Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
Here is the rule below. It would help to know what this person was actually charged with. From the description of the incident, I would think that aggrevated assault could be a real possibility, which is a felony and would have prompted an immediate arrest. He would been arraigned and probably released pending a hearing anyway. From what you have said I can pretty much guess that he was not charged with a felony, and maybe charged with simple assault, an M2 (and hopefully not harrassment, a summary).
I don't know if they would consider a video taped incident as "on-view," but again, cameras will certainly be your friend. You are certainly within your rights to attend this person's hearing, and maybe demand restituiton be levied. I would bring any documentation you have in regards to the hospital visit and a complete list of expenses for your husband's medical care. He also needs to be found guilty in order to have to pay the restitution, so go prepaired.
Was a report done on both incidents? Do you have a copy of either? Make sure that both are accurate, you can ask that they be amended if you are misquoted.
Quote:
[SIZE=+1]Rule 502. [/SIZE]Instituting Proceedings in Court Cases.
Criminal proceedings in court cases shall be instituted by:
(1) filing a written complaint; or
(2) an arrest without a warrant:
(a) when the offense is a felony or misdemeanor committed in the presence of the police officer making the arrest; or
(b) upon probable cause when the offense is a felony or murder; or
(c) upon probable cause when the offense is a misdemeanor not committed in the presence of the police officer making the arrest, when such arrest without a warrant is specifically authorized by statute.
What about assault with a weapon ?( whatever it was that Warren was hit with)
Malicious injury to personal property...( the car, solar lights)
Tresspassing on personal property with intent to harm.
Disturbing the peace...( the laser lights at night and loud music)
Terroristic threats ( only if they/he has threatened to kill...if he has used that word)
Here is the rule below. It would help to know what this person was actually charged with. From the description of the incident, I would think that aggrevated assault could be a real possibility, which is a felony and would have prompted an immediate arrest. He would been arraigned and probably released pending a hearing anyway. From what you have said I can pretty much guess that he was not charged with a felony, and maybe charged with simple assault, an M2 (and hopefully not harrassment, a summary).
I don't know if they would consider a video taped incident as "on-view," but again, cameras will certainly be your friend. You are certainly within your rights to attend this person's hearing, and maybe demand restituiton be levied. I would bring any documentation you have in regards to the hospital visit and a complete list of expenses for your husband's medical care. He also needs to be found guilty in order to have to pay the restitution, so go prepaired.
Was a report done on both incidents? Do you have a copy of either? Make sure that both are accurate, you can ask that they be amended if you are misquoted.
For aggrevated assault the victim would need to suffer serious bodily injury, which by definition is; [SIZE=2]"Bodily injury which creates a substantial risk of death or which causes serious. Permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ." Video taped incidents are no good as far as using them as an on view arrests, but it is great evidence along with witness testimony. As far as the hearing yes you can attend, your son and or husband would be victims and would be required to attend. As far as restitution that is true as far as being found guitly, but even if the defendant was found innocent you can still file a lawsuit for restitution which is a civil proceeding, and has a lesser burden of proof. Think OJ Simpson and the wrongful death suit. I would get an attorney if you have the money.
[LEFT] [/LEFT]
[/SIZE]
My husband was beaten senseless and he has four stitches in his nose. He almost had a heart attack. He suffered hypokalemia and a heart arrhythmia last night.
What about assault with a weapon ?( whatever it was that Warren was hit with)
Malicious injury to personal property...( the car, solar lights)
Tresspassing on personal property with intent to harm.
Disturbing the peace...( the laser lights at night and loud music)
Terroristic threats ( only if they/he has threatened to kill...if he has used that word)
Yes he used "kill" and told us we should not use our front porch.
They are out there now playing loud rap music.
Honestly if I never answered them back the first time, and Warren had shut his mouth too, we would not be in this situation.
Here is the rule below. It would help to know what this person was actually charged with. From the description of the incident, I would think that aggrevated assault could be a real possibility, which is a felony and would have prompted an immediate arrest. He would been arraigned and probably released pending a hearing anyway. From what you have said I can pretty much guess that he was not charged with a felony, and maybe charged with simple assault, an M2 (and hopefully not harrassment, a summary).
I don't know if they would consider a video taped incident as "on-view," but again, cameras will certainly be your friend. You are certainly within your rights to attend this person's hearing, and maybe demand restituiton be levied. I would bring any documentation you have in regards to the hospital visit and a complete list of expenses for your husband's medical care. He also needs to be found guilty in order to have to pay the restitution, so go prepaired.
Was a report done on both incidents? Do you have a copy of either? Make sure that both are accurate, you can ask that they be amended if you are misquoted.
Armchair quarterback lawyers are almost as dangerous as trying to put a gun in the hands of someone with zero knowledge of them.
There is NO ASSAULT at this point. It was probably written up as harassment(push, kick, shove).
At this point I would stop worrying over what has happened and focus on today and the future.
The police did what they could do and NO MATTER WHAT this is still a "HE SAID, SHE SAID" incident because the police did not WITNESS the aggression....
You might be called to testify at the hearing in front of the magistrate, but you might not.
Regardless move on and focus on your family and its safety and stop obsessing on what has happened and honestly anyone that is still trying to armchair lawyer this is just making the situation worse.
This was a FIGHT and they happen all the time and the police deal with it ALL THE TIME and they know what they can and cannot do under the law and how to proceed.
Sheena I'm mean no offense, but GUYS HE WAS PUNCHED IN THE FACE. THAT'S IT. IT WAS A FIGHT.
If they held him down and started beating on him with a bat then fine I would say assault, even aggravated assault. Otherwise, he just got punched.
I'm not trying to downplay your pain or fear Sheena, BUT at least there has to be an understanding of what is going here.
Yes I'm sure you would like to see more done, but what has been done is it as far as a fight goes.
That is why you need to show "A Pattern" of harassment then you can file your own criminal charges against him at the magistrate on top of whatever summons he has been issued by the police.
You can also obtain a copy of the police report yourself so that you have a better understanding of what the police did do and what summons were issued.
It is what it is, nothing more. Someone got punched and the police issued them a "Summons To Appear" before the magistrate to face the charges listed on the Summary Offense.
I understand that you guys all have your JD's or you play lawyers on TV, but a real understanding of what is going on is a better help and unless you have been through it, are an attorney or a Wilkes-Barre officer you really have no idea and are just giving random advice and are plucking statutes from law books or websites that really are doing nothing to help the situation at all.
I'm not armchairing anything, I quoted direct from the PA Rules of Criminal Procedure. I am saying that short of a felony he would not be arrested under the law, and pointing out that he may have been charged up to an M2 and still only get a citation, and here is the rule to back it up.
If they do not appear at the hearing then there is a large possiblity of this person getting a slap on the wrist. If the DJ doesn't think you care, why should he throw the book at this guy? M2s CAN carry a prison sentence, so by appearing and showing that you do care what happens, and if you can express that you are living in fear, this guy may be going to the clink for up to two years. Who knows what his priors are.
Checking the reports on both incidents, and making sure that you are presented fairly, only makes sense. You may need to rely on them if there are further incidents.
I find it incredibly demoralizing that all of us, none of whom are LEOs (save for Riverside), need to interpret the law for the police, DJ, DA and other city officials. It is ridiculous and a glaring example of why this area is so back asswards. Additionally, I find it appalling that citizens must prove a PATTERN of crime before LEOs do anything about it. Why is one crime not enough? Could this be a major reason why crime runs rampant in this state?
I find it incredibly demoralizing that all of us, none of whom are LEOs (save for Riverside), need to interpret the law for the police, DJ, DA and other city officials. It is ridiculous and a glaring example of why this area is so back asswards. Additionally, I find it appalling that citizens must prove a PATTERN of crime before LEOs do anything about it. Why is one crime not enough? Could this be a major reason why crime runs rampant in this state?
The pattern is for Harassment, there needs to be a pattern in order to show harassment. This harassment is the type of harssment that they are doing by yelling at them, loud music, etc...NO PHYSICAL CONTACT
That was told to me by a police officer.
There is more then one type of harassment
The other harassment(Push, Kick, shove) is when you physically harass someone which is what he did when he punched him.
Quote:
Originally Posted by scrantonluna
I'm not armchairing anything, I quoted direct from the PA Rules of Criminal Procedure. I am saying that short of a felony he would not be arrested under the law, and pointing out that he may have been charged up to an M2 and still only get a citation, and here is the rule to back it up.
If they do not appear at the hearing then there is a large possibility of this person getting a slap on the wrist. If the DJ doesn't think you care, why should he throw the book at this guy? M2s CAN carry a prison sentence, so by appearing and showing that you do care what happens, and if you can express that you are living in fear, this guy may be going to the clink for up to two years. Who knows what his priors are.
Checking the reports on both incidents, and making sure that you are presented fairly, only makes sense. You may need to rely on them if there are further incidents.
Your assuming that the rules of procedure are followed to the letter, which they are not. There is a tremendous amount of individual interpretation on the behalf of the DJ's and the attorney's. If it was cut and dry then there would be NO NEED for a district justice.
I find it incredibly demoralizing that all of us, none of whom are LEOs (save for Riverside), need to interpret the law for the police, DJ, DA and other city officials. It is ridiculous and a glaring example of why this area is so back asswards. Additionally, I find it appalling that citizens must prove a PATTERN of crime before LEOs do anything about it. Why is one crime not enough? Could this be a major reason why crime runs rampant in this state?
Notice I did not comment on that stuff ... I agree Pa has some pretty stupid laws .. I will not comment on what the police or anyone can, will and will not do... All I know Is I would Never get run out of my place .. It would be like the Hatfields and the McCoys .. ESP if they were just tenants and I OWNED next to them..
Ive found in Pa you are guilty till you prove yourself innocent ...
In NY when a judge free's you . You walk right there outta the courtroom.. In Pa you get freed then put back in cuffs , back into a cell and then back to the jail and then when they feel like it they release you ... (usually within 6 hrs of seeing the judge ) Thats just WRONG in my eyes .. So I make sure I stay on the right side of the law here in Pa .. I still say the BEST thing they could do is Hire a lawyer .. If Money is a problem I'll donate the 1st $50 for a lawyers fund ... Get a lawyer and watch the system work for you instead of working against you ...
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
