Tennessee
To start off with, some information that might or might not be useful, the local police department accused me of downloading child porn, I have to appear in front of a jury for that case in May, to try to clear my name. I've been fighting these charges for 6 years. Now, as I'm not sure if this will be relevant, to my question, it MIGHT, otherwise I wouldn't have mentioned it.
July the 4th, I was at my uncles for his annual barbecue with the whole family. One of my cousins and his girlfriend got into an argument, and they left to go home. Five minutes later, his girlfriend was back, crying, bruised, and saying he had just hit her. My uncle made it clear that he was not to come back that night, and we assumed it was over. A couple hours later, he came back, and was literally looking for a fight. My other cousin, my uncles son, told him like it was, you wanna fight lets do it, and they fought. Abuser got beat pretty bad, went back home and called the cops. They show up, literally nothing happened. Might be worth mentioning, he had weed when the cops got there. Now, a few months prior, a family friend and her husband got into an argument, no punches were thrown, but her mom got scared and called the cops, and both people involved went to jail and were charged with domestic that day.
So, fast forward to last month, the Abuser cousin messaged me on facebook, and cussed me out for who knows why. I asked him what his deal was, and he blamed me for getting him put on probation. Now, how he figures that, I have no idea, so, I was like whatever dude, and laughed it off, and ignored his messages for a few days. Couple days pass, and in my room, I hear this vehicle revving real loud outside my house. Initially, I ignored it, just thinking it was a local idiot being an idiot, but then facebook dinged at me, and I checked it, the Abuser cousin messaged me asking where I was. I was like why? he said he wanted to fight. I told him he knew where he could find me, and after I sent it, I heard the engine rev again. I looked out my window, and it was him in his truck, he then messaged me saying he would meet me in the road. My intentions when I went out were not to fight, I went out just to try to talk, and technically, I never went in the road, but he jumps out cussing me, fuming mad for God knows why, and at that point all I wanted to do was talk him down, and figure out what his beef was with me. Well, a second person got out of the truck and joined in on cussing me out, so, I decided it was best if I went back inside, I could smell the alcohol on Abuser cousins breath, and when the other dude got out I smelled weed, and to be honest, I knew I didn't stand a chance trying to fight in that situation, had I thrown the first punch, they would have double teamed me, and it was clear that between the alcohol, weed, and peer pressure, that he was about to fight, so, I told him when he sobered up, he could come back by himself, and we could talk about whatever it was, and if we couldn't settle it with talking, I assured him an ass whooping... I started to turn to go back inside, and the other dude runs up and kicks me between the legs, the Abuser cousin yells "Yea, you are a pedophile, pedophiles all need to die!" as he runs towards me, and shoves me, then they both went and got in the truck and left. My mom, being the kind of person she is, called the cops. Abuser cousin drove his truck past my house like 20 more times that night, before the cops got here, and the last time he drove by, he was on the wrong side of the road and nearly hit the responding officer head on. He called in another officer to pull dude over. I explained to him what had happened, and the events back in July, didn't leave anything out. He proceeds to tell me two things, one, the other officer was able to find them and pull them over, and two, he was thinking that it was a mutual fight anyway, and wasn't going to do anything in regards to the trespassing and assault... After that he left, and Abuser cousin drove up and down my road 50 more times...
The reason I think the first information I shared is relevant here is because I brought the issue up with the lawyer who is fighting that case and he knew exactly who the abuser cousin was, and even had some information about him in my files, although I had never brought him up, since I don't think he knows anything useful about what happened all those years ago. In that information, my lawyer also had it noted that Abuser cousin was on probation. He also isn't much help in answering my questions about these recent events, since as of right now hes trying to stay focused on helping me clear my name in those charges. He did say that abuser cousin hasn't been back to court on any VoP charges since he got put on probation.
Now to my questions.
As far as the 9 crimes, Assault, Trespassing, DUI, Simple Possession, and if you count Violation of Probation as separate crimes, a VoP for the of each of those, and a VoP becasue he was drinking, and as far as i know, its VoP if you drink while on probation.
Oh, and apparently me filing assault and trespassing charges isn't an option, since the officer that responded that night dodged the question every time I asked, and my lawyer just wouldn't talk about it.
To start off with, some information that might or might not be useful, the local police department accused me of downloading child porn, I have to appear in front of a jury for that case in May, to try to clear my name. I've been fighting these charges for 6 years. Now, as I'm not sure if this will be relevant, to my question, it MIGHT, otherwise I wouldn't have mentioned it.
July the 4th, I was at my uncles for his annual barbecue with the whole family. One of my cousins and his girlfriend got into an argument, and they left to go home. Five minutes later, his girlfriend was back, crying, bruised, and saying he had just hit her. My uncle made it clear that he was not to come back that night, and we assumed it was over. A couple hours later, he came back, and was literally looking for a fight. My other cousin, my uncles son, told him like it was, you wanna fight lets do it, and they fought. Abuser got beat pretty bad, went back home and called the cops. They show up, literally nothing happened. Might be worth mentioning, he had weed when the cops got there. Now, a few months prior, a family friend and her husband got into an argument, no punches were thrown, but her mom got scared and called the cops, and both people involved went to jail and were charged with domestic that day.
So, fast forward to last month, the Abuser cousin messaged me on facebook, and cussed me out for who knows why. I asked him what his deal was, and he blamed me for getting him put on probation. Now, how he figures that, I have no idea, so, I was like whatever dude, and laughed it off, and ignored his messages for a few days. Couple days pass, and in my room, I hear this vehicle revving real loud outside my house. Initially, I ignored it, just thinking it was a local idiot being an idiot, but then facebook dinged at me, and I checked it, the Abuser cousin messaged me asking where I was. I was like why? he said he wanted to fight. I told him he knew where he could find me, and after I sent it, I heard the engine rev again. I looked out my window, and it was him in his truck, he then messaged me saying he would meet me in the road. My intentions when I went out were not to fight, I went out just to try to talk, and technically, I never went in the road, but he jumps out cussing me, fuming mad for God knows why, and at that point all I wanted to do was talk him down, and figure out what his beef was with me. Well, a second person got out of the truck and joined in on cussing me out, so, I decided it was best if I went back inside, I could smell the alcohol on Abuser cousins breath, and when the other dude got out I smelled weed, and to be honest, I knew I didn't stand a chance trying to fight in that situation, had I thrown the first punch, they would have double teamed me, and it was clear that between the alcohol, weed, and peer pressure, that he was about to fight, so, I told him when he sobered up, he could come back by himself, and we could talk about whatever it was, and if we couldn't settle it with talking, I assured him an ass whooping... I started to turn to go back inside, and the other dude runs up and kicks me between the legs, the Abuser cousin yells "Yea, you are a pedophile, pedophiles all need to die!" as he runs towards me, and shoves me, then they both went and got in the truck and left. My mom, being the kind of person she is, called the cops. Abuser cousin drove his truck past my house like 20 more times that night, before the cops got here, and the last time he drove by, he was on the wrong side of the road and nearly hit the responding officer head on. He called in another officer to pull dude over. I explained to him what had happened, and the events back in July, didn't leave anything out. He proceeds to tell me two things, one, the other officer was able to find them and pull them over, and two, he was thinking that it was a mutual fight anyway, and wasn't going to do anything in regards to the trespassing and assault... After that he left, and Abuser cousin drove up and down my road 50 more times...
The reason I think the first information I shared is relevant here is because I brought the issue up with the lawyer who is fighting that case and he knew exactly who the abuser cousin was, and even had some information about him in my files, although I had never brought him up, since I don't think he knows anything useful about what happened all those years ago. In that information, my lawyer also had it noted that Abuser cousin was on probation. He also isn't much help in answering my questions about these recent events, since as of right now hes trying to stay focused on helping me clear my name in those charges. He did say that abuser cousin hasn't been back to court on any VoP charges since he got put on probation.
Now to my questions.
- Why is it that in a domestic case where no punches were thrown, both parties went to jail, but, in a domestic case where punches were thrown, and alcohol and weed were involved, neither person involved got arrested?
- How is a fight "Mutual" when I had no intention to fight, nor did I swing back?
- How do you commit 9 crimes in one night and NOT go to jail or face any legal trouble?
- Should I be worried that my lawyer knows of, and has a mini file on abuser cousin in my files?
As far as the 9 crimes, Assault, Trespassing, DUI, Simple Possession, and if you count Violation of Probation as separate crimes, a VoP for the of each of those, and a VoP becasue he was drinking, and as far as i know, its VoP if you drink while on probation.
Oh, and apparently me filing assault and trespassing charges isn't an option, since the officer that responded that night dodged the question every time I asked, and my lawyer just wouldn't talk about it.
