Unjustice in Georgia

What is the name of your state?
Georgia, Clarkston 30021

My husband & I had an argument, my best friend sister called the police. I was sitting outside my home, with the door closed when the police arrived. Immediately I told them that they were unneeded and to leave. They asked where my husband was, I told them he was inside. I would get him they were not to go inside. They pushed me to the side and entered my home. My home is in my name alone, not my husband. (Lease, bills) They asked if we were married. Indivdually we told them yes, I was not allowed in the home. I HEARD them ask him what his first & middle name and what was my last name. He told them the truth. They never asked him what his last name was... When they did ask us for identification, I was not allowed to get it because I was not allowed inthe home. I told them that i would not tell them where it was becasue that would give them permission to search my home in which I would not give w/o a warrant. When they ran the infomation, it came back false and the arrested him and released him on his own. We went to court twice. The 1st time we asked for a continue... on the 2nd appearance he was appointed a public defender. He was then advised that the officers will usually make you write down the name but his options were to pay the &650.00 fine or prove that when we married his last name changed to mine...
I am very frustrated and our next court date is 6/01/05. ALSO when he was arrested the officer marked on the ticket that he displayed his ID in lieu of bail... he never was given the opportunity to retrieve his ID...
Any help or advice is appreciated.

Thanks you

In response to your reponses
He was charged with Giving a False Name/B/day/Address to an officer... Fine $650.00
I was told that it isn't a felony or misdemeanor it is a city ordinace

If he is "convicted" of this will it be a violation of his probation?
Is he able to plea no contest, and seal records if pays the fine? Will that prevent his probation from being violated?
Should he just take it to a trial of own peers? Is states evidence of his word against mine enough to convict him? Will they even take the time to proscute something this simple?
Can we just sit down with the pros. and explain that this really is a imple misunderstanding?
A little insight is my husband comes from an un stable background, and use to get in alot of trouble. He changed after we met, got back into school, finished his highschool education and has continued to college, he coached=s kids bball at local ymca, very involoved with his religious prefrences and very devoted to family. just had new baby, he work 6 7 days a week and is a very good father and husband. We had a fight over my birthday and i threw a tentram tantrum literally becasue i wasnt going to get what i wanted. My best friend and her sister hate him literally with a passion, they just called to call. It was funny to them. He had not put his hands on me in any fashion. No marks on him or me. I was just yelling. My neighbors werent even disturbed. Best friend sister was here thats why she knew... she left went home and called police. I didnt want to bother them, when they arrived I figured that they could be somewhenre else where help was really needed. Hubby and wifes argue we didnt hurt anyone or thing and this is just a nightmare unfolding. If this violates his current probation that he will be off of in 8 months and has served accordingly he could be sent away and how weould we survive then? He is a major income of house... I dont know what to do...

Thanks again

jelybe05 said:

What is the name of your state?
Georgia, Clarkston 30021

My husband & I had an argument, my best friend sister called the police. I was sitting outside my home, with the door closed when the police arrived. Immediately I told them that they were unneeded and to leave. They asked where my husband was, I told them he was inside. I would get him they were not to go inside. They pushed me to the side and entered my home. My home is in my name alone, not my husband. (Lease, bills) They asked if we were married. Indivdually we told them yes, I was not allowed in the home. I HEARD them ask him what his first & middle name and what was my last name. He told them the truth. They never asked him what his last name was... When they did ask us for identification, I was not allowed to get it because I was not allowed inthe home. I told them that i would not tell them where it was becasue that would give them permission to search my home in which I would not give w/o a warrant. When they ran the infomation, it came back false and the arrested him and released him on his own. We went to court twice. The 1st time we asked for a continue... on the 2nd appearance he was appointed a public defender. He was then advised that the officers will usually make you write down the name but his options were to pay the &650.00 fine or prove that when we married his last name changed to mine...
I am very frustrated and our next court date is 6/01/05. ALSO when he was arrested the officer marked on the ticket that he displayed his ID in lieu of bail... he never was given the opportunity to retrieve his ID...
Any help or advice is appreciated.

Thanks you

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Try writing this again. Tell us who has been charged with a crime and what the crime actually is. Then ask a specific question or two. If you do that you will have a much better chance of getting helpful answers.

File a complaint..........

First off, no officer is allowed in your home without asking you to, that is why they have warrants. I would file a complaint with their supervisors. That is why we have homes and private property so that NO ONE can come into them when ever they please including Georgia's finest. I live near Ft. Benning and this happens here alot and the officers who do it get into deep trouble for it. File a complaint with their supervisor's or they will continue to get away with it.

vivarantthang said:

First off, no officer is allowed in your home without asking you to, that is why they have warrants. I would file a complaint with their supervisors. That is why we have homes and private property so that NO ONE can come into them when ever they please including Georgia's finest. I live near Ft. Benning and this happens here alot and the officers who do it get into deep trouble for it. File a complaint with their supervisor's or they will continue to get away with it.

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vivarantthang said:

First off, no officer is allowed in your home without asking you to, that is why they have warrants. I would file a complaint with their supervisors. That is why we have homes and private property so that NO ONE can come into them when ever they please including Georgia's finest. I live near Ft. Benning and this happens here alot and the officers who do it get into deep trouble for it. File a complaint with their supervisor's or they will continue to get away with it.

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Without knowing the particulars of this situation, that is an assinine statement.
I believe that Carl will say something about ensuring the safety of all involved when responding to a domestic violence call.


Carl???

jelybe05 said:

My husband & I had an argument, my best friend sister called the police. I was sitting outside my home, with the door closed when the police arrived. Immediately I told them that they were unneeded and to leave.

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How nice. Fortunately, the officers knew better and stayed.

They asked where my husband was, I told them he was inside. I would get him they were not to go inside. They pushed me to the side and entered my home.

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Absolutely! Depending on what they were told by whoever called, they had good cause to check on the welfare of the party inside the residence. Additionally, it is NEVER a good idea to let someone back into an unsecured residence for a host of safety reasons (safety for the officers as well as safety toward the person being let back inside).

My home is in my name alone, not my husband.

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Irrelevent in this situation.

When they ran the infomation, it came back false and the arrested him and released him on his own.

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He shouldn't have lied to them about his name.

I am very frustrated and our next court date is 6/01/05. ALSO when he was arrested the officer marked on the ticket that he displayed his ID in lieu of bail... he never was given the opportunity to retrieve his ID...
Any help or advice is appreciated.

Click to expand...

The display of ID is also going to be irrelevant. The officer was satisfied with his ID and released him on his own recognizance. That's not an element of the offense so that is also not relevant.

The simple fact of the matter is that the officers had a right to be there, and the right to contact both parties. he provided them with a false name (for whatever reason) and he got caught. Now he has to pay the piper.

I would suggest focusing on whatever the problem was that led to your best friend's sister calling the cop's on an argument anyway.

- Carl