OT: Legal question. | Page 5 | The Boneyard

OT: Legal question.

Waquoit said:
I'm hoping for the right resolution but it looks like a bit more situational awareness is needed here.
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Not really-I got a summons.(My wife)-we showed up. Nothing on the summons says arraignment-I called the court clerk several times and they could not find the paperwork. I could only go on what I had. The judge did not ask for a plea....she recommended I get in touch with the DA, gave me a name and number and advised me to request a meeting and show the doctor's letter.
 
Madmannsucks said:
Not really-I got a summons.(My wife)-we showed up. Nothing on the summons says arraignment-I called the court clerk several times and they could not find the paperwork. I could only go on what I had. The judge did not ask for a plea....she recommended I get in touch with the DA, gave me a name and number and advised me to request a meeting and show the doctor's letter.
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It's still strange a prosecutor was not present. Did you enter a plea, or was a continuance offered deferring the plea?
 
Madmannsucks said:
Not really-I got a summons.(My wife)-we showed up. Nothing on the summons says arraignment-I called the court clerk several times and they could not find the paperwork. I could only go on what I had. The judge did not ask for a plea....she recommended I get in touch with the DA, gave me a name and number and advised me to request a meeting and show the doctor's letter.
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Good. That shows they seem to be treating it as a glorified traffic citation. It's sort of like what they'd do for failure to maintain financial responsibility. If you just forgot to put your ID card in the car, but you had insurance at the time, they'll dismiss it if you show them a doc which proves you had insurance at the time.
 
Horrible situation and my thoughts are with you an your wife. This neighbor should have to walk in your shoes for a day.

That said, while I cant guarantee this applies out West, and please do not mistake this for legal advice, here prosecutors will be very gun shy for issuing straight dismissals because it leaves exposure for them under malicious prosecution claims and the officers for wrongful arrest. In CT most cases are disposed of through Nolles instead of dismissals. That said, some buzz words to get a dismissal and let the state know you arnt looking to come after them would be stipulating (agreeing) to a finding of probable cause in exchange for a dismissal. This means you are basically saying, yes an officer could have lawfully made an arrest but after digging into the evidence (wifes doctors letter) theres no case and therefore a dismissal. Be aware that while disarming the prosecutors reluctance to give a dismissal, this also serves as a waiver to later suing the prosecutor or the officer. GOOD LUCK and remember only present facts to the news!
 
So I got a call from the Deputy DA. She wants me to scan and email the letter from her doctor. Then we a phone conference Monday or Wednesday next week. We'll see how that turns out.
The news story just ran on Fox31 Denver-so they usually post the video after the news.
 
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i Just checked, and it is not up yet. 8:30 et.
 
You can find it on the live stream - you just have to play with the slider until you see the time on the TV broadcast in the lower left hand corner read about 5:31 to 5:32. Live Streaming

edit: I imagine if you don't watch it this evening, you probably won't be able to find it tomorrow unless they post the story in the news links.
 
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On a completely different note, it's really cool to see her face light up every time she walks up to you. My dad has Alzheimers and no longer recognizes who I am. I hope it gives you some solace that even in her diminished condition, you are obviously her rock. You must have been very good to her.
 
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Madmann , I’m sure you will be hearing from a large number of locals after they saw the newscast who will be offering their help,compasssion and more importantly, expressing their outrage towards your neighbor. I’m guessing they will let the DA know how asinine the charge is and the DA will want this to go away asap.
It’s amazing how uncompassionate people can be even when he new of your wife’s condition. Good people know the difference between right and wrong. Your neighbor is not a good person and he deserves the wrath of bad attention he is getting. Best of luck to you and your wife.
 
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Stay strong and it will hopefully all be over soon. Feel free to reach out if you need any additional legal advice. Of course, you know what they say about free legal advice: it's worth what you pay for it...nothing!

Seriously, feel free to PM me if I can answer any questions you may have. Good luck and God bless your poor wife and your misfortunes. Better days are soon ahead!
 
CL82 said:
The news team did a nice job with this. I wish you the best of luck with it. Keep us informed.
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It was a really nice piece, but I wish they had used your neighbor's name (it's part of the public record) to give him the full shaming he deserved.

Madmann...u guys are WAY too young to be be dealing with these issues....you are both in my thoughts
 
This is ridiculous. I am so sorry to hear about it. The officers were wrong to file a complaint, in my opinion, if they know the issues surrounding it.
Madmannsucks said:
So I got a call from the Deputy DA. She wants me to scan and email the letter from her doctor. Then we a phone conference Monday or Wednesday next week. We'll see how that turns out.
The news story just ran on Fox31 Denver-so they usually post the video after the news.
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Good for you. This is why we need media and newspapers. This person is not nice. That's the end of the story. I am sure your life is as difficult, and instead of helping, your neighbor made it worse.

I hope things get better, in some way, for you. God bless.
 
Just odd. Never really realized how social media works. Between the 2 links on the KDVR facebook page, there are 83 shares of this story all over the place. Not sure if it qualifies as viral...BUT? Feel free to go on their page and share the link.
 
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Mister P said:
Madmann , I’m sure you will be hearing from a large number of locals after they saw the newscast who will be offering their help,compasssion and more importantly, expressing their outrage towards your neighbor. I’m guessing they will let the DA know how asinine the charge is and the DA will want this to go away asap.
It’s amazing how uncompassionate people can be even when he new of your wife’s condition. Good people know the difference between right and wrong. Your neighbor is not a good person and he deserves the wrath of bad attention he is getting. Best of luck to you and your wife.
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FYI. someone on the Nextdoor sight posted the story with the title "I hope whoever you are that reported this feels ashamed of yourself as a human and neighbor".
So then, many of my neighbors that I have never met have offered to bring meals, walk with my wife, pay any fines and have a community BBQ in honor of my wife".
Many more have commented on what a jerk the guys is.

Here is one comment-Interesting.
So I googled the address, and discovered that on one of my walks, I had happened to stop there to take a cellphone pic of a magnificent sunset. Someone came out of that house and wanted to know what I was doing. (? wasn't it obvious?) I forget the rest of the conversation except that I felt I had to make excuses for having stopped there. ps I am a walking-impaired, great-grandma aged senior.

so some good is coming from this.
 
So I spoke with the DA on Monday. She was talking about mediation. Frankly if I was in the same room as the guy I don't know what I would do. I finally e mailed her and said no to mediation, but feel free to put her on trial. she called tonight and said she would dismiss the case. she also agreed to go to the judge on my behalf so I wouldn't need to lose time at work for another court date. she said if I was interested in mediation, they would pay for it. Common sense and justice prevailed in this one. Thanks to everyone for your support.
 
Great news! The DA knows the case is a loser for her. It seems a little weird that she suggested mediation after she agreed to dismiss the case, but no matter.

You have another career as an attorney in your future. Best of luck and prayers to you and your wife.
 
UConnNick said:
Great news! The DA knows the case is a loser for her. It seems a little weird that she suggested mediation after she agreed to dismiss the case, but no matter.

You have another career as an attorney in your future. Best of luck and prayers to you and your wife.
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So she initially offered mediation on Monday. I told her I would think about it. Then I emailed her and said, no thanks...but feel free to prosecute her. I added she is not capable of entering a plea. (She signed her understanding of her rights and dated it 12/24/86). So I said I was done and explained she has months to live and I was not going to spend any more time on this. She said she would still offer mediation and they would pay. I said no, I had no desire to negotiate with a bully.
 
Madmannsucks said:
So I spoke with the DA on Monday. She was talking about mediation. Frankly if I was in the same room as the guy I don't know what I would do. I finally e mailed her and said no to mediation, but feel free to put her on trial. she called tonight and said she would dismiss the case. she also agreed to go to the judge on my behalf so I wouldn't need to lose time at work for another court date. she said if I was interested in mediation, they would pay for it. Common sense and justice prevailed in this one. Thanks to everyone for your support.
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Sometimes common sense and logic win out and this was one of those times. So glad this worked out for you and your wife.
 
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