to stand trial, the courts generally appoint an attorney ad litem to look after the rights of the defendant.

One thing you don't want to see this devolve into is an involuntary commitment proceeding. That's a whole different thing than the criminal trespass charge. A prosecutor might punt the whole thing by getting the asswipe complainant to agree to drop the criminal charges if they'll agree to an involuntary commitment proceeding. Those are generally very tough to get if it's well defended. The standard is whether or not the party is a danger to herself or to others. If there's no prior history of violence it should be fairly easy to overcome the standard, but the proclivity to wander aimlessly could be a problem, because they could contend she's a danger to herself based on that. The argument might be that she could get hit by a car or something.

Either way, I'd recommend some formal plan of action regarding monitoring her behavior. If it becomes necessary, when she can't be watched for very brief time periods, it may become necessary to agree to lock her in a room for very short time periods when she can't be personally watched. I know it sucks, but that's the kind of reassurance they'll be looking for.
 
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What if he has power of attorney, or whatever it's call if she's not competent?
Power of attorney wouldn't allow you to engage in the practice of law it allows you to act and make binding legal and financial decisions for the person.

Could not officially do it in NY but local courts can be informal and about just getting things done. For example in my younger days when I still went to local courts parents would show up with thier kids on traffic violations I would always include the parents because the kid was just going to do what thier parent said anyway so was just easier then doing the charade of saying parent you aren't a party I won't speak with you.
 
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By the way, thanks to the admins for allowing this. I have gotten a lot of good information.
 
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Power of attorney wouldn't allow you to engage in the practice of law it allows you to act and make binding legal and financial decisions for the person.

Could not officially do it in NY but local courts can be informal and about just getting things done. For example in my younger days when I still went to local courts parents would show up with thier kids on traffic violations I would always include the parents because the kid was just going to do what thier parent said anyway so was just easier then doing the charade of saying parent you aren't a party I won't speak with you.
Here is the thing. She is physically and mentally incapable of conducting a conversation. she can no longer write. She is around 98% non verbal. Most of what she says is unintelligible gibberish. She takes 11 pills a day. Guess I should bring a list of her meds.
So they would not be able to discuss this with her.
 

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