legal issues / and victem lies to police

Discussion in 'General Discussion' started by Homunculi, Dec 13, 2019.


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  1. Homunculi

    Homunculi Monkey++

    yes it has taken me several months to calm down from the legal issues from my neighbor ...
    as i went off and used bad terms to describe the situation ...
    i need help or some insight as to get this conviction off my record ...
    they called the police and lied to them ... telling them i was shooting their house ... i was not
    i shot at a tree in my yard as i have done for years ...
    i will not post the legal docs or names here ... but here is what i see has played out

    prior to the arrest her mother parked in a shared drive in the right of way of the drive ... her car was close to the color of there car ... i tapped it with my truck .. she called the police and told them i hit the car 4 times with my truck ... (F350 vs a elantra) ... the officer knew ...
    my ins could not get in touch with me .. she kept leaving notes on my door to get the issue resolved ...
    but the night of the issue when they had me arrested i fired my shotgun in the yard as i have done for years ...
    i think this is nothing but a get back for bumping into her mothers car ...


    here is the problem ....
    that night i got home ... they were parked in the right of way of the drive ... neighbor called and i helped him look for a deer he had shot but could not find ... graed my boots and peeled out of the drive because i could not get to my parking spot ...
    when i got back to the house after failing to locate the deer ... i blasted 3 rounds off into a tree ...

    they called the law... stating i was shooting their house (lie/false)
    the police left me alone and left .. telling me it is up to the prosecutor ... came back at 4 am and placed me under arrest 7+ hours after the call ...

    if i was so dangerous ... why was i not arrested on the spot ?
    and from the call to conviction ... why did the story go from ?
    "he is shooting my house" to
    "we are in fear for our lives" ... then
    conviction day .. i am convicted of "scaring a little girl"

    so my shotgun was forfeited (stolen by the police/judge based on lies of a drug dealer) i am not even allowed to have a sling shot ... no hunting .. no nothing ...
    had the neighbors tell the my lawyer .. and prosecutor my side ... he did not listen ... then the judge put the screws to me ....
    2 years reporting community control
    anger classes
    scram bracelet
    random drug screens
    no possession of a deadly weapon for 2 years .... (hammers kill more people than knives or guns)

    i still maintain .. i have done nothing wrong ... and if scaring a little kid is illegal then why not arrest clowns ... ban Halloween ... haunted houses ...ban the birthday clown services ... and firework shows ... as they scare children as well
     
  2. SB21

    SB21 Monkey+++

    Sorry for your troubles H ,, sounds like you're just a scapegoat for whatever reason . Sometimes the judge will ere on the side of caution ,, good or bad ,, right or wrong ,, sometimes you just can't win ,, these are some weird times we are living in ,, common sense is not so common anymore ,, and most times the normal people lose out over stupidity . That's why I keep to myself as much as possible ,, people suck ,,,
     
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  3. Thunder5Ranch

    Thunder5Ranch Monkey+++

    Not much help to be had here for this I would imagine. Might talk to yer lawyer about appealing. At the end of the day there is only your side of the story being heard here and there are always two sides to every story and the truth more often than not rest somewhere in the middle.

    What I can say is that in my experience this would be a situation where the police would not arrest you without the greenlight being given by the State Attorney. In many areas it is not uncommon for the police to come back and arrest someone a couple of weeks after a visit after the States Attorney decided what they were going to do.

    Using yer time of at 4am and seven hours after the call would have put you at 9pm out shooting. Sorry but I would either call the police or come over and wrap yer shotgun around yer neck if you were my neighbor disturbing my peace at 9pm with a shotgun. That being said I shoot at night a lot but my closest neighbor is 1/2 mile away with thick woods and underbrush between us. In other words you showed no respect fer yer neighbors rights in exercising yer rights. Just what I get from reading what you wrote.

    If you were convicted of a felony expect your time without firearms to be much longer than 2 years. Most convicts I know and I know quite a few. Can't own or handle firearms but do use Bows, Crossbows, air rifles, and sling slots without restrictions or breaking the law. Unless yer order specifies you are restricted from owning or handling those devices, I would check and clarify with my lawyer.

    But short of a successful appeal you will be living by the orders of the Court for 2 years.... Possibly more if it is a felony conviction.
     
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  4. snake6264

    snake6264 Combat flip flop douchebag

    I know here if you have issues with the law for ten years even if you are a felon you can have your record cleared
     
  5. BTPost

    BTPost Stumpy Old Fart,Deadman Walking, Snow Monkey Moderator

    BP Weapons are NOT FireArms under the Federal Statutes, so check with your Attorney, about possession of BP Weapons.... The Judge, may not understand the distinction between the two, and if his ruling is not Specific, you may be allowed to go the BP Route...
     
    3M-TA3 likes this.
  6. ghrit

    ghrit Bad company Administrator Founding Member

    H, this forum is not a legal forum. You're shaking the wrong branches. You need to do two things, right damn soon.
    -Siddown, let your lawyer do the yakking.
    -Do your "time" as ordered while he's yakking.
     
    Tevin likes this.
  7. Yard Dart

    Yard Dart Vigilant Monkey Moderator

    You mentioned her mother parked in a shared drive in the right of way of the drive.
    What is the distance of separation of your houses...what is the separation from where you shot the tree in your yard....and the neighbors house.
    If you were inside 300 to 500 feet of a residence, you would be booked in most AO's, depending on local ordinances.
    Here in WA, it is 500 feet from a residence.
    WAC 332-52-145:
     
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  8. duane

    duane Monkey+++

    Big problem in this world is we live in what we think we see and not what is actually happening. I wish it wasn't so, but my liberal neighbors look at the world in a different way than I do and believe what they think they see. If I see a man with a weapon pointed down and his fingers away from the trigger area, he is not threatening me, to the leftest liberal, having the weapon in his hand is brandishing it and a threat and intimidation. Lets face reality, guns frighten them and a realist airsoft weapon seen from a distance will get the police called and in some cases can get you killed by the police. A gunshot will get the cops called here and then after you explain your view to the police, if they so desire, they can tell the neighbor that you had ever right to shoot, but a notice of it will be in the police log and published in the newspaper. If God forbid, the police or the county attorney, ever decide that you have entered the neighbors "safe zone" and something needs to be done, all of your past reports will be "reexamined" and the actions taken may be based on a "pattern" of behavior and your legal actions may now be considered as illegal and you will have to hire an attorney and spend a $1,000, go to court, and still may lose. Had a shared driveway, lost a lot of my lot and spent $6,000 to put in my own driveway after a new person bought the house sharing the driveway. He was from the city and had no concept of using or maintaining it. Culvert plugged on his side with the leaves he didn't rake, water run across road and washed it out, didn't want me coming on his property to clean culvert, but I was supposed to pay for the gravel and bobcat as it was "my driveway" as my house entrance was beyond his. Had the frontage so I could, but if it had been a deeded right of way, I couldn't even done that. When I built this house in 1980, had one neighbor, related to wife, and we reloaded in his basement and he had a 100 yard private range. Shot from about 10 am to 5 pm and never on Sundays, and not unusual to have another neighbor show up with his guns to shoot when he heard us. House next door was sold, now 12 additional houses in close area, and no legal way to fire in any direction due to housing density. Still allowed to shoot woodchucks, etc,but target practice is gone. Grit my teeth, bend over backwards to be non threatening, don't shoot, don't talk to most of my neighbors, just makes both of us upset, and shoot a few miles away at a gravel pit at this point. Over half of my neighbors, enough to win at the ballot box, think guns are dangerous and should be outlawed and the local news papers and National Propaganda Radio agree with them, this in a state with a motto of "Live Free of Die". Lost the battle, just trying to be grey enough to stay out of their minds.
     
  9. oil pan 4

    oil pan 4 Monkey+++

    In Virginia the state can consider a bb gun a firearm if they want to.
     
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  10. oil pan 4

    oil pan 4 Monkey+++

    On Life liberty and levin they are talking about "accusations trump evidence".
    Sounds like your situation.
    You are guilty now a days just by accusations. If you can't prove your innocents you will be found guilty with no evidence. Even if you have evidence you still might be guilty.
    Clearly mentally ill, known habitual liar or liars can accuse people of shit with no evidence the accused person presents overwhelming evidence of their innocence proves the accuser wrong on all counts and the court doesn't even bother to go after the false accuser for pugery when the court has an air tight, slam dunk, hole in one multi count pugery case.
    The premise now is if some one accused you of something, you must be guilty.
     
    Last edited: Dec 14, 2019
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  11. Tevin

    Tevin Monkey+++

    In most areas it is illegal to discharge a firearm within a certain distance of an occupied structure. That you had done it "many times before" apparently without incident means absolutely nothing, except maybe you were just lucky and didn't get busted for it. Likewise, whether or not the neighbor lied about what you were shooting at also means nothing. The police show up and you are standing there with a gun in your hand. Who do you think looks more credible? You or the neighbor?

    Randomly shooting a gun at night in the vicinity of a neighbor you have a history of problems with is asking for trouble and shows a astonishing lack of judgement. It doesn't necessarily mean you're a criminal, it just means you're a guy who doesn't use his head before pulling the trigger...which can turn you into a criminal if you don't check yourself.

    That brings me to my next point: @ghrit is absolutely right. Blabbing on the internet about this is also horrible bad idea. Anything you say is "discoverable" and can be entered as evidence, and don't think the internet is anonymous.

    I'm going to be your friend and give you a little tough love: Keep your mouth shut. You do not present yourself well, or as someone who understands or even cares how your actions effect others. I were the judge and you said the things you said in your post, I wouldn't let you have a gun either. You come off as someone who does not have a firm grasp of their behavior and attitude. Maybe I'm wrong; I don't know you personally but that's the vibe I'm getting.

    Now get off the internet and go discuss your concerns with your attorney.
     
    Last edited: Dec 14, 2019
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  12. SB21

    SB21 Monkey+++

    I'm kind of slow sometimes , maybe not really slow , just some things don't click in my mind right away . But , if you think about this , in your title for this post ,, you stated , " the victim lied " ,,, that's almost saying you believe they were victims ,, which makes you ,,,, guilty ,,, I'm not saying you are ,, but you can see my meaning , right .
     
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  13. ghrit

    ghrit Bad company Administrator Founding Member

    This thread is locked. Several reasons, not the least of which it is way off the SM mission.
     
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