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False Summary Harassment Charge Options

Discussion in 'Donut Shop' started by ShelbyGT5HUN, Sep 26, 2017.

  1. ShelbyGT5HUN

    ShelbyGT5HUN Well-Known Member Established Member

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    In PA....

    Neighbor problems for two years, we each own very large wide open 1 acre plots. I was quietly working along the property line, and 30 mins in, they release their dog on purpose, to let it bark at me through the fence, which is 10' removed from the property line. I yelled at him (no cursing), to take the dog back, and he said he didn't have too. Back and forth it went. He then says he's calling the cops, I said go ahead. They have been dying to get me in trouble, and took my request to keep their dog from barking at me, and flat out lied to the State Policeman that during the conversation I said, "I will kill your dog." That was never said, yet the officer believed them. After he interviewed me, the officer said everything was good, and "We don't want to have to come back." I thought that was that.

    I have no video, but they do. Not sure about sound, but we were over 200' from any cameras. He might also not want to show the video because, it would show him running to the gate, to get around his fence and trying to pretend to start a fight, even though I know he was bluffing. I didn't say that happened, but perhaps I should have, and he might be looking at a ticket?

    Well a month after the incident, I got a summary citation in the mail for violating Title 18 Section 27 Subsection 2709 (a) (3) "engages in a course of conduct or repeatedly commits
    acts which serve no legitimate purpose" relating to the dog argument.

    Keep in mind that the officer also wrote "we have been here 4 times in two years". Each time they came, it was for no legitimate reason. Each time the State Police came, a different officer came. So this last officer didn't come those 4 times. The reasons given for each time they called 911 were (over a two year span). I called one time against them for #3.

    1) taking pictures of their new construction (no ticket given as this is legal)
    2) said I was looking at them from my window which is over 250' from their property. All I was doing was talking on the phone, they took that as me staring/harassing them. No ticket.
    3) Neighbor flashes a deer spotting light at random times in my windows. I said do it again I'll call the cops. He did, and I called. No ticket to either side given.
    4) The last time is this dog issue.

    I need to know why I feel the officer chose their side. The wife over there is extremely good at crying and being dramatic, and I think the cop fell for it. I've never been arrested or charged with anything, and feel this is such a blatant example of lying to the police, I just can't believe it.

    I'm looking to hire a $1000 attorney, to fight a $35 ticket, because it's the principle of the matter I'm fighting for. Is this a case worth fighting, and if I somehow am found guilty, what should I expect? A fine, probation, or is it just this one time $35 fee?
     
    Last edited: Sep 26, 2017
  2. silver03svt

    silver03svt Heavy Handed Guidance Counselor Staff Member Super Moderator

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    Hire an attorney, fight the charge, and then buy yourself a good home camera system with wireless mics. Wear the mics when you are outside to record things. Eventually, you may have a case against your neighbors for harassment against you.
     
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  3. SID297

    SID297 OWNER/ADMIN Staff Member Administrator

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    All this plus sue them for wrongful prosecution when you beat the current case. The prosecutor will have to prove intent to get a conviction and that's going to be a hard row to hoe.

    Keep in mind that this is a criminal offense, and while I'm not familiar with PA law, I have a feeling that if you plead guilty you will end up with a criminal conviction on your record.
     
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  4. Russo

    Russo Unofficial Glass Tech Established Member

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    if they have evidence, they have to present it to you so you can establish a viable defense for it.. if they don't it wont't be admissible in court...
     
  5. ZYBORG

    ZYBORG Let's roll.. Established Member

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    This just sucks.... how old are you guys, 12?

    Just kidding... you might wanna invest in some good portable / concealable cameras.
     
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  6. 50stangpower

    50stangpower Well-Known Member Established Member

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    You cannot record voice on you home security cameras.
     
  7. silver03svt

    silver03svt Heavy Handed Guidance Counselor Staff Member Super Moderator

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    This is called a Motion for Discovery.....a good lawyer will handle that.
     
  8. silver03svt

    silver03svt Heavy Handed Guidance Counselor Staff Member Super Moderator

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    I'm sure if you look hard enough, you can find something that will work...it only took me 3 minutes on Ebay. Come on man...this is America!
     
  9. 50stangpower

    50stangpower Well-Known Member Established Member

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    not legal in the court of law... its called wiretapping. Check you local laws for exact rules.
     
  10. Black02GT

    Black02GT *Not 2KBlackGT Established Member

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    I think he meant PA is a two party consent state

    Edit: Got beaten to it
     
  11. PaxtonShelby

    PaxtonShelby 5.4 3-valve sucks big hairy donkey balls Established Member

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    image.jpeg Heard a story about a neighbor ( neighbor 1 ) giving his neighbor ( neighbor 2 ) a hard time legal-wise because the house 2 was building blocked 1's mountain view. Apparently things got pretty heated. In the end, 2 built the house, and installed an interesting attic vent as a constant reminder to 1...
     
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  12. GNBRETT

    GNBRETT Well-Known Member Premium Member Established Member

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    wrong. its only illegal when a 3rd party is recording ur conversation with someone else without you or the other parties consent.

    anyone can record anyone else whenever they feel like it when the camera is on their property.

    I can surely go out and have an argument with my neighbor and record the conversation because I am aware its being recorded. ONE of the TWO parties must be aware of the recording.

     
  13. Black02GT

    Black02GT *Not 2KBlackGT Established Member

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    That's one party consent, PA is two party:

    "Pennsylvania's wiretapping law is a "two-party consent" law. Pennsylvania makes it a crime to intercept or record a telephone call or conversation unless all parties to the conversation consent. See 18 Pa. Cons. Stat. § 5703 (link is to the entire code, choose Title 18, Part II, Article F, Chapter 57, Subchapter B, and then the specific provision)."

    The law does not cover oral communications when the speakers do not have an "expectation that such communication is not subject to interception under circumstances justifying such expectation." See 18 Pa. Cons. Stat. § 5702 (link is to the entire code, choose Title 18, Part II, Article F, Chapter 57, Subchapter A, and then the specific provision). Therefore, you may be able to record in-person conversations occurring in a public place without consent. However, you should always get the consent of all parties before recording any conversation that common sense tells you is private.

    The question is where is it taking place. If the neighbor is on his own property it definitely wouldn't fly. You can't point a directional mic at you neighbor's window and I'd imagine his yard is considered private too.
     
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  14. cbj5259

    cbj5259 Well-Known Member Established Member

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    OP, my guess is that the video shows something on it that warrants or at least backs up the complainants claim. The individual officer does not need to be there himself/herself each time to indicate on the citation that other officers from the agency have responded for similar complaints. Those other officer's reports are public record and available to be used in court. The grading is a summary offense, so it's weighted no higher than a traffic citation. Discovery, in misdemeanor cases is generally taken care of at the trial court level but since it's a summary case you have the right to see the video at the district court level as the local DJ will be the one to adjudicate the case.
    The trooper is obviously filing the citation on Information received and not firsthand "on view" knowledge. If they do not have the video available for the hearing then the only evidence they have is the testimony from the alleged victim and it's a "he said, she said" case that most likely will get tossed (unless there was a corroborating witnesss)...but I'm guessing the video has something else on it since charges were filed this time and not the previous 3 times they responded.

    Sent from my SM-N950U using Tapatalk
     
  15. HISSMAN

    HISSMAN The Great Bearded One Staff Member Super Moderator

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    Put up cameras with mics. Then place signs at intervals where each sign is visible from the next stating you are recording audio and video.
     
  16. PhoenixM3

    PhoenixM3 Hello Kitty Slayer Established Member

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    Get a bigger dog. Leave that ****er out all the time.
     
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  17. ShelbyGT5HUN

    ShelbyGT5HUN Well-Known Member Established Member

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    Thanks for the replies!

    I get great information/advice for my car, my life, and even a good laugh from all the different areas on this Forum! It is the best one out there!

    I hope they bring the video, as it will show me quietly working in my yard for 30mins, then the releasing of the hounds, to bark at me. I highly doubt the neighbor will bring it, because it would show him in a very negative light, and it will show me never leaving my property in any way. If PA is a two party State, he definitely won't bring it, especially if he is recording audio. His system was bought through AT&T, so I doubt they would have installed outdoor cameras with mics, just to save people from a lawsuit. Even if there was audio, it would clear me, so again, if you have the video, bring it!

    ------------------------------------------------------------------------------
    A little background, everyone in this 20 house / 1 acre per house development, are in their 40s-50s, these people moved in, replacing the nice quiet 75 year old couple, with no dogs, who always went inside by 5pm, with whom I had a good relationship, and I got two barely 30 year old Millennial Snowflakes, who LOVE to "entertain". I am not a Snowflake, and come from a vastly different generation, where a man is a man, and you respect the police (not use them as a tool). They hated my Trump sign as well.

    On the 2nd visit from the State Police, the Trooper told me the neighbor's wife, "Has high anxiety issues." From day one, it's been a fight with them starting with the property line. Long story short, we found both boundary pins (after a few weeks of searching), and I was right (referring to where the line was). They just wouldn't listen!

    He's fired a professional grade aerial rocket into my yard, which I recovered, gave to the Trooper (on one of the calls), and the Trooper basically said to pound sand! Really? PA has very strict fireworks laws, and what he did was totally illegal AND recklessly endangering as well!

    We also have a spotlight law in PA, you are not allowed to use them after 11pm, and under no circumstances are you allowed to shine it on a structure. He admitted to doing it to the Trooper, and the Trooper didn't cite him for that either! In fact the Trooper didn't even know there was a law against it! he has used the deer spotting light after 11pm numerous times. Read #3, highlighted in red:

    -------------------------------------------------------------------------
    Spotlighting Wildlife: It is unlawful to 1) spotlight wildlife while in
    possession of a firearm, except by individuals who have a License to Carry
    Firearms permit, and only with firearms authorized by the permit (most
    sporting arms are not authorized), bow and arrow, or other device capable
    of killing wildlife; 2) spotlight wildlife during the regularly scheduled statewide
    antlered and antlerless deer seasons 3) cast an artificial light upon any
    building, farm animal or photoelectric cell. Recreational spotlighting is
    lawful between sunrise and 11 p.m., except as previously noted.
    Spotlighting
    includes handheld lights, accessory spotlights on vehicles and
    vehicle headlights when intentionally used to locate or view wildlife. A
    person hunting raccoons, skunks, opossums, bobcats, weasels, foxes and
    coyotes on foot may use a handheld light, including a gun-mounted light.
    Furbearer hunters still may not use a flashlight or spotlight that projects a
    laser light beam,
    though.
     
  18. RDJ

    RDJ ZERO shits given Established Member

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    you need to start keeping a VERY accurate record of everything that occurs between the two of you. Tell him that you are recording with sound everytime you walk out of your house to put him on notice. you may not be able to record coversations but you can certainly record his dogs barking at you. /as has been said invest in a good quality outside camera system
     
  19. jbou91

    jbou91 Active Member Established Member

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    Take a shit on his lawn every morning
     
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  20. ShelbyGT5HUN

    ShelbyGT5HUN Well-Known Member Established Member

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    Called the courthouse today.

    The clerk talked to the Judge, he looked at the citation, and read its totally one-sided presentation of what happened, and decided $50 fine if I plead guilty or no contest. He could have made it up to $300 90 days in jail. The clerk kind of made a joke like, "You know this is basically a traffic ticket." I said I need to clear my name and send these jackasses a clear message. I also want to speak to the DA about filing charges against them for false reports. It CLEARLY says in the same statute, that I was cited under, words to the effect, "anyone who knowingly gives false information to LEO, under this law, is subject to false reports." God I sure hope someone in the DA's office sees it my way on this matter.

    So this gives me the impression, it's not a big deal to the Judge, making me more CONFIDENT that with an attorney, and true presentation of the facts, I am likely to get this dismissed or found not guilty.

    Hope to hear back from an ex-Vet/JAG lawyer I found locally. He's been an attorney for 30 years, and has even made a case in the US Supreme Court. Seems like my kind of guy.
     

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