I need serious advice

[longsally111]

What is the name of your state? South Carolina

We have some gossiping neighborsand we had a fight with them almost 2 years ago. Look up old thread if you are interested. Anyway, we have had no contact with these people for 1 1/2 years. We recently found out that these people stated that I had herpes, was a thief, have munchhousen by proxy. They stated my next door neighbors ( an attorney and special ed teacher) are drunk drivers and child abusers, you get the picture.

Anyway, I came home from work yesterday and found a note on my door from the police asking me to call them. When I did, I got an officer who proceeded to tell me that a friend of mine who lives in the next subdivision over was accused of trying to run over the gossiping sister of my neighbor. I told the officer I would never believe that. Then I asked what that had to do with me. The officer then tells me that the womans brother, my neighbor who I have not spoken to in 1 1/2 years accused me of trying to run him down twice last week. His witness? The sisters husband.

I was in shock to say the least. I told the officer that it did not happen and that I was being falsly accused. I then asked for the times that this happenned so I could get my work records and prove where I was. He then tells me that no report has been filed and that if he has to file one, someone is going to jail. He tells me that he will come back next week to talk to my neighbr and he had better not hear anything else or I will be arrested!!!!!

First of all, I have hired an attorney to send this man and his sister a letter along with 3 other families they have gosspied about warning them of a law suit for harassment and defamation if they continue. Then a letter to the police warning them that they are being used my neighbors as a billy club and to cut it out.

My questions; 1. Can a police officer come to my friends home and mine without a report being filed and "warn us" to behave or threaten us with jail. 2. what about the idea of the letters, good or bad. 3. Should we file a complaint against the officer for the threats. He made comments to my friend while in her home about the way she looks, the size of her diamond ring and her children and what a shame if would be to lose it all once she is arrested. 4. Any other advice is appreciated.

 

[longsally111]

thank you

Here's serious advice:

1) An officier can give you a verbal warning.
2) If a lawyer is willing to intercede to calm down this situation, why not. But don't step in to escalate it once he has intervened.
3) you can not file a complaint against an officier for what he may have done to someone else. If your friend wants to file a complaint, she may.
4)consider moving

Thanks for the response. here we go

1. He can give a verbal warning when I was accused of attempted murder with a vehicle and no report was done?
2. I take it you think the letter was a good idea? Do you think it will calm or escalate?
3. Friend is talking to state attorney generals office first, then was planning on going to police dept for complaint.
4. House is already on the market and has been but with the economy**************
5. we are videotaping ourselves coming and going from our home due to accusations although hubby states it is up to them to prove we did something, not up to us to prove we didn't.
6. any other suggestions?

 

[longsally111]

anyone?

Any other thoughts by anyone before the end of the weekend?

 

[CdwJava]

First of all, I have hired an attorney to send this man and his sister a letter along with 3 other families they have gosspied about warning them of a law suit for harassment and defamation if they continue. Then a letter to the police warning them that they are being used my neighbors as a billy club and to cut it out.

Those letters really have little force of law, and a letter is certainly not binding on the police. They respond to calls and reports of crimes. If they contact you, you are certainly free to politely refuse to talk to them ... though that may leave only one side of the story (if there is any story to tell), so you might want to consider the possibilities.

If one person and his family member accuse you of a crime and you decline to offer up a statement in your defense, the police may (if there is sufficient probable cause or a citizen's arrest) take you into custody. Not being familiar with procedures in SC I am not sure how it works or if people can "swear out a warrant" against others like they can in some states in the southeast. In my state all the complaining party would have to do would be to sign a private person' arrest and you could go to jail.

My questions; 1. Can a police officer come to my friends home and mine without a report being filed and "warn us" to behave or threaten us with jail.

Sure. Very often we are called to mediate problems and, just as often, we advise the parties to behave or we will come back and take someone to jail. Often times it is a bluff because we can't arrest someone without cause, but if a party calls to report an alleged crime, then an arrest might happen.

2. what about the idea of the letters, good or bad.

Mixed. It might work for some people to get them to back off ... but, they could backfire if the neighbors allege you are harassing them. The content is also something to be considered ... hopefully it cannot be construed as extortion.

A letter to the police will likely have no effect other than to maybe get a supervisor to review what is going on. Usually, if we get these kinds of letters, my officers are told that they will submit a report on any incident or alleged crime regardless of the victim's desire to pursue charges.

3. Should we file a complaint against the officer for the threats. He made comments to my friend while in her home about the way she looks, the size of her diamond ring and her children and what a shame if would be to lose it all once she is arrested.

If your friend is willing to go on record with that statement, sure. However, it may well be that the officer insinuated that the ring would have to be sold to pay for attorneys and bail money after an arrest and NOT that it would be stolen.

But, it might not hurt to make the complaint anyway ... IF your neighbor is willing to stand up and assert that the statement was actually made.


- Carl

 

[longsally111]

thanks

Those letters really have little force of law, and a letter is certainly not binding on the police. They respond to calls and reports of crimes. If they contact you, you are certainly free to politely refuse to talk to them ... though that may leave only one side of the story (if there is any story to tell), so you might want to consider the possibilities. I do not want to Not talk to the police. We just want them to have a clear understanding of what has been happenning on the street for the last 2 years and that they have now stepped the harassment up a notch.
If one person and his family member accuse you of a crime and you decline to offer up a statement in your defense, the police may (if there is sufficient probable cause or a citizen's arrest) take you into custody. Not being familiar with procedures in SC I am not sure how it works or if people can "swear out a warrant" against others like they can in some states in the southeast. In my state all the complaining party would have to do would be to sign a private person' arrest and you could go to jail. Again, I do not mind talking to them but I am concerned that he doesnt know the real story.

Sure. Very often we are called to mediate problems and, just as often, we advise the parties to behave or we will come back and take someone to jail. Often times it is a bluff because we can't arrest someone without cause, but if a party calls to report an alleged crime, then an arrest might happen. Then, if the officer believed them, why didnt they take a report?


Mixed. It might work for some people to get them to back off ... but, they could backfire if the neighbors allege you are harassing them. The content is also something to be considered ... hopefully it cannot be construed as extortion. Extortion? The letter would state the professions of everyone they have talked about and what they have accused everyone of doing. Everything from drunk driving, child abuse, animal abuse to mental illness and drug abuse. It would simply put them on notice that noone will tolerate them talking about them anymore and to stop.

A letter to the police will likely have no effect other than to maybe get a supervisor to review what is going on. Usually, if we get these kinds of letters, my officers are told that they will submit a report on any incident or alleged crime regardless of the victim's desire to pursue charges. so, if I inform the police of what they are doing I will be arrested?


If your friend is willing to go on record with that statement, sure. However, it may well be that the officer insinuated that the ring would have to be sold to pay for attorneys and bail money after an arrest and NOT that it would be stolen. I am not sure what he meant, I was not there.

But, it might not hurt to make the complaint anyway ... IF your neighbor is willing to stand up and assert that the statement was actually made. She is.

- Carl

well, it sounds like even though these people have accused several nurses, a cad designer, chemist, attorney, 2 special ed teachers, mortician, nursing home administrator, pharmacist, pilot, several homemakers and truck drivers of doing drunk driving, child abuse, animal abuse, drug usage, adultery, theft, having venerial diseases, having mental illness, being gay, alcoholics, swingers, etc.....( no I am not kidding), then called the police on two people to attempts false reports after they were exposed yet again for their mouths that there is nothing that can be done. I cant believe it. I have to start with the letters. No extortion, just notice that they will be sued if they continue and that false statements to police also will not be tolerated.

 

[CdwJava]

Again, I do not mind talking to them but I am concerned that he doesnt know the real story.

And if you do NOT talk to them, they will not have a chance to know the "real story."

Then, if the officer believed them, why didnt they take a report?

Maybe the caller did not want a report ... maybe the caller articulated something that was not a crime ... maybe they did write a report but just did not submit it for prosecution ... who knows? There can be a host of reasons. In most instances, if a dispute can be resolved through mediation, this is best for all parties involved. Very often we opt for mediation in these kinds of matters. But, if the problem can NOT be resolved in this manner, then we resort to the ol' fallback - prosecution.

The letter would state the professions of everyone they have talked about and what they have accused everyone of doing. Everything from drunk driving, child abuse, animal abuse to mental illness and drug abuse. It would simply put them on notice that noone will tolerate them talking about them anymore and to stop.

Okay. It would have no legal effect and does not prove that the accusations did or did not take place, but you are free to write it if you wish.

so, if I inform the police of what they are doing I will be arrested?

No. But, if this matter steps up a notch and results in even more calls, reports, and/or problems, you can expect the local police to stop mediating and start prosecuting. This might result in citations for you and yours, or it might not. Who knows?

well, it sounds like even though these people have accused several nurses, a cad designer, chemist, attorney, 2 special ed teachers, mortician, nursing home administrator, pharmacist, pilot, several homemakers and truck drivers of doing drunk driving, child abuse, animal abuse, drug usage, adultery, theft, having venerial diseases, having mental illness, being gay, alcoholics, swingers, etc.....( no I am not kidding), then called the police on two people to attempts false reports after they were exposed yet again for their mouths that there is nothing that can be done. I cant believe it. I have to start with the letters. No extortion, just notice that they will be sued if they continue and that false statements to police also will not be tolerated.

Accusations may be actionable if they are knowingly false and malicious, and are not opinion ... being wrong is not generally actionable. If these people who are being accused feel they have a civil case against the accuser, they are free to consult attorneys.

The police can only prosecute people who knowingly make false reports to the police - this is a very high threshold to meet as how do you prove they knowingly and intentionally made a false report as opposed to just being wrong? It's tough, and DAs and the courts are reluctant to pursue those matters.

- Carl

 

[longsally111]

And if you do NOT talk to them, they will not have a chance to know the "real story."


Maybe the caller did not want a report ... maybe the caller articulated something that was not a crime ... maybe they did write a report but just did not submit it for prosecution ... who knows? There can be a host of reasons. In most instances, if a dispute can be resolved through mediation, this is best for all parties involved. Very often we opt for mediation in these kinds of matters. But, if the problem can NOT be resolved in this manner, then we resort to the ol' fallback - prosecution.


Okay. It would have no legal effect and does not prove that the accusations did or did not take place, but you are free to write it if you wish.


No. But, if this matter steps up a notch and results in even more calls, reports, and/or problems, you can expect the local police to stop mediating and start prosecuting. This might result in citations for you and yours, or it might not. Who knows?


Accusations may be actionable if they are knowingly false and malicious, and are not opinion ... being wrong is not generally actionable. If these people who are being accused feel they have a civil case against the accuser, they are free to consult attorneys.

The police can only prosecute people who knowingly make false reports to the police - this is a very high threshold to meet as how do you prove they knowingly and intentionally made a false report as opposed to just being wrong? It's tough, and DAs and the courts are reluctant to pursue those matters.

- Carl

Everything she said was false and malicious. If she didnt like someone, she would talk about them. She would make statements about people repeatedly and still has not stopped. If it goes to court, the others will have no choice but to be involved. I will make sure they recieve a supeona.( spelling). Thank you for the advice. We will start with the letters.

 

[CdwJava]

Everything she said was false and malicious.

Maybe so, but the accusation to the police would have to intentionally be false. In other words, the accuser would have to call the police and report you committing a rape KNOWING full well that you did not commit a rape and with the intent to cause you problems.

Calling and reporting an offense based upon bad information is not a crime.

Proving the prior intent is often very difficult. I have rarely seen this prosecuted, but a civil suit has a lower burden of proof. So, a civil action by the involved parties might be a realistic route for compensation (if there are damages). Without damages, a civil action may be tough. Depending on the laws of your state, perhaps an injunction could be had.

If she didnt like someone, she would talk about them.

Gossip is generally NOT criminal and is often NOT actionable unless there are provable damages.

She would make statements about people repeatedly and still has not stopped. If it goes to court, the others will have no choice but to be involved. I will make sure they recieve a supeona.( spelling). Thank you for the advice. We will start with the letters.

If you start compelling your neighbors to court against their will, you may find them to be very hostile. Also, you may be forced to compensate them for their time. Further, you will likely have to hire an attorney, take depositions, and put out a lot of money for this ... can you articulate financial damage resulting from the gossip? If so, does the person doing the gossip have the financial means to pay your attorney's fees and a judgment?

If you are looking at small claims court, you might want to check and see if your small claims court can assess a penalty for pain and suffering, or if only actual damages and costs can be recovered.

- Carl

 

[longsally111]

well......

ok, on the criminal, after talking about everyone, they called the police on me AFTER I informed a "friend" of theirs what they had been saying about them. Interesting timing that after finding that out the next day, they chose to call the police. I could use that as proof that the attempt to put in a report was false and malicious.
It also did not go without notice that after the local officers wife who lives in the neighborhood was told about the police being called and what they were called for, she stated" oh really? he told me that she tried to run him down months ago".
If need be, I can take her to court as well to testify that this man has been making the same statement for almost a year to other people.

Are their damages? YES. I am an ER nurse with a license and a reputation to protect. These people told the ENTIRE neighborhood that I was a thief, that I had mental illness, that I had a venerial disease, that I called SS on a neighbor, etc... My reputation and standing in the community has been damaged!!!!!!! Who wants a nurse taking care of them who that hanging over their heads?

 

[CdwJava]

Well, knock yourself out. Hire that attorney, itemize the damages, and sue them. Not sure it will be beneficial, but you can always try ... it's your money.

Just don't count on that criminal prosecution.

Good luck.

- Carl

 

[longsally111]

ok then

well, my attorney states that it would never make it to court. With depositions and statements from over 14 families about everything they have alledged, with no proof of anything and with no witnesses on their side, he stated that if we ever did sue, their attorney would come up with some sort of "agreement". We will see.

 

[longsally111]

Some of your advice

Hi CDWJava,

I just wanted to thank you for your advice and tell you that I incorportated some of it. We spoke with the seargent ( spelling?) of the area and after telling him what happenned, he stated that I would not be arrested for what they claimed and he took reports from both myself and my friend christy and stated that he is going to be involved and if anything else happens, I should let him know personally. I liked him and found him to be very professional.

 

[CdwJava]

Hi CDWJava,

I just wanted to thank you for your advice and tell you that I incorportated some of it. We spoke with the seargent ( spelling?) of the area and after telling him what happenned, he stated that I would not be arrested for what they claimed and he took reports from both myself and my friend christy and stated that he is going to be involved and if anything else happens, I should let him know personally. I liked him and found him to be very professional.

Well, that's a good start. Now you need to look at the possibility of a civil suit against the other party.

- carl

 

[longsally111]

going there

Yeah, we are. We were told the next step is tp have the attorney send a letter to the sister and the brother on my street warning them of the consequences of their continued harassment. The officer today stated that with the e-mal from this womans niece and the "anonymous" letter that will have the prints on it, it establishes a pattern of harassment and with that, we can get a restraining order and keep her off our street. He also advised me to get a camera and set up surveillance before the letter goes out to protect ourselves. I thought he had some great ideas. He also stated that he would talk to the officer and that he thinks the officer reacted to what he had been told and the picture painted by these people.He stated he would handle it.