pandabear1991
Well-Known Member
I have mentioned in a previous thread about my unruly-well-known troublesome-neighbors. Despite my efforts to keep the peace and ignore their dogs destroying my property, I did end up pressing charges against them for disturbing the peace--I had an officer talk to them about the manner a few months ago because them and their traffic often plays window-throbbing-loud music at night and during the day. My neighbors ignored my efforts to have an officer request for them (I will not ask them directly, they have threatened me before as well as verbally trespassed me from their property) to be respectful of the disturbances, as it was keeping my night shift working husband awake during the day, and my 6 year old son being woken at night. They ignored this and played their music louder and more often instead. When I pressed charges, my neighbors retaliated and made up a version about an incident in which I have a video of.
Since the parents were not home when their 17 year old daughter verbally attacked me, in front of my child while we were cleaning our property in our back yard, they had no idea I had a video. When we got to court yesterday morning, the County Prosecutor took me and my husband outside of the court room (Justice Court) to talk to us. His exact words "You can drop these charges. These are petty charges and you will be looking at jail time because they are petty and the judge will find you both guilty..." First of all, I was never offered a court appointed attorney. I was told by the judge on the plea date that if I did not have an attorney I could represent myself. I did not hesitate to let this County Prosecutor know that I have video evidence of the disturbance and also of the incident in which I am defending myself against "simple assault against a minor." Of course, my neighbors made it a point to sit in the very back at the edge of the bench--you could see the man's head poking out the door to hear what was being said. Therefore, during the 10 minute break, he and his family had to make up another version of what happened, to try and have something to use against me.
Like I said, I offered to drop the charges and walk away if they did. Of course, them being the type of people they are (constantly looking for a fight) the charges could not be dropped. While making my statement about the music, and offering my evidence, the neighbors denied everything, and made statements (along with several other ones) about how they could not control what their traffic/company does in their vehicles. Also during all of this, both the man and woman consistently yelled, threatened, and spoke out of turn--to the point the man was arrested. He was asked 2 times to stop interrupting. When his 17 year old took the stand to give a statement, he became upset with her because she stated she was not around her brother when the incident happened, and that her Step-Dad was. Which he wasn't, but he was trying to feed her words while she was on the stand out of turn, the Step-Dad was arrested for contempt and his side was not heard. Although when he was brought back after ward, the judge made the statement that he had good reason to be upset. While defending myself, my video evidence was never allowed about the simple assault incident, and also my questions were responded to by the judge with "I don't answer those questions. Those are for an attorney to ask/know..."
Until today I had a clean record. I have a 6 year old son and now I have been found guilty for "simple assault against a minor?" I was told I could appeal, but what good would it do me if the judge was determined to find us both guilty from the get go for not "keeping the peace?" I don't know how much peace I can keep? I also have videos from simply walking outside to my car of them verbally harassing us (name calling/slander etc.)--which of course meant nothing because that's not what the charges were for. As far as the dogs go, the judge even said if they were caught on his property, he would shoot them. But, even when he said it, the neighbors made threats about what would happen if we did such. We are literally prisoners in our own home, have been since October of 2014. The judge also advised me and my husband to move.
What irritates me the most about this, is that of all the officers that could have been there in court that day who are familiar with what the disturbances, the only one that was there to defend the neighbors was the one who persisted to tell me that I was instigating situations with my neighbors (when he told me this, he had only responded to 1/12 of the calls). I live in a town of less than 4000. Everyone knows everyone and I am not from here. The neighbors made lots of statements about how officers are tired of responding to my "petty calls." They are also trying to press charges against me for "stalking and harassment." I have tried my best to keep the peace with these neighbors, and I feel at this point that if the same judge who recoged me for the simple assault would have been the one to handle the case, things would have been different. I don't have the money or the resources to move at this point. I really don't know what else to do either.
I am not that familiar with the laws in Mississippi or Itawamba County, but I have been researching all night trying to find legal help/aide. I do feel that if I go back to the Clerk's Office and ask for an Affidavit of Hardship for a Court Appointed Attorney, as well an appeal, it will get me nowhere. I do not feel the judge will approve and I am not sure if I can have an attorney at this point. I will be checking into this matter tomorrow, but I still feel hopeless in this situation.
Any advice would be amazing and greatly appreciated!
Since the parents were not home when their 17 year old daughter verbally attacked me, in front of my child while we were cleaning our property in our back yard, they had no idea I had a video. When we got to court yesterday morning, the County Prosecutor took me and my husband outside of the court room (Justice Court) to talk to us. His exact words "You can drop these charges. These are petty charges and you will be looking at jail time because they are petty and the judge will find you both guilty..." First of all, I was never offered a court appointed attorney. I was told by the judge on the plea date that if I did not have an attorney I could represent myself. I did not hesitate to let this County Prosecutor know that I have video evidence of the disturbance and also of the incident in which I am defending myself against "simple assault against a minor." Of course, my neighbors made it a point to sit in the very back at the edge of the bench--you could see the man's head poking out the door to hear what was being said. Therefore, during the 10 minute break, he and his family had to make up another version of what happened, to try and have something to use against me.
Like I said, I offered to drop the charges and walk away if they did. Of course, them being the type of people they are (constantly looking for a fight) the charges could not be dropped. While making my statement about the music, and offering my evidence, the neighbors denied everything, and made statements (along with several other ones) about how they could not control what their traffic/company does in their vehicles. Also during all of this, both the man and woman consistently yelled, threatened, and spoke out of turn--to the point the man was arrested. He was asked 2 times to stop interrupting. When his 17 year old took the stand to give a statement, he became upset with her because she stated she was not around her brother when the incident happened, and that her Step-Dad was. Which he wasn't, but he was trying to feed her words while she was on the stand out of turn, the Step-Dad was arrested for contempt and his side was not heard. Although when he was brought back after ward, the judge made the statement that he had good reason to be upset. While defending myself, my video evidence was never allowed about the simple assault incident, and also my questions were responded to by the judge with "I don't answer those questions. Those are for an attorney to ask/know..."
Until today I had a clean record. I have a 6 year old son and now I have been found guilty for "simple assault against a minor?" I was told I could appeal, but what good would it do me if the judge was determined to find us both guilty from the get go for not "keeping the peace?" I don't know how much peace I can keep? I also have videos from simply walking outside to my car of them verbally harassing us (name calling/slander etc.)--which of course meant nothing because that's not what the charges were for. As far as the dogs go, the judge even said if they were caught on his property, he would shoot them. But, even when he said it, the neighbors made threats about what would happen if we did such. We are literally prisoners in our own home, have been since October of 2014. The judge also advised me and my husband to move.
What irritates me the most about this, is that of all the officers that could have been there in court that day who are familiar with what the disturbances, the only one that was there to defend the neighbors was the one who persisted to tell me that I was instigating situations with my neighbors (when he told me this, he had only responded to 1/12 of the calls). I live in a town of less than 4000. Everyone knows everyone and I am not from here. The neighbors made lots of statements about how officers are tired of responding to my "petty calls." They are also trying to press charges against me for "stalking and harassment." I have tried my best to keep the peace with these neighbors, and I feel at this point that if the same judge who recoged me for the simple assault would have been the one to handle the case, things would have been different. I don't have the money or the resources to move at this point. I really don't know what else to do either.
I am not that familiar with the laws in Mississippi or Itawamba County, but I have been researching all night trying to find legal help/aide. I do feel that if I go back to the Clerk's Office and ask for an Affidavit of Hardship for a Court Appointed Attorney, as well an appeal, it will get me nowhere. I do not feel the judge will approve and I am not sure if I can have an attorney at this point. I will be checking into this matter tomorrow, but I still feel hopeless in this situation.
Any advice would be amazing and greatly appreciated!
