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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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  #1  
Old 07-12-2005, 05:24 PM
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Help Husband charged with Battery


What is the name of your state? WV

My husband's family have fighting over their parents estate since their mom passed away on March 15th. On April 15th his one sister went into the home and started removing various items. When my husband and his brothers arrived they call the police they could not settle this but if anything was removed to keep a listing. Well the other sister lives in VA and does not drive so the brothers went to get her. My H put a note on a certain cabinet not to be removed. When he came back 2 hours later ALL the furniture was removed. The thieving sister was the only other person there. He searched for the cabinet found it in her vehicle and took it out and placed it on his truck. She then tried to drag it off and it fell on top of her he put it back on the truck. She realized he was taking it so she jumped up and kicked all the glass out of the doors. Saying if she couldn't have it no one could. My husband did not strike her anytime but because of her own actions she needed medical attention. My H said they both used cursing language. She then filed charges at 3pm for assault and verbal abuse. my H then gave his statement to police. The officer said it sounded like a he said she said but the DA makes the decision. Her daughter called us around 11pm that evening threatening my husband not to go to sleep and accusing him of beating up her mom. Well of couse the language was not pretty by either party my husband was in bed asleep when the phone rang so you can imagine. We haven't spoke to them since but today my husband was arrested for battery he is out on bond. She changed it from assault to battery plus her daughter claims my H admitted to her on the phone he assaulted her mom. Which I know is a lie I at least heard his side of the conversation. His sister is a notorious liar. How can my H defend himself from liars who think nothing of perjury and isn't the daughters claim heresay?? Also what type lawyer should he get and what outcome do you think he could have? there are no witnesses to the actual confrontation. She does have medical evidence of stitches in her leg and bruising. Need to get an attorney within the week. Also why did the DA press charges??? Does that mean he believes her?
  #2  
Old 07-13-2005, 10:26 PM
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I saw a signature on someone's post on this forum, and it is quite prophetic, if I may say. It was something to the tune of "He who calls 911 first gets to be the victim." It's kind of true, and when cops roll up on a situation, generally if one party is claiming AND showing injuries, the other is looking at charges, especially in these domestic abuse type of things. I realize that it's not husband and wife, and probably not domestic abuse per se, but brother/sister is similar in that it's a family squabble, and those are at times the worst ones. This is boiling down to a he said, she said, BUT one in which she has injuries to corroborate her story. It's just one of those things. You are correct about needing a lawyer. He will be able to better asssess your situation.

By the way, I am still laughing at "Husband charged with Battery". I keep picturing that Energizer bunny....
  #3  
Old 07-18-2005, 06:37 PM
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Our attornery cannot believe DA is taking this to court. He feels that it is a "he said she said" all other witnesses are heresay. I hope we can get this resolved without going to court. Could be months down the road I guess the courts are booked up. Thanks for your reply. I really needed the humor. Will let you know the outcome.
  #4  
Old 07-18-2005, 06:54 PM
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These family things can be a huge mess. Just batten down the hatches and ride out the storm. Try to help your husband just ignore any BS as best as you can. It may be hard for him not to get aggravted with it, but the main thing is that he not act on it.

Best of luck to you both.
  #5  
Old 07-31-2005, 10:43 AM
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My H received his court date for August 15th. The arrest warrant reads (not real Names) state vs Mr Thrifty. The court date papers read Officer John Doe vs Mr Thrifty. This is the officer who received statements from all parties involved. Why is he versing my H??? I cannot get in touch with our attorney ihe is out of town until next week

New Question for my neighbor - She is 34 her daughter is 15. The 15 has a girlfriend who is 16. The 16 is spreading rumors on the 15. Yesterday the 34 and 15 rides by and sees 16 on the sidewalk. 34 backs up and gets out telling the 16 to stop lying on her 15. The 16 gets angry and shoves the 34 then 15 jumps out and all "H" breaks loose. The 16 beats the crap out of the 15. The 34 and 15 leave before the police are called. the 16's parents press charges for child endangerment against the 34 and something against the 15. Is my neighbor in serious trouble?? She also has a 5 year old at home I hope she will not have to do jail time. Could she lose her kids? There are 9 witnesses claiming 34 started the fight by backing up and cussing the 16. thanks for any info.
  #6  
Old 07-31-2005, 01:42 PM
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Hmmmmmmmm....for your 411, yes, the 34 could be 86ed for striking the 16, and I guess in theory be sent 2 the peni10iary. Even though the 34 and the 15 left be4 911 arrived, there are still 9 witnesses claiming that the 34 hit the 16, which is not good.....10-4?
  #7  
Old 07-31-2005, 02:02 PM
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Mrsthrifty,

Would it be possible to set up a web cam in this neighborhood? This sounds like some enticing entertainment. May even be able to get one of the broadcasting giants to air an episode or two on prime time. With all the reality shows being as popular as they are today I say there's a good chance that fame is just around the corner for you and your neighbors. In fact, that could be the name of the show, "Just around the Corner" Then Vegas will take bets on who will come out on top in the next brawl, the possibilities are endless!

Better move before Jerry Springer gets word of this action packed neighborhood adventure.
  #8  
Old 07-31-2005, 02:06 PM
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Quote:
Originally Posted by AmosMoses
Hmmmmmmmm....for your 411, yes, the 34 could be 86ed for striking the 16, and I guess in theory be sent 2 the peni10iary. Even though the 34 and the 15 left be4 911 arrived, there are still 9 witnesses claiming that the 34 hit the 16, which is not good.....10-4?
LOL! You are 2 funny!
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  #9  
Old 08-01-2005, 08:27 AM
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Yes Amosmoses I thought the same about my neighbor's situation. I wish her the best glad my H case isn't that bad. Guess we will know his outcome in 2 and half weeks.

As for outonbail these 2 cases are only the tip of the iceberg. Too many stories to tell just found this website really needed it for the past 4 years!! When Jerry says "where do they find these people?" Well now you know lol told my H i don't like watching Springer very much and I "D" sure I hate living it!!!!
Fortunately or maybe unfortunately (I missed out on all the fun) i am not directly involved with any of these cases. However inlaws make it your problem.
And yes you guessed it the neighbor is an inlaw too Wild Wonderful WV. Gotta love it
  #10  
Old 08-01-2005, 05:49 PM
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I sure do hate to change the subject....or let's just say veer off course a bit, but has anyone else noticed that Jerry Springer seems ageless? I mean, I have seen clips of him across the past 14 years and compared them to each other and to how he looks now, and he has changed, like..... NONE! I have come to the firm belief that Jerry is either:

a) plastic;
b) Dick Clark's little brother;
c) the Antichrist, or;
d) all of the above
  #11  
Old 08-01-2005, 05:53 PM
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Quote:
Originally Posted by AmosMoses
I sure do hate to change the subject....or let's just say veer off course a bit, but has anyone else noticed that Jerry Springer seems ageless? I mean, I have seen clips of him across the past 14 years and compared them to each other and to how he looks now, and he has changed, like..... NONE! I have come to the firm belief that Jerry is either:

a) plastic;
b) Dick Clark's little brother;
c) the Antichrist, or;
d) all of the above
Those are good theories, but I'm of the belief that he has a decaying portrait of himself in the attic. (I think this is also true of Dick Clark).
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  #12  
Old 08-01-2005, 08:56 PM
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I think it's because when beauty ages, it loses beauty in the aging process and eventually becomes ugly. So when beauty becomes ugly, it can be such a drastic change, that the progressing transformation is easily recognized.

However, ugly on the other hand, will remain ugly and eventually become,,, yes, ugly! So there is not as much noticeable difference between the stages of Ugly.

Add to that, the fact that most of us, by nature, will not look at ugly for near as along as we will beauty and you can see that the judgment of aging has allot to do with what we each had to work with from the start.

Jerry Springer is clearly a television celebrity, who was born with a face made for radio!
  #13  
Old 08-02-2005, 12:54 PM
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Either that, or for the last 14 years he has been shaving his a$$ and walking around backwards, on his hands.
  #14  
Old 08-02-2005, 01:17 PM
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So his nose may not be so large after all?
  #15  
Old 08-02-2005, 01:38 PM
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That's NOT his nose....
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