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  • AQT4U2XO

    So far the public defender has done nothing... he doesnt even return my phone calls, and when i DO get ahold of him he acts like i'm bothering him
    or he's busy... i'm really scared because my future lies in this mans hands
    and he doesnt even seem to be doing anything! i even brought to his attention the criminal background on this guy and how the county attorney tried to get his release denied because he feared he would offend again with violence, but he didnt even tell the county atty , i was hoping maybe the county atty would just drop the charges once he learned who the alleged "victim" was...but my public defender hasnt even told him.! should i write to county atty ?? as far as getting a lawyer goes... i posted a 25,000
    dollar bond... thats pretty much where all my money is tied up right now... i wish the judge would exonerate the bond so i could get the money back, i mean, its been 9 mo i've showed up for every single court date, im not a flight risk... thats the only way i could afford a lawyer, is if i got my bond back. any other advice??

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  • able1

    The public defender unfortunately is not going to do the best job for you in this complex matter...can you not arrange private counsel in some way...are there any chances to do so?

    Leave a comment:

  • AQT4U2XO

    Hi, I am in a similar situation...

    Where the one comitting the crime became the so-called "Victim"

    And the actual Victim was charged with a crime...

    I live in a retirement community, 55 yrs and older but i am only 38, its quiet here and no crime til one night i was expecting my friend to come over but she got lost so i walked to the entrance of the community and walked out onto the main street to watch for her coming, when all of the sudden a man driving a van drove by , noticed me , and abruptly turned the wheel and started driving all crazy and wreckless towards me, i thought he was gonna run me over so i scrambled to get out of the way but he stopped the van and began yelling out profanity's. He looked all crazy , like a long-stringy-haired maniac! he looked p**st off!
    I was like, What the Hell ?? and i put my arms up and made a gesture to him as if to say just that... "What the Hell Is your problem???" when he grew even more angry and threw the van into park, and hurriedly jumped out and started to chase me on foot... I was totally freaked, cause it was like 1am and it was dark and deserted, no one was around, and all the neighbors were in bed asleep, no ones lights were on, (since thier retired they go to bed early) so i am running for my life , tripping over bushes, etc... trying to get to safety, when he turns around and jumps back in his van and starts coming after me... afraid he might drive up on the sidewalk i ran behind the homes (which have no fences seperating them...) and began running behind them but at each space between the houses , he would be right there , driving along the curb looking at me with a pycho look on his face... i started to stumble over rocks and stuff, and my heart began to pound as i thought he was going to ultimately catch me, and do who knows what... i could see my house coming up in the distance, which still seemed to be miles away... but i contemplated whether or not i should go in, because i was afraid to let him see where i lived... i didnt want him to see which house i went into but if i wouldve kept running, he would have eventually caught me, no doubt... so i said, screw it, and ran in through the front door, locked it behind me, and sunk down to the floor just inside the hallway completely out of breath, and freaked out, ... he saw me go in, and i knew he was out there... my heart was pounding and i was trying to catch my breath and not cry, but i was exausted... just then i glanced into the living room, and panicked when i noticed that the front window was open and the blinds were drawn up some, (i was watching for my friend out the window) you could see right into my living room.. so i crawled on the floor on my hands and knees all the way into the living room and when i got up the window i stood up to close the window and blinds when i saw him standing outside the window peering in... I screamed when i saw him and he jumped back in his van and took off. I didnt have my cell phone to call the police, i couldnt even think straight to look for it, i was in a complete state of panic, and thought i was going to have a heart attatck... about 2 minutes later my friend finally shows up and knocks on my door... i was hesitant to open it, but to identify her, i asked her to tell me what her kids names were, which she did, so i knew it was her and i let her in... as soon as i saw her i grabbed her and held on to her for life, and began to cry as i explained what had just happened... i was visibly shaken and she was concerned,, i kept telling her he was gonna come back for me... he knows where i live... i know he'll be back , i kept saying. I just had this instinct and that alone scared me... for the next few days i was extremely jumpy, completely on edge and over-aware of my surroundings. To the point of hyper-vigilance. I was scared easily and my mind kept getting carried away in thoughts of this man hiding in my shower or in my closet so each time i came home, i would have to run into the bathroom and check the tub... and all the closets in the house before i could relax... each time i pulled up in the driveway i would imagine he was hiding under the porch or behind the shed which would totally freak me out and i would scramble to the the door and fumble with my keys trying to get the key into the door to unlock it, as i would imagine him coming up behind me, i would relive
    that night he chased me each time i came home at night. My friend said i needed to get away and go out of town for a while so i could relax cause i was was hypertensive, so we took off to afriends up North where i stayed for almost 2 weeks. I did begin to forget the incident somewhat and put it out of my mind and relax but when we finally came home... my front door was ajar about 3 inches... it had been closed when we left and i could only begin to think that, that man had been in my house... I was on edge again, and couldnt relax for one second, so i made the abrupt decision to move and get the hell out of there because i didnt know when he would appear next... i just knew that he would. This was all going on during the time the Baseline Killer was on a rampage so I'm already scared to death as it is-

    I ended up buying the place down the street, still in the same quiet community but about three streets over and around the corner... it was enough distance away to where i felt safe so i began to move my stuff over there when i only had the stuff left in the garage to move-
    i was almost done, and felt a sign of relief as i anticipated being elsewhere..
    as i am in the garage packing things up and putting them in the driveway i look accross the street and notice a man sitting in a truck watching me...
    suddenly sheer terror flowed through my blood when i noticed it was the man who had chased me that night... i'll never forget his face... it was like stone... chisled... and angry looking... a face you most definitly would never forget in a lifetime... i would recognize this man in 50 years from now if i saw him. in a state of panic, thoughts began to race through my mind... like, how long has he been sittin there watching me...? and more importantly... did he see the house that i was moving into?? if he did, i had just moved for nothing, because now my safety was again compromised. at the thought of this man knowing where i lived once again, i paniced.. i got upset, BECAUSE I DIDNT WANT THIS MAN TO HAVE CONTROL OVER ME AND LIVE MY LIFE IN FEAR...

    then i remembered my ex had an old broken jammed up gun in the garage
    which was not loaded... (i was sure of it because i dont like guns and i had made him check it real good and it was completely empty.) Desperate, and just wanting this man to go away and leave me alone for good... i did what i thought was the only thing i could to perhaps scare him into thinking i was armed and ready to defend myself... i picked up the gun... (not by the handle though... i picked it up by the barrel) even though i knew it was unloaded
    i still have a fear of guns just incase there may be a bullet lodged up inside there somewhere, you always hear stories about people getting shot with guns they thought were not ;loaded, so i was careful to take that into consideration.. i then walked down to the end of my driveway and into the street and held the gun up (by the barrel still) and i pointed to it with my other hand and said to the guy, "If you come anywhere near ME or my HOME , know that i am armed and wont hesitiate to protect myself- KNOW that you WILL get SHOT!" ...just then, he gets that same totally p**st off look on his face and his eyes filled with rage as he jumped out of the truck and came at me like he was gonna body slam me... i was frozen..i just stood there, it was all in slow motion but happened quicker than i can even think,
    next thing you know, he just grabbed the gun and YANKED it right outta my hand... THEN... he grabs ahold of my tote bag i had over my shoulder (with my personal belongings, kinda like a purse) and just yanks it right off of my shoulder and takes off!! i was all freaked out and i ran to the neighbors house yelling for him to call the police! call the police!! " I " summoned the police to MY residence... MY address. I was the one in distress... NOBODY called the police on ME- " I " called them... yet when they show up... I am
    am treated like I WAS the criminal !!

    I ran franticly outside to them when I saw them pull up and i was so distraught i just began to cry and hyper ventilate , i was trying to get out what had happened, but started to go into respiratory distress and had difficulty breathing... i asked them if they would get my inhaler for me at my house but they never did... instead they found the man who had taken the gun from me and my bag, both in his possession. he tells them that i had put the gun up to his head and told him , "I'm gonna blow your F' king head off!!!"
    ( which is so cliche' and I would NEVER even use that term, how lame!) he said he grabbed the gun from me to disarm me for his own safety and the next thing I know... i am being placed under arrest for aggravated assault with a deadly weapon, a Class 3 Dangerous Felony!!

    The Statute reads that the alleged "Victim" must believe his life is in danger
    and be in FEAR for his life. even if there is no "physical" assault- a verbal threat that leads a person to believe thier life is in danger and they are in fear for thier life, constitutes aggravated assault.

    If he were TRUELY afraid of me and feared for his life... he sure was BOLD enough to grab the gun out of my hand- he grabbed it because he KNEW
    i was scared and didnt know how to handle a gun, he had to have known by the way i was holding it- by the barrel ? C'mon. He didnt believe hw was in any immediate danger... if he did, he wouldnt have snatched that gun out of my hand in such a "No Fear" kinda manor.

    Anybody who shows no regard for the law and assaults a police officer (especially a female officer) tells me that this man isn't afraid of ANYTHING.

    Certainly NOT me. At a Buck 0 five and petite, visably shaken and scared,
    I refuse to believe I was a threat to him.

    But I was taken into custody anyway-

    My bond was 25,000 dollars which took me a month to post, and i plead not guilty. I am currently taking the case to trial... its been about 9 months since this happened, and i have a public defender who is not doing his job... i am doing all the leg work for my case... including digging up this mans past criminal history which consists of Assault to a female police officer (which in the report, tells of how he showed up on the scene out of nowhere , in a stealth like fashion... and began shouting out profanities to the police officer who was in the middle of taking statements from witness's in a bad car accident...( just in the same manor he appeared the night he chased me down, came from out of nowhere and began yelling and shouting out profanity's! he's got some kind of anger problem and I think its against women, thats what his past seems to indicate) the officer then warned the man to leave the area immediatly but he would not... he kept yelling,

    "I dont have to F'in leave..."
    "I dont have to do sh**t you say!"

    after a few minutes of this, the officer reaches for the mans arm to cuff him, for failing to obey her orders and he flings his arm out of her grip and turns around and shoves her to the ground where she injures her hip...
    2 male citizens came to her rescue and subdued the man and held him down until back up which he fought and resisted them and copped himself a resisting arrest charge. he also has , as the county atty put it, "Numerous disorderly conduct charges, several criminal damage charges, numerous trespassing charges and numerous disturbing the peace
    There were also a few drug arrests and FTA's but no convictions.
    He was released a few days later to Pretrail services but against the warning of the county atty , who states on the pre release interview, that he is concerned with the safety of others and "doesnt want this man released
    in fear that he may offend again with violence"

    He also has a court ordered restraining order to stay away from some girl
    he keeps bothering, which he repeatedly ignores and keeps showing up at the halfway house where the girl is lives and getting her in trouble by bringin her drugs and causing her to relapse. the halfway house reports that they have heard many phone conversations between the two, talking about drugs and illegal activity which they report to the court, who in turn issue an order for the girl to stay away and not have any contact with him whatsoever, or she will be in violation of her probabtion, and that he is NOT allowed on the property of the half way house residence... in the end the girl gets violated and goes to prison.. he also has many child support judgements in small claims justice court and is a repeat offender in all he has been arrested for. Ultimately, in the end... they drop all these charges in a plea barain, a sweetheart deal if you will, including interferring with government operations, and gets a measly resisting arrest charge with 6 months probabtion and a 200.00 fine , which he completes and his charge is dropped down to a misdemeanor.
    the court also recognized that he has some major anger issues and ordered him to undergo anger management therapy... which- i dont think did him a bit of good, in my opinion... Me, on the other hand, am a nurse and have been in my field for 18 yrs... i am not a threat to society, and i am a good person. And I am empathetic towards human beings and love helping others,
    And now I face uncertainty in my career and my future while this deranged pychotic anger-freak is out runnin' the streets free, to chase after someone else... who may not be lucky enough to get away from him... I mean... Even the prosecutor had serious concern over him being released, and made a recommendation to the court to deny his release/bail. Obviously they see
    he's a ticking time-bomb, yet they arent doing anything to investigate MY allegations. IM THE ONE WHO CALLED THE POLICE- THIS MAN WAS IN A CERTIFIED CRIME FREE COMMUNITY, where you have to pass a background check in order to reside on the property, and now because it was reported to the homeowner's association that I AM THE ONE WHO COMITTED A CRIME and WERE NOT informed that some weird man is prowling the propery and is a
    potential danger to women, which I am SURE the elderly ladies living there would want to know about, I am not allowed to return to my home. And because it is the "alleged " scene of the crime I am ordered to not return the scene where the crime took place- which was right in front of my house-
    NOT HIS , but MINE.
    so now i am forced to live with a friend while my house i just bought sits there
    while i still have to pay the property lot rent every month. if i am caught on the property at all , i will be arrested and charged with criminal trespassing on private property , which will vioalte my release conditions and I will go back to jail with NO BOND and sit there until my trial date which will be quite a while because I have been diagnosed with post-traumatic stress disorder
    ( i was abducted by some man as a child but got away.. and in 1999 i was brutally attatcked by a deranged man, who the police witnessed attacking me right in front of thier eyes, they managed to get him off of me but he broke loose from them and proceeded to attack me again right in front of them... choking me and trying to throw me over a 2 story balcony. he broke one of the cops noses and trashed my home in the proccess... the courts made him register as a sex offender saying that he was a sexual predator who hadnt yet perfected his technique. which he was trying to do with me the night he attacked me... he was grabbing and groping at me while simultaneously slamming my head into the wall...) because of the previous attatcks on me, and now this attempted one... I have a fear of it. The Pych Dr. in jail diagnosed me with post traumatic stress disorder and Rule 11 proceedings began... after 3 evaluations... all 3 Dr's agreed that I was traumatized and i was deemed to be incompetant to stand trial , emotionally distraught , unable to assist my atty with my defense... NOT because i do not understand the legal proccess, i explained the role of everyone in the entire legal proccess and judicial system from the Judge, & The Jury to The Defense Council and The Prosecutor- i know what a plea bargain is, which I wouldnt sign - what all the court proceedings and hearings are, from the Initial appearance, the arraignment, pretrial confrence, a settlement conference, a plea acceptance/signin of plea , a status conference, The Trial , sentencing permeters, The minumum , presumptive, and the max - which for me will be 11.25 yrs if convicted and a minimum of 2.5 yrs- which was what my plea bargain was for- probabtion is not available because i have a historical prior, for having a cell phone in my moms name... with my mothers concent and even her suggestion... she was worried about me and all she wanted was a way to get ahold of me since she lives in another state-so she had me get a cell phone in her name because i couldnt get one without a huge deposit.. so i used her information for the service and i was later arrested and charged with forgery , which the judge ended up reducing to possession of a forgery device but i violated probabtion for not paying a fine and did 8 months in jail and the day i was released my father died and i went to the funeral which was out of state and with the probabtion officers permission but failed to pick up my travel permit before tleaving the state so when i returned i had another probabtion violation, just 2 weeks after being released from an 8 month sentence, so instead of going back to jail for another 6-8 months, I just revoked my probabtion and had the all the back time to fulfill the presumtive sentence it carried so i didnt have to serve any DOC time , just 1 day for proccessing but I had to end up with this charge
    on my record because of it- even though my OWN MOTHER wrote the judge a letter explaining the cuircumstances and that she had suggested i get a phone in her name and that i had her consent, they still didnt have any mercy on me... so thats why probabtion is not available in this case.... just prison. i am preparing to undergo restorative treatment and as soon as they find me fit to stand trial I will be going...& if i'm found guilty... for sentencing.

    13 1/2 = 12 jurors ; 1 judge ; 1/2 a chance !!

    Can you give me any advice ?

    I'm looking at a very Loooooooong time !!!

    Thank you

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  • Unregistered
    Guest replied

    You may email the lawyers at World Law Direct at [email protected] and reference [crim 485d]. WLD lawyers will help outline a strategy for you to deal with this. The post you made is also on file with WLD staff.

    Leave a comment:

  • nomuf2tuff


    can you please help me understand a few things???

    1.) what makes you cross over that fine line from self defense to agg. assult??

    2.) How can they all of a suden turn a agg. assult charge into first degree burglery?? and if they really had grounds on that bogus charge wouldnt they of arressted both the people involved. (the two that came together?)

    3.) can they use you prior felony convictions against you if they are more then 10 years old?

    Theres a good man a innocent man getting completely f?&$#^%ed bythe system..I dont have alot of money but im willing to give everything i own to help this there sommone out there that cares about the true meaning of justice??? They made the real criminal in this case the victim...and the so called victim has been convicted of two crimes since this inicident one being burglery which is what this creep does for a living and his 2nd one drugs...if this man is a "victim" then im the virgin mary. please from my heart will someone help us??????
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