call to 911 leads to criminal court

[PTM]

What is the name of your state? GA

One of my neighbors called 911 on me and accused me of selling drugs out of my home, the police took it one step further and go a no knock warrant to search my home, after searching my home and destroying most of my home and belongings no drugs were found. I was taken into arrested anyway and charged with reckless conduct. When I am cleared of these charges can I and should I take legal action on my neighbor for making that call to false 911 call?

 

[seniorjudge]

What is the name of your state? GA

One of my neighbors called 911 on me and accused me of selling drugs out of my home, the police took it one step further and go a no knock warrant to search my home, after searching my home and destroying most of my home and belongings no drugs were found. I was taken into arrested anyway and charged with reckless conduct. When I am cleared of these charges can I and should I take legal action on my neighbor for making that call to false 911 call?

Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts.

Don't chew gum, smoke, or eat. (Smokers...pot or tobacco...literally stink. Remember that before you head for court.)

Bathe and wash your hair.

Do not bring small children or your friends.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and that the ticket not go on your record, if applicable. Ask also about getting a hardship driving permit, if applicable. Ask about drug court, if applicable.

From marbol:

“Judge...

You forgot the one thing that I've seen that seems to frizz up most judges these days:

If you have a cell phone, make DAMN SURE that it doesn't make ANY noise in the courtroom. This means when you are talking to the judge AND when you are simply sitting in the court room.

If you have a ‘vibrate’ position on your cell phone, MAKE sure the judge DOESN'T EVEN HEAR IT VIBRATE!

Turn it off or put it in silent mode where it flashes a LED if it rings. AND DON'T even DREAM about answering it if it rings.”

(Better yet, don’t carry your cell phone into the courtroom.)”


Here are five stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I’ve been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter/wife/ex-wife/niece/grandma/grand-daughter is pregnant/sick/dying/dead/crippled/crazy and needs my help.

3. I’ve got a job/military posting in [name a place five hundred miles away].

4. This is the first time I ever did this. (This conflicts with number 5 below, but that hasn’t stopped some defendants from using both.)

5. You’ve got the wrong guy. (A variation of this one is the phantom defendant story: “It wasn’t me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off.” Or, another variation: “I was forced into it by a bad guy!”)

https://forum.freeadvice.com/showthread.php?p=854687#post854687

Public defender’s advice

http://newyork.craigslist.org/about/best/sfo/70300494.html


Other people may give you other advice; stand by.




https://forum.freeadvice.com/showthread.php?p=884061#post884061


There are thousands of posts similar to yours so I have prepared a standard answer:

Get a lawyer.

Invest $20K and three years.

Sue the bad people for defamation.

If you win, expect them to keep doing it.

If you lose, expect them to keep doing it.


Stand by for other opinions.

 

[moburkes]

How was the call false?

What is the name of your state? GA

One of my neighbors called 911 on me and accused me of selling drugs out of my home, the police took it one step further and go a no knock warrant to search my home, after searching my home and destroying most of my home and belongings no drugs were found. I was taken into arrested anyway and charged with reckless conduct. When I am cleared of these charges can I and should I take legal action on my neighbor for making that call to false 911 call?

Why did they charge you with reckless conduct? What did you do? How do you know who called you?

 

[PTM]

reckless

the accusation states that i put my family in harms way because I did not allow the police to search my home when they 1st came to the door in response to the 911 call my neighbor made accusing me of selling drugs out of my home. When the police returned later that night with the no knock they make a second claim that I forced them to do a dynamic entry which in turn constituted a gross deviation from the standard of care that a reasonable person would exercise in a situation like this.

I know my neighbor called because i have the 911 tape and I also hired a PI to trace the number. He called from his work cell phone which is registered to his company of which he is one of the founders/owners. I wonder if I can sue his company as well???? The worst part is when I returned to my house after posting a 15k bond all my other neighbors would not talk to me and I ended up having to move and taking a bath sales price of my home.....

 

[fairisfair]

and you are going to prove that the call was "false" how?? What purpose or motive would this person have had to make this report unless they truly believed that you were selling drugs out of your home?? Sounds like this belief was a consensus, neighbor, police and rest of the neighborhood.

 

[PTM]

proof

i dont even know the guy, it seems that there should be some sort of recourse for people making claims as slanderous as this one...he might as well have called me a murder or a rapist......

 

[fairisfair]

i dont even know the guy, it seems that there should be some sort of recourse for people making claims as slanderous as this one...he might as well have called me a murder or a rapist......

So the fact that you "don't know the guy" caused you to refuse to open your door to the police??

 

[rmet4nzkx]

You knew the police were returning with a warrant and you barred the door requiring them to take a battering ram to gain entry, in the mean time you could dispose of much evidence. Sounds like you are guilty of something. A report need only be made in good faith, it doesn't need to be accurate. You have no case.

 

[PTM]

facts

i did not know anybody called the cops when they came to my door the night in question, it was not until I got the 911 tapes in discovery that i was able to figure it out that he called. And you darn right I would never let anybody that I dont know into my home police or not.

seeing we are getting off track i will ask this a different way if somebody tells the cops that you are selling drugs and you are not can you sue them if so what kind of lawyer would i need to hire?

 

[rmet4nzkx]

i did not know anybody called the cops when they came to my door the night in question, it was not until I got the 911 tapes in discovery that i was able to figure it out that he called. And you darn right I would never let anybody that I dont know into my home police or not.

seeing we are getting off track i will ask this a different way if somebody tells the cops that you are selling drugs and you are not can you sue them if so what kind of lawyer would i need to hire?

The police don't have to tell you anything or even the truth.
They had probable cause to search your house based on the call, if they make an appointment, you have time to dispose or alter evidence, thus searches are done without warning to maintain the chain of custody in part for your protection. If you had nothing to hide, there is no reason that you should not have allowed police officers into your home for a search and especially when they returned with a warrant. It doesn't matter at that point whether or not they had probable cause on the first attempt, they had a warrant the second time and you gave them all the cause they needed. You should consult a criminal defense attorney.

 

[fairisfair]

i did not know anybody called the cops when they came to my door the night in question, it was not until I got the 911 tapes in discovery that i was able to figure it out that he called. And you darn right I would never let anybody that I dont know into my home police or not.

seeing we are getting off track i will ask this a different way if somebody tells the cops that you are selling drugs and you are not can you sue them if so what kind of lawyer would i need to hire?

you can sue anyone for anything. a really dumb one, or one that you pay in advance.

 

[AHA]

And you darn right I would never let anybody that I dont know into my home police or not.

Yikes, you better hope your house never catches fire then.

 

[john123456]

There is so much more to this story.

 

[bellarose]

What is the name of your state? GA

One of my neighbors called 911 on me and accused me of selling drugs out of my home, the police took it one step further and go a no knock warrant to search my home, after searching my home and destroying most of my home and belongings no drugs were found. I was taken into arrested anyway and charged with reckless conduct. When I am cleared of these charges can I and should I take legal action on my neighbor for making that call to false 911 call?

Sounds like you had better hire yourself a good criminal lawyer and hold on for the ride of your life! Good Luck!

 

[rmet4nzkx]

Sounds like you had better hire yourself a good criminal lawyer and hold on for the ride of your life! Good Luck!

Why are you digging up old posts?