• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Arrested on offensive touching and menacing

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Prakas

Junior Member
What is the name of your state (only U.S. law)? Delaware

I was arrested early in November for tackling a process server that came to my house to serve papers to my mother. However, when I asked her for her name, she told me Lynda, but she doesn't know me. I closed the door for a minute, reopened it and told her she doesn't live here. She said just give her the papers, so I said get the f--- out of here and started to close the door. She put her foot in the door way and shoved the papers in my face. I reacted by tackling her outside and coninuing to say get the f out of here until she drove off.

Firstly, I can hardly get in touch with my public defender, hes overloaded with cases and it took him 3 days to pick up the phone to tell me hes busy, and only spoke to me for a few minutes. This is a first offense for me so I have a few questions maybe you can help me with.

Should I file a civil suit for tresspassing? I don't understand why she wasn't arrested as well, she did not tell me who she was, just her first name. She should have told me she was a process server or working for the court in some fashion.

Second, should I go public with this and write letters in the newspapers pointing her and the name of the company out and desribe what happened? Would this help any?

Third, Chances are they will offer to plead me out with offensive touching, fine, and probations. If thats the case, should I take it, or proclaim my innocence because she litteraly stepped in my house after telling her to get the f--- out of here and tried to close the door. fyi, she was tackled a few feet outside from the door, when she shoved the papers in my face, I came after her, she started to back up and I tackled and continued to tell her to get the f--- out until she left. Thats when her and the cops came back a half hour later and arrested me.
 


Just Blue

Senior Member
What is the name of your state (only U.S. law)? Delaware

I was arrested early in November for tackling a process server that came to my house to serve papers to my mother. However, when I asked her for her name, she told me Lynda, but she doesn't know me. I closed the door for a minute, reopened it and told her she doesn't live here. She said just give her the papers, so I said get the f--- out of here and started to close the door. She put her foot in the door way and shoved the papers in my face. I reacted by tackling her outside and coninuing to say get the f out of here until she drove off.

Firstly, I can hardly get in touch with my public defender, hes overloaded with cases and it took him 3 days to pick up the phone to tell me hes busy, and only spoke to me for a few minutes. This is a first offense for me so I have a few questions maybe you can help me with.

Should I file a civil suit for tresspassing? I don't understand why she wasn't arrested as well, she did not tell me who she was, just her first name. She should have told me she was a process server or working for the court in some fashion.

Second, should I go public with this and write letters in the newspapers pointing her and the name of the company out and desribe what happened? Would this help any?

Third, Chances are they will offer to plead me out with offensive touching, fine, and probations. If thats the case, should I take it, or proclaim my innocence because she litteraly stepped in my house after telling her to get the f--- out of here and tried to close the door. fyi, she was tackled a few feet outside from the door, when she shoved the papers in my face, I came after her, she started to back up and I tackled and continued to tell her to get the f--- out until she left. Thats when her and the cops came back a half hour later and arrested me.
Wow. Plead insanity. That was a very crazy reaction to the situation.
 

eerelations

Senior Member
Wow is right. You don't seem to understand - you're the bad guy here, not her.

If you "go public" with this, you're going to make yourself into a laughingstock (in addition to a criminal).
 

racer72

Senior Member
If that's the case, should I take it,
Take it then get some help with anger management. I would also suggest a class in basic law at a local college so the next time this happens, you don't end up in prison or come across an armed process server that might decide to shoot you then call the police.
 

Prakas

Junior Member
pleading insanity...wouldn't that get me locked up in instution? :eek:

This doesn't make much sense to me. How can they come to your house, and inside without announcing who they are? Isn't that tresspassing? In my mind, shes lucky she wasn't the one getting shot for stepping foot inside my house.
 
I think putting the foot in the door WAS trespassing. It might have been a crime too (trespassing is a crime as well), but the police certainly didn't think so so you don't have anything to deal with there. You have a right to defend yourself and a, more limited, right to defend your property. These defenses can be used to both crimes and torts. HOWEVER, the key word is REASONABLE. What was reasonable to believe here as the danger? Was your reaction reasonable? Both reasonable to what you actually believed and also what a reasonable person would believe.

If a big man knocks on the door and you open it and he immediately puts his foot in the door and makes some threatening gesture, I think your response would be both subjectively and objectively reasonable. The police would have arrested the man and you would have been able to sue him for damages.

This wasn't like that, was it? I think a jury will find that, no matter what you actually believed, a reasonable person would not think there was any threat to you or your property. Also, they will probably believe you way, way over reacted in the amount of force used to deal with the problem.

Now, could you sue her for trespassing? Probably. You might be able to win too as inside the door is not a place where the public is usually invited. Except, what are your damages? You have a duty to mitigate your damages and the overreaction is not an example of mitigation. In other words, even though you might win, the odds are all you could get is nominal damages.
 

>Charlotte<

Lurker
I came after her, she started to back up and I tackled and continued to tell her to get the f--- out until she left. Thats when her and the cops came back a half hour later and arrested me.
After the process server begain retreating from the doorway OP jumped on her like she was Ben Roethlisberger on the 20 yard line.

Prakas, your PD is probably going to advise you to take plea. Take it.
 

Antigone*

Senior Member
pleading insanity...wouldn't that get me locked up in instution? :eek:

This doesn't make much sense to me. How can they come to your house, and inside without announcing who they are? Isn't that tresspassing? In my mind, shes lucky she wasn't the one getting shot for stepping foot inside my house.
This one was easy...hold out hand...take papers...say thank you:rolleyes:

No, not you...you had to go potty-mouth linebacker on the poor lady, yes that is insanity.:cool:
 

eerelations

Senior Member
This doesn't make much sense to me. How can they come to your house, and inside without announcing who they are? Isn't that tresspassing? In my mind, shes lucky she wasn't the one getting shot for stepping foot inside my house.
I can hardly believe anyone could be so stupid!

She put her foot through your doorway, and then she removed it. You had no legal right whatsoever to say/do anything to her at that point. Even when she still had her foot through your doorway, the only right you had was to ask her to remove her foot, and if she didn't, call the police. Period.
 

Prakas

Junior Member
That is so not right. I told her to get off my property, and when I shut the door, she stopped it and put her foot in the doorway to shove the papers in my face. She crossed the line just as much as I did.
 

Some Random Guy

Senior Member
She crossed the line just as much as I did.
Abslutely not. Arguably, she was trespassing on your property by placing her foot in your doorway. But you were way out of control psycho for tackling her AFTER she removed her foot and began backing away from your house.
 

dave33

Senior Member
Huh, that's a pretty crazy story. I think you will have to contend with the possibility that she did or will certaainly claim she was working in an official capacity unless your states law stipulates otherwise. I would say you could push the envelope pretty far with an anonymous person trying to gain entry or at least holding the door open. Like any criminal case you need to see the report so you know what you are going to refute (if that's the path you choose). Also in my opinion results from a trial with a p.d. are usually bad.goodluck.
 

FlyingRon

Senior Member
Given the tackling involved and the subject line, I keep thinking that the penalty here should be 15 yards and loss of down.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top