Stalking

What is the name of your state? Florida

Back in Dec. of 1999 Brother filed charges of stalking (phone calls to him, his work ect...) We were both being dinks to one another at the time, however I never took anything more than him being a dink...

I this week found out he pressed stalking charges in Florida and the state has filed charges and I see that it states I was not served (I moved out of that state right before he filed the charges and Brother did NOT know I was moving)

It also has a note on this charge that just because defendent (me) failed to appear charges haev not been thwarted (sp?)

Yet I never even knew he did this and needless to say I was never arrested and never heard a thing about this.

Even though the Brother is being a dink still to this day, because he brought the charges if I kiss his bootie and try to talk to him can he have the charges dropped?

It says it is State of Florida VS ME and not the Bothers name, and it says it is a criminal crime not cival...

How do I fix this??

Hinky dinky dee ka dinky doo what you must do

You have asked this question before and one of our members cdwjava was kind enough to give you adivse 2 times on this matter and that advise still holds, asking the question again won't change that. Same song different verse, a little louder a little worse.

I went back and noticed that you edited all your entires deleting all information about the case that would enable anyone to advise you, that says something about your credibility.

I looked up in the state of Florida statutes and can find none that cover being a "dink" or a "dinky". So while you may never have been served a restraining order, or any other legal summons, it would appear that the State of Florida found sufficient cause beyond, "dinkiness" to bring charges against you and your FTA compounded your problems as you defaulted or waived your right to defend yourself.

Flight for the purpose of avoiding criminal charges is not an affirmative defense.

Here is a defination and list of affirmative defenses, none of which include "flight" or "dinkiness" from http://www.legalhelp.org/affirmative_diffense.htm

There Are Two Types of Affirmative & Separate Defenses

Definition of Affirmative and Separate Defenses: These are legal responses to a Plaintiff's claim, that even if his complaint is true, it acts to bar his legal right to bring the action. Generally failure to include an affirmative defense in ones answer to a complaint is a waiver of the right to that legal defense. An affirmative defense can be used to dismiss an action on legal grounds even if the complaint of the Plaintiff is true.

Standard affirmative defenses includes those of general application and should always be included in an answer to a complaint. Special affirmative defenses consist of some special legal element as to defense in a particular type of action such as failure to comply with a specific section of a states motor vehicle financial responsibility law section # or failure to comply with the law to wear a seat belt in section #. One needs to do some legal research and consult an attorney in a specific jurisdiction that regularly deals the particular type of law involved as to the appropriate specific affirmative defenses.

Standard Affirmative Defenses:

1. Failure to state a cause

2. Insufficiency or defect of service

3. Latches

4. Pari Delicto

5. Unclean Hands

6. Violation of state or federal statute

7. Failure to name all necessary parties

8. Lack of jurisdiction and/or venue

9. Accord and satisfaction

10. Fraud

11. Statute of Limitations and/or other time limitations

12. Failure to comply with applicable state or federal law

13. Estopple or collateral estopple

14. Negligence

15. Omissions

16. Bad Faith Acts

17. Contrary to Public Policy

18. Unenforceable as constitutes an illegal practice

19. The Plaintiff failed to mitigate damages

Specific Specialized Affirmative Defenses -- Example Debt Collection::

1. Failure to Comply with Fair Credit Practices

2. Failure to Comply with Fair Credit Reporting Act.

3. Failure to comply with applicable State Banking laws and requirements

4. Failure to comply with applicable Federal Banking law and requirements

5. Denial of personal guarantee by way of insertion of title with signature

6. Denial of intent to accept terms of Plaintiff Bank by marked modification

7. Terms and or rates of interest and payments were not in compliance with either state or federal restrictions.

8. Denial of guarantee by way of notice under New York State Law.

9. Defect in documents upon which the Plaintiff bank relies by law.

10. The Plaintiff failed to mitigate damages by selling out collateral on a timely basis and/or at an appropriate price.

11. The Plaintiff failed to comply with normal and accepted business practices

12. The Plaintiff was not in compliance with the requirements of the commercial code.

Well well well.. FYI this question HAD NOTHING to do with the last one you saw I deleted...

And what in the world are you talking about? Did you forget the question at hand? Your answer had nothing to do with my question and if you have nothing to add in a positive manner then why waste your time?

You have no clue except what I shared in this case, your statement on my person are unfounded, so thanks but no thanks...

Even though the Brother is being a dink still to this day, because he brought the charges if I kiss his bootie and try to talk to him can he have the charges dropped?

Click to expand...

No. He has nothing to do with this. It's the state that is bringing the charges.

It says it is State of Florida VS ME and not the Bothers name, and it says it is a criminal crime not cival...

Click to expand...

And that would be correct.

How do I fix this??

Click to expand...

Quit being a Dink!

As I already pointed out, the State of Flordia, has no statutes regarding "DINKS" and or any form of "DINK", that is what your question was about. I gave you a very general answer since DINKINESS is not an affirmative defense and it might cover what your CRIME really was that was so serious that you are being prosecuted by the State of FLorida and you FTA rather than defend yourself but you would not tell us why you were on the LAM (as in on the run) and not as in LAME brain. You say the other question was about somethig else entirely, well then, you obviously have double trouble and need to see an attorney, yesterday!