OT: Legal question.

[SouthBayHusky]

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

Colorado State Public Defender

The Office of the Colorado State Public Defender is committed to excellence in the representation of any person accused of a crime.

www.coloradodefenders.us

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.

 

[DrZzzz]

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]

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.

 

[Madmannsucks]

Once done, call your local newspaper. Shame the neighbor to the point he won't do this again.

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.

 

[temery]

Our boneyard bro is just trying to avoid having to shell out money for such an nonsensical neighbor.

What the hell the is wrong with you? Do you have any idea how much it cost to care for someone with dementia? Dick.

 

[UConnNick]

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]

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]

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?

 

[UConnNick]

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.

 

[jjhoops54]

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.

 

[Madmannsucks]

By the way, thanks to the admins for allowing this. I have gotten a lot of good information.

 

[Fishy]

I have no advice to offer, but I hope this is quickly resolved in your favor and that you are left alone to take care of your wife in peace.

 

[Madmannsucks]

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.

 

[CL82]

Would, or would not be time intensive?

Would not, thanks I'll go fix it.

 

[WhereistheDove?]

Local news station took interest. So I guess I will be meeting the producer and photographer at the courthouse. Be careful what you wish for.

I may not believe in Karma in the ethereal sense but in a practical sense if you play stupid games, you win stupid prizes. He deserves any shame they can bring to him.

 

[SouthBayHusky]

What the hell the is wrong with you? Do you have any idea how much it cost to care for someone with dementia? Dick.

I think you misread or misunderstood my comment. My comment stated that our friend does not want to spend unnecessary money on a nonsensical neighbor pushing criminal charges for trespass. By the way, my father Who I am a caregiver has Alzheimer’s. I know how much it costs. Please keep things positive.

 

[temery]

I think you misread or misunderstood my comment. My comment stated that our friend does not want to spend unnecessary money on a nonsensical neighbor pushing criminal charges for trespass. By the way, my father Who I am a caregiver has Alzheimer’s. I know how much it costs. Please keep things positive.

Wasn't obvious, but now it is. Thanks.

 

[Madmannsucks]

I think you misread or misunderstood my comment. My comment stated that our friend does not want to spend unnecessary money on a nonsensical neighbor pushing criminal charges for trespass. By the way, my father Who I am a caregiver has Alzheimer’s. I know how much it costs. Please keep things positive.

FYI. I felt I understood the gist of your point from the beginning. No offence taken.

 

[boba]

Since this is still ongoing, you may wish to contact Ken White aka Popehat. He can put up the Popehat signal, which usually brings in capable legal representation in the particular jurisdiction. You'll find him on twitter. He usually reserves the signal for free speech or other civil rights issues but will put it up for cases such as this one.

 

[jibsey]

Man oh man! It’s distressing to know that there would be people who lack empathy and understanding for your wife who is in such an unfortunate medical situation. What have we come to? In her 90’s my mom did some wandering around her apartment complex but people were very nice about it. Shame to have such a jerk in your neighborhood.

 

[Madmannsucks]

What’s the worst case legal scenario? A fine? Jail time?

$2650 fine and 1 year in jail.

 

[huskymedic]

$2650 fine and 1 year in jail.

How’d you make out w/ Fox31?

 

[Madmannsucks]

Coming from the perspective of someone who has investigated countless neighbor complaints prior to being promoted... If your wife was previously warned by the police not to go onto your neighbor's property AND there was an extensive history of complaints made against your wife, I can understand why the summons was issued. That doesn't mean I agree it should have. I feel the officer called to investigate this incident had zero desire to take any enforcement action whatsoever but again IF theres history there and IF the complainant persists, we cant just simply tell the complainant to go F themselves ... although we'd love to. I'm confident the court will drop the charges but it sucks you have to take the steps necessary to get to that point.

So she was previously warned. This is the only person who has complained-twice. According to the PD they have no discretion if the neighbor insists on moving forward. The officer stated exactly that(no desire to do this)

 

[Madmannsucks]

How’d you make out w/ Fox31?

They went to the house today. Interviewed my son. Tried to interview the guy who complained. He turned and walked away...his wife came to the door and said he didn't want to talk to them(So he knows he's jerk). They are going to court with us on Tuesday.

 

[CL82]

$2650 fine and 1 year in jail.

Wow, I looked at this quickly and thought this was the outcome. Any chance your neighbor won't show? If the arresting officer decides that he has a conflict, perhaps the judge would dismiss?

 

[Madmannsucks]

Wow, I looked at this quickly and thought this was the outcome. Any chance your neighbor won't show? If the arresting officer decides that he has a conflict, perhaps the judge would dismiss?

The court date is Tuesday the 18th-He stated he is going to take this all the way. Hopefully common sense will prevail. She is clearly not competent to stand trial. I will have an investigative news team with me. So this is going to get very interesting if they push it. On top of that she has just months to live(estimated). Don't think THAT won't be a campaign issue for someone. The officer has not turned in the paperwork yet. From 5/16, so we'll see.

 

[CL82]

The court date is Tuesday the 18th-He stated he is going to take this all the way. Hopefully common sense will prevail. She is clearly not competent to stand trial. I will have an investigative news team with me. So this is going to get very interesting if they push it. On top of that she has just months to live(estimated). Don't think THAT won't be a campaign issue for someone. The officer has not turned in the paperwork yet. From 5/16, so we'll see.

I still think it is a good idea if you see if that legal aid group will take you. I suspect they will.

Facing all that you are currently, the last thing you need is this BS. My heart goes out to you.

 

[Da_Aisijimo_Gou]

Several years ago, a one-time boxer great uncle cold cocked a nursing home aide. The latter was supposed to be an arse-hole, but even he and the nursing home refused to press charges knowing dementia was the cause versus my 80+ year old ex-cop relative always being a mean barstad long before the disease took hold.

What a miserable Spartacus lout Madmann’s neighbor must be to press charges against his wife. My empathies and best wishes to Madmann and his family. May the neighbor come to his senses, sensible prosecutors or the judge ensure reasonable results, and/or karma visit upon the miserable lout on down the road.

 

[Madmannsucks]

I still think it is a good idea if you see if that legal aid group will take you. I suspect they will.

Facing all that you are currently, the last thing you need is this BS. My heart goes out to you.

Worst case, I can request a continuance if I am over my head.

 

[BlueMAB]

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.

Cops can try and talk someone into using common sense and compassion, but I don't think they can refuse to take action if someone insists on pressing charges/filing a complaint and there is evidence that a law was broken (no matter how trivial).