Yelled @ neighbors to slow down snowballs into arrest and upcoming eviction

[IvoryuNicole]

PD REPORT What is the name of your state? Williams County, Williston, ND 58801

1. Can I be evicted after being arrested for disorderly conduct as a result of an argument between my neighbors and myself I yelled for them to slow down with kids and animals in the road ????( next to a park)
2. Can children initially be questioned without parent present - 16 year old sister was only person home, and if so could what they tell the cops at that point be used as grounds to arrest someone?
3. Police report contains clear contradictions from both the police officers statements and from the handwritten statements provided by the "victims", is this legal?
Here is a link to the PD REPORT
In order to shorten a long story, I'll start with the key points and answer any questions from there:

• Neighbors drove too quickly past my dog and another neighbors child who were attempting to cross from their home to ours.
  • I had walked away from roadside approx. 2 mins, from bumper of my vehicle to front door
  • opened door and put another dog of mine back inside
  • turned around and saw my dog, J, mid-way in road, only 3-5 feet from driver side front bumper
  • M, 7 year old boy, was approx. 2-3 steps ahead of J - say in the middle of the left lane, with a ball in his hand
• After seeing this vehicle pull into the driveway that is 2 down from my own, and DIRECTLY across from the neighborhood park:
  • I yelled as they were getting out of their vehicles to "you F******* stop the next time either my dog or these children are in the road"
    • Irrational, I admit - I do have my reasons however.
  • 3 were exiting the vehicle, 1 woman & 2 males.
  • Womans reply "Put your F******* dog on a leash" - which prompted myself to blurt out "Should I lease the children as well?"
  • From this point, Her and I both were yelling back and forth, cursing, and such.
  • Not long after her first comment, I noticed a male on the phone and before the 3 min argument ended, was informed the police were on the way
• Police arrive
  • Questioned the party of 3, then myself, lastly the 2 children across the street
  • After returning back I was advised I was being arrested for disorderly conduct because:
    • I irritated and disturbed said party
    • the children had told the officer that neither the dog nor themselves were in the road when the vehicle drove by
      • Children were questioned initially with only 16 year old sister present - then the mother AFTER I begged for the officer to ask the children being their mother was home
• There are CLEAR contradictions made in both the report as well as the handwritten statement from the "victims"
  • Dispatchers notes clearly states "The dogs were in the middle of the road when they were driving"
  • Arresting Officer's statements includes; "After making contact with said party he was informed "..... The child and the dog WERE NOT in the road"
  • All Handwritten statements made by party state my dog was present in the road YET one slips up and states that both the child and the dog was present in the road at the time they were driving
• All 3 written statements sound extremely scripted
  • they all use the same phrases, wording, and sentencing structure.
  • After reviewing the elements of this crime, I realized their statements quite literally cover EACH and EVERY element listed for ND
• Woman states she was scared and intimidated
  • Dispatchers notes include " [Her and I] were screaming at each other."
  • Yet in her written statement "and that she was going to get us but not to our face and saying you don't know me b**** and just cussing and swearing and I am afraid because I have my kids home and don't want my vehicle messed with." - No written statements admit any role they played in this incident
  • Yet, Police officer's statement says " [woman] yelled "B***" back at Stefanie when Stefanie started to walk towards them.

Now, I played my part in how all this happened, for sure, yet fair and just, that is definitely NOT what occurred on this day. To be arrested and now facing eviction, I need some advice on any 1 of the multiple issues I have sitting in my lap.

*I admitted to omit as much of the details as possible in hopes to avoid anyone reading losing interest in my long winded story*
Please, feel free to ask me any questions to help narrow down what possible courses of action do I have available to me.

 

[quincy]

You should read the terms of your lease. Many leases have a provision that states there is zero tolerance for criminal activity and anyone found violating state or local laws are subject to eviction.

If charged with disorderly conduct, I suggest you contact an attorney in your area.

 

[IvoryuNicole]

I will be attending my PreTrial conference Monday - the following Thursday is eviction.
There is a chance, however big or small, that the disorderly conduct case could be dismissed before the eviction court.
Does it not matter whether I am found guilty or have the case dismissed completely? If the judicial system does not find pursuing criminal charges, why should the eviction have any grounds from that point on? Especially given this is my first incident since moving in Jan. 2016.

I just simply am having a difficult time coming to terms with having to uproot my entire family over an incident that should have never escalated to the point that it did. How many times a day does a mother yell at a driver who drive past her children too fast for comfort?

 

[Just Blue]

I will be attending my PreTrial conference Monday - the following Thursday is eviction.
There is a chance, however big or small, that the disorderly conduct case could be dismissed before the eviction court.
Does it not matter whether I am found guilty or have the case dismissed completely? If the judicial system does not find pursuing criminal charges, why should the eviction have any grounds from that point on? Especially given this is my first incident since moving in Jan. 2016.

I just simply am having a difficult time coming to terms with having to uproot my entire family over an incident that should have never escalated to the point that it did. How many times a day does a mother yell at a driver who drive past her children too fast for comfort?

You're language played a big part in things getting out of hand.

 

[IvoryuNicole]

You're language played a big part in things getting out of hand.

OUR language played the BIGGEST part, this is true. Does this warrant all that is happening as a direct result however? If it does, well, someone be brutally honest. If no one helps me to understand, then when I step in front of the judge, he for certain, will.

*Please also keep in mind, not everything in the report attached is accurate or the truth.* The dispatch who took this call obviously could hear us BOTH screaming, at each other. Yet that its included in any of the witness statements. Coupled with the other discrepancies, the accuracy of the report should be questioned. At least In my book. Then again, no one would've went to jail that day had it been my book we were going by. lol

 

[quincy]

I will be attending my PreTrial conference Monday - the following Thursday is eviction.
There is a chance, however big or small, that the disorderly conduct case could be dismissed before the eviction court.
Does it not matter whether I am found guilty or have the case dismissed completely? If the judicial system does not find pursuing criminal charges, why should the eviction have any grounds from that point on? Especially given this is my first incident since moving in Jan. 2016.

I just simply am having a difficult time coming to terms with having to uproot my entire family over an incident that should have never escalated to the point that it did. How many times a day does a mother yell at a driver who drive past her children too fast for comfort?

Again, you should refer to the terms of your lease.

If the disorderly charge against you is dismissed on Monday, you can ask your landlord if he is willing to reconsider the eviction.

I agree with Just Blue. Your use of profanity (especially in front of children) no doubt escalated the incident to the point where police intervention was deemed necessary.

At the hearing, you can bring up what you see as discrepancies in the report and you can bring witnesses who can support your version of the incident.

Here is a link to the disorderly conduct law:
https://www.legis.nd.gov/cencode/t12-1c31.pdf#nameddest=12p1-31-01

 

[Zigner]

I'm going to address a question you asked the other driver: Yes, you need to prevent your children from running in front of traffic. If a leash is required, so be it.

 

[quincy]

I'm going to address a question you asked the other driver: Yes, you need to prevent your children from running in front of traffic. If a leash is required, so be it.

The unleashed dog could also be a violation of the lease.

 

[CdwJava]

In any criminal legal proceeding, the REPORT will not be evidence against you. Statements and observations of the involved parties will. So, regardless of what the report might say, it is largely a recounting of events from the witnesses coupled with what little they observed while they were on scene (which would have been little since they were not present during the primary altercation). The dispatchers note about the location of the dog is NOT evidence. It is a note that the dispatcher entered - perhaps in error, or perhaps based upon the statement of whomever they spoke to.

Consult an attorney to assist with the criminal aspect of this, and you may want to speak with another attorney who deals with landlord-tenant matters with regards to any pending eviction.

 

[quincy]

In any criminal legal proceeding, the REPORT will not be evidence against you. Statements and observations of the involved parties will. So, regardless of what the report might say, it is largely a recounting of events from the witnesses coupled with what little they observed while they were on scene (which would have been little since they were not present during the primary altercation). The dispatchers note about the location of the dog is NOT evidence. It is a note that the dispatcher entered - perhaps in error, or perhaps based upon the statement of whomever they spoke to.

Consult an attorney to assist with the criminal aspect of this, and you may want to speak with another attorney who deals with landlord-tenant matters with regards to any pending eviction.

I agree that it would be smart to have an attorney.

Having an attorney speak for you at the hearing, IvoryuNicole, can help you present a clear picture of what happened. An attorney can also help keep emotions in check to prevent any additional verbal altercations between you and your neighbor.

When the parties involved have different versions of the same incident, a judge will be looking at whatever evidence is presented (including witness testimony). The judge will also look at the how the parties behave around each other. Attitude and appearance can matter as much as words.

 

[Taxing Matters]

PD REPORT What is the name of your state? Williams County, Williston, ND 58801

1. Can I be evicted after being arrested for disorderly conduct as a result of an argument between my neighbors and myself I yelled for them to slow down with kids and animals in the road ????( next to a park)

A lot depends on what your lease says. If your lease says that you may be evicted if you commit any crimes then committing disorderly conduct would violate the lease and be grounds for eviction. But the landlord may be jumping the gun since you have not been convicted yet. So if the landlord is relying on this kind of lease violation you might be able to resist the eviction based on the fact that there has been no conviction yet.

Another possibility is that the landlord may terminate the lease if you are at the end of your lease term or are on a month-to-month tenancy. Here the landlord would first have to give you the required notice sufficiently in advance of the lease termination for the termination to be effective. In most states that period is 30 days (some make it 60, a few are less) unless the lease itself specifies some longer time. So if the landlord did not provide the necessary notice or did not serve the notice properly that might also give you grounds to resist the eviction.

You'd likely fare better in challenging the eviction with the help of an attorney.

2. Can children initially be questioned without parent present - 16 year old sister was only person home, and if so could what they tell the cops at that point be used as grounds to arrest someone?

A 16 year-old may certainly be questioned by police without the child's parents present and if what the teen states is sufficient for probable cause then that would be enough for the arrest. But here it seems that it would not just be the statements of the teen, but the statements of your adult neighbors, too, that all together provided the probable cause.

3. Police report contains clear contradictions from both the police officers statements and from the handwritten statements provided by the "victims", is this legal?

Yes. The police report is nothing more than the report the officer makes to his/her superiors detailing his/her actions at the incident. The public places way too much weight on police reports. The police report is hearsay (as that term is defined in evidence law rather than how the general public uses it) and thus is not admissible in court. The officer didn't see what happened. The officer simply took the statements of the various witnesses and formed his/her conclusion that there seemed to be at least probable cause (which is not a high standard) to arrest you for disorderly conduct.

You'd do well to get a criminal defense attorney to assist you with your defense against the charges. The lawyer will know the process and the law much better than you do and can more easily spot potential defenses for you and properly present those defenses to give you your best shot at a dismissal or acquittal.

Now for a personal observation. You started the conflict by yelling at them and using obscenities right off the bat. That's going to be perceived by pretty much everyone as angry, hostile, and potentially threatening. That will often then cause them to get defensive to react in much the same way, as they apparently did here. That results in escalating the conflict. Your reaction to that was to further escalate the incident, and it spiraled into a nasty exchange and ultimately the cops being called and you being arrested. It would have been far better for you to keep your anger in check and approach them politely, point out that their driving endangered kids and animals, and ask them to please be more careful in the future. You'd likely have gotten a much different reaction from them with that than confronting them in anger. And you'd not be facing criminal charges. However the case turns out, you can learn from this so that the next time someone does something you don't like, you can react in a more positive fashion. It is not always easy to do, but if you can keep things calm you'll tend to fare a lot better in your interactions with others, even in situations where there is some conflict.

 

[adjusterjack]

I'll throw my two cents in, for what it's worth.

I will be attending my PreTrial conference Monday - the following Thursday is eviction.
There is a chance, however big or small, that the disorderly conduct case could be dismissed before the eviction court.

There is also the chance that you can be convicted. You would be foolish not to have a lawyer, especially in light of your apparently uncontrollable temper.

Does it not matter whether I am found guilty or have the case dismissed completely? If the judicial system does not find pursuing criminal charges, why should the eviction have any grounds from that point on?

North Dakota statute 47-16-13.2 Tenant Obligations
A tenant of a residential dwelling unit shall:
7. Conduct oneself... in a manner that will not disturb the tenant's neighbors' peaceful enjoyment of the premises.

https://law.justia.com/codes/north-dakota/2017/title-47/chapter-47-16/
That could be enough to get you evicted regardless of the outcome of the criminal prosecution.

 

[IvoryuNicole]

Welp ‍ general consensus is to tuck tail and get out of here, essentially. This is essentially my peers so say, my jury, and this wasn't at all the outcome I'd expect. In lightening to say the least.

I have to defend myself just one last time, however so minor. The way the statements twist the story, paints me in this irrational light, beligerant, to say the least. Yes I cussed, I've got a pretty obscene mouth, blame that to 9 years working rigs. I take my part of the blame, shared blame it should be.

Sighs, I've got good intentions just horrible delivery.

 

[quincy]

... I've got good intentions just horrible delivery.

When you see a car going too fast in an area of children or dogs, the reaction is going to be an emotional one. I don't fault you for being angry at the driver.

But ... angry outbursts in public attract attention.

I think when you appear in court on the disorderly conduct charge, you would be smart to appear with an attorney. You need to be careful not to react to what the neighbors say, either with words or with a roll of your eyes, even if they lie about what happened. The judge will be watching you.

Be polite, be contrite, and hope for the best.

Good luck.