OT: Legal question.

[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 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.

 

[Madmannsucks]

Yeah, according to the PD, they have no discretion.

 

[Madmannsucks]

I have to bring her, or they swear out a warrant for her arrest. I should give her the summons and walk her in to the Prosecutor's office and leave her there with the summons. Let them figure it out.

 

[UConnNick]

I contacted an attorney friend of mine who handles cases like this one. He indicated that in his jurisdiction (Pima Co. AZ), they usually let the complainant say whatever they want to and then the prosecuting attorney moves to dismiss the case. I'd love to be there when they summarily dismiss it just to see the look on this asswipe's face. Hopefully they'll allow TV cameras in the court room so everybody in metro Denver gets to see his reaction as well. What a miserable excuse for a human being this guy is.

Best of luck to you.

 

[David 76]

You have such a load to carry and some idiot has to add this to it.
Wishing you and your wife all the best.

 

[gtcam]

For any legal minds in here.
My wife has advanced frontaltemporal dementia. She was recently given a summons because of a neighbor who calls the cops on everyone and everything, and she rang his doorbell. She was cited for trespassing. We have to go to court on June 18th. I have a POA. We are not using a lawyer.
Can someone plead not guilty due to mental impairment?
I am not interested in anything less than a dismissal. Full disclosure, she rang his doorbell on 4/11, then again on 5/16. The 1st time they gave her a warning.
Most of the time she can be supervised, but in this case, I turned my back for just a couple minutes.
She is almost completely non verbal and cannot answer even simple questions(she gets her name right maybe 20 percent of the time).
Any advice would be appreciated.

Aside from this total BS from a real DB neighbor, Madmann - my heart goes out to you and your wife.
Life is too short to be a real jerk against someone who is experiencing such a debilitating disorder/disease and to the loving person who is caring for her.
I wish you the best and I wouldn't worry to much about this. If any court entertains this, we all have problems

 

[Zissou]

I have to bring her, or they swear out a warrant for her arrest. I should give her the summons and walk her in to the Prosecutor's office and leave her there with the summons. Let them figure it out.

Good luck tomorrow. I unfortunately have a similar care experience with a loved one with the same condition. I appreciate your position and especially this comment. I was thinking the same think. Just sit next to her, and when they ask questions, don’t answer for her. “Ask her, she is the one you are prosecuting. If you think she’s competent to defend herself in trial, have at it”.
I also offer this with full respect and compassion, but also full knowledge of the capability of this disease and an educated assumption of what it has taken from your wife. “If you are taking custody of her for the remainder of her life because she rang the neighbor’s door bell, just tell me where to visit”.

 

[HuskyHawk]

You have such a load to carry and some idiot has to add this to it.
Wishing you and your wife all the best.

Absolutely. The burden is already immense. That neighbor has a special place in hell reserved. Hoping for a good outcome tomorrow.

We recently learned just how much this can take out of you. Father in law is suffering from Alzheimer's and my mother in law has ALS. Both started declining rapidly. We had to quickly move them to assisted living, clear out the house they've been in for over 50 years and sell it. Filed claim with Allstate on their nursing home insurance, who still hasn't paid a penny 8 months later. My wife is completely overwhelmed trying to take them to appointments, arrange PT, pay their bills, fix financial accounts etc.

 

[Deepster]

I have an elderly lady diagonally across the street from me. Lives with her husband and has a pretty bad case of dementia. She is usually walking around the block or just standing on her front porch. In my front yard, I have a big metal chicken as a lawn ornament. When my car pulls in, she walks over and tells me how beautiful the chicken is and asks me if she can go blow it a kiss. I always tell her she can and she throws her hands up and says "God bless you!!!! You are a Saint for putting up with a crazy old lady like me!"

Same thing, maybe 5 days a week, going on almost a year now. Sometimes we have a little conversation. Sometimes she picks up loose sticks in my yard. Sometimes she leaves quickly. Meh. I don't mind it one bit.

Moral of the story: Your neighbor is a real .