I fought the law and the law won.
Posted Mon Oct 12, 2009 05:58 PM
Went to the station and found out I was charged with "violation of the grass and weed ordinance"(grass in my yard too high) by a city inspector who obtained a warrant for my arrest. I didnt have to post bond, just sign a promise to appear. Was checked for wants and warrants and then released. One of the conditions of my release is that I cant leave the state until this matter is resolved in court. First court appearance is next week.
I did get hold of the inspector, who came by, saw that my grass was cut, and said he would agree to a "deffered judgement" in court meaning if I didnt have any similar charges brought in the next 6 months he would ask the judge to dismiss the charge. No problem. Moving right along..
I went to apply for a CCW permit recently and it got rejected saying I had a domestic violence charge and a restraining order based on my first wife beating the shit out of ,me in 1989. I didnt lay a hand on her. Neighbors called the cops on us after hearing screaming and things breaking and when the cops showed up she started yelling "he hit me!" Never mind there wasnt a mark on her and my face looked like id been locked in a cage with a Bengal Tiger.
Cops didnt want to hear it. Was cuffed and taken to jail. The magistrate didnt want to hear it either and ordered me held without bond pending a court appearance. Problem was this was a Friday evening and Memorial Day weekend, so I wouldnt be going to court until Tuesday.
After a fun filled weekend in one of the worst jails in the state I was taken in shackles to court that Tuesday morning. The judge didnt want to hear it either saying this was an arraignment not a trial. I was hoping to get released on bail; my older half sister Pamela, a paralegal, was in the courtroom ready to post bond for me.
The judge denied bail citing the "seriousness of the charges" and ordered me taken back to jail. He did allow me to have a minute with Pamela who assured me "I will have you out today." She called her boss, who at the time was a prominent local attorney(now deceased sadly) who went to with Pamela to meet the judge in chambers that afternoon. At 5pm a jailer said to "pack your shit". I was taken downstairs to booking, allowed to change into the clothes Pamela had brought me since the clothing I was brought in with was held "as evidence", then taken across the hall barefoot to the magistrates office(Pamela forgot to bring shoes lol) and released into her custody. I was also handed a restraining order barring me from contacting my wife in any way or asking others to contact her for me. I was also barred from going in my own apartment. I would later have to go to court to get my property back but thats another story.
Pamelas boss represented me (for free I may add) and at my trial the judge(not the same one I had at my arraignment) found me not guilty. End of story? Not quite.
I have had several background checks done on me over the years and none of this ever came up. My airline job, management jobs, landlords, have all checked my background and this was never an issue.
Pamela is retired now and hasnt worked as a paralegal in years and as I mentioned earlier my younger sister Cindy is a deputy sheriff; both of them told me the same thing:
A finding of "not guilty" doesnt mean its like it never happened. Then theres the matter of the long expired restraining order. Neither one of them could explain how a long expired restraining order could have any effect after 20 years.
When I was booked the jail medical department had me disrobe so they could take pictures of my injuries. Cindy, who works in another county, got hold of my booking pictures and the police report and said my ex should have been charged with a felony and that according to the responding officers had 'no visible injuries".
I actually winced when I saw the pics. Laurie used her hands and feet to pummel and scratch me and I was black and blue all over and my face was scratched so bad I couldnt shave for a week.
Pamela has the pics and the police report and said shes going to ask the prosecutor, a friend of hers, to move that the records of the case, including the restraining order, be purged.
And the saga continues...
Posted Mon Oct 12, 2009 06:26 PM
Posted Mon Oct 12, 2009 07:02 PM
Posted Mon Oct 12, 2009 07:32 PM
Posted Mon Oct 12, 2009 08:38 PM
Well it was an arrest warrant but the type that can be served without a bond being required. In fact the magistrate wrote "PTA" (promise to appear) on the bond section.
Posted Tue Oct 13, 2009 02:12 AM
Posted Tue Oct 13, 2009 04:31 AM
The second amendment should say free law not free speech...
Posted Tue Oct 13, 2009 07:52 AM
psh, around here theyll fine you for putting your garbage cans in the wrong place.
Posted Sat Oct 17, 2009 05:52 PM
I do have a misdemeanor pot charge from long ago but she said that shouldnt have any effect either.
One interesting thing she brought up today during our conversation: Cindy is a carreer corrections/law enforcement officer and has been since she was 21(shes 38 now). While she was with the DOC(Department of Corrections) in another state the Lautenberg Amendment to the Gun Control Act took effect, prohibiting anyone with a domestic violence conviction, no matter how long ago, or an active restraining order from ever possessing a firearm. Her department immediately suspended all officers who were affected by the new amendment and confiscated their issued weapons, uniforms, and badges. All were soon fired. This scene was being played out in correctional and law enforcement agencies throughout the country.
Her supervisor, a lieutenant, was arrested last year for smacking his wife. Though he beat the charge eventually on a technicality the sheriff immediately demoted him to deputy, took away his badge, weapon, and uniform, and forbade him to engage in any law enforcement or corrections functions at all including serving papers, saying he is satisfied the offense occured and if the LT wasnt less than a year from retirement he would have fired him. He spent the rest of his career answering phones in the Civil Division office, not allowed to attend roll call or enter the secure area of the jail. He retired quiety over the summer.
All in all, just not worth it.
Posted Tue Oct 20, 2009 07:36 PM