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Neighbor with camera pointing at my daughters window

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Rexlan

Senior Member
Well I feel badly for the OP but it seems to me that she has received good advice that could have set the stage to her favor. Now, she’s off on a rant tangent and probably does not even know if the camera is active, recording or if it ever has … who knows. What we do know is that there is nothing illegal about the current activity.

Frankly, if the judge is worth his salt, and he likely is, he will tell you to address the issue at hand ... the trespass ticket, which you are admittedly guilty. The neighbor is not in violation of the law so what do you expect to accomplish ... a rant in Court? The Court can not help you and it can not tell the guy to not use the camera …. Not this way anyway.

CHOICE OF EVILS - In criminal law, the defense that a person was justified in committing an offense because doing so avoided a greater harm. See Manual § 5.9 and C.R.S. § 18-1-702.
Now this is really brilliant …. Why not just kill the guy then since you’re clearly in your right ... lol.

You have apparently rationalized this down to settling for the result you want (to rant in Court) but for the wrong reasons and the result you obtain hopefully will not be a result that will address the underlying issue. If it were then the Judge needs his ticket pulled. I think guy can essentially tell the judge to piss off (in a nice way) if he wanders into this camera business and what he is doing. You nor the Court are mind readers and you can not say what the neighbors intent is.

If I were the neighbor and you tried to pull something like that or your ridiculous sign idea, you would get covered up with legal jumbo. It is just the wrong approach and you are not thinking with the correct part of your anatomy.

I would be VERY careful what you say in the Court about this guy because you will be on a very narrow ledge. Sort of like the sign idea … hang on honey when you do that.
 

Quaere

Member
I read all posts in a thread before chiming in.

I’ll bet that dog is the center of his life. He and his dog were there before you moved in. It sounds to me like he is just retaliating for the dog incident.

Is he using the camera to document the activity in his yard so his ass is covered against barking complaints? It would make sense, since there are multiple people complaining, that he wants to document the exact frequency of the barking.

If he put the camera out to document the barking or lack thereof, he doesn’t really need the video. Since the video portion is of no import to him, I can see him pointing it at you just to annoy the heck out of you.

I am actually going to follow the advice of the last person and request a Bench Trial. I never knew I could do that.
It’s automatically a bench trial until you ask for a jury.

Again, I don't think I would have ever jumped the fence and pulled the camera down, but it seemed very strange that my girl's come up for the summer to stay with me and out comes another camera. If I am reading this correctly they are going to have to prove that I had criminal intent when I did this.
Look up the definition of “criminal intent” as it applies to a trespassing charge. I think you’ll find that your actions fit the definition.

CHOICE OF EVILS - In criminal law, the defense that a person was justified in committing an offense because doing so avoided a greater harm. See Manual § 5.9 and C.R.S. § 18-1-702.
You’ve got the window covered. What greater harm was imminent?
 

vdavid23

Junior Member
It's sad a lot of people like you use this forum as a soap box for your agenda. I really thought I would get good legal options on this site, not want to be attorneys.

To everyone who truly did try to help thanks a bunch. I am just too frustrated with responses like this one where I took money out of our saving and paid for an attorney.

Actually you are wrong, after talking with him for an hour now he said as long as I have pictures which I do and he has a history of being told not to aim the camera at my girl’s room he will get the ticket dropped based off of harassment and stacking. He also said something about emotional duress.

I guess it pays to talk to someone in the business for a living.

Again, everyone who did try to help I appreciate all the good advice.



Well I feel badly for the OP but it seems to me that she has received good advice that could have set the stage to her favor. Now, she’s off on a rant tangent and probably does not even know if the camera is active, recording or if it ever has … who knows. What we do know is that there is nothing illegal about the current activity.

Frankly, if the judge is worth his salt, and he likely is, he will tell you to address the issue at hand ... the trespass ticket, which you are admittedly guilty. The neighbor is not in violation of the law so what do you expect to accomplish ... a rant in Court? The Court can not help you and it can not tell the guy to not use the camera …. Not this way anyway.


Now this is really brilliant …. Why not just kill the guy then since you’re clearly in your right ... lol.

You have apparently rationalized this down to settling for the result you want (to rant in Court) but for the wrong reasons and the result you obtain hopefully will not be a result that will address the underlying issue. If it were then the Judge needs his ticket pulled. I think guy can essentially tell the judge to piss off (in a nice way) if he wanders into this camera business and what he is doing. You nor the Court are mind readers and you can not say what the neighbors intent is.

If I were the neighbor and you tried to pull something like that or your ridiculous sign idea, you would get covered up with legal jumbo. It is just the wrong approach and you are not thinking with the correct part of your anatomy.

I would be VERY careful what you say in the Court about this guy because you will be on a very narrow ledge. Sort of like the sign idea … hang on honey when you do that.
 

fairisfair

Senior Member
funny, the advice you DIDN'T like, was from an attorney.

Gee, I wonder why that Other attorney would be so confident that everything was going to go your way, maybe it has something to do with your savings account. Ya think???
 

Rexlan

Senior Member
It's sad a lot of people like you use this forum as a soap box for your agenda. I really thought I would get good legal options on this site, not want to be attorneys.

To everyone who truly did try to help thanks a bunch. I am just too frustrated with responses like this one where I took money out of our saving and paid for an attorney.

Actually you are wrong, after talking with him for an hour now he said as long as I have pictures which I do and he has a history of being told not to aim the camera at my girl’s room he will get the ticket dropped based off of harassment and stacking. He also said something about emotional duress.

I guess it pays to talk to someone in the business for a living.

Again, everyone who did try to help I appreciate all the good advice.
Too funny You just don't get it and I am afraid that you are the one with the agenda. You were offered very good advice and you have ignored it.

Instead, you got all those hormones (male or female) going again and got yourself all in a wad ... lol.

I think you have some issues.
So long. 10014 (secret code ... lol)
 

Quaere

Member
vdavid:
Actually you are wrong, after talking with him for an hour now he said as long as I have pictures which I do and he has a history of being told not to aim the camera at my girl’s room he will get the ticket dropped based off of harassment and stacking.
If an attorney really told you this, it’s time to look for a new attorney. Unless the judge has some kind of “special relationship” with your attorney, there is no way he is going to drop that ticket.

I hope you find a way to resolve your situation. You really should plant a natural screen so you don’t have to see what’s going on in his yard and you can forget he’s there. Good luck.
 

vdavid23

Junior Member
vdavid:
If an attorney really told you this, it’s time to look for a new attorney. Unless the judge has some kind of “special relationship” with your attorney, there is no way he is going to drop that ticket.

I hope you find a way to resolve your situation. You really should plant a natural screen so you don’t have to see what’s going on in his yard and you can forget he’s there. Good luck.


I agree, I think when he had clear options through mediation and he choose not to use them he was asking for me to jump his fence. How is this now a crime when he invited the situation?
 

BoatMaker

Junior Member
No constructive advice here, I do feel for your situation and applaude the manner in which you seem to be handling yourself during it.

Personally, I would be up on aggravated assualt charges.
Good Luck
 

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