NDickinson
Junior Member
What is the name of your state (only U.S. law)? Arizona
First, please allow me to apologize if it seems as if this is my first posting here. I know I had an account at one time but it's been some time since I posted anything. One of my pet peeves is a newb doing a "hit and run" on boards.
Now - the problem...
Two nights ago my 26 year old son and I got into an argument that began with his complaining he shouldn't have to pay rent while he lives with us since "...I'm never here". The result was my kicking him out of the house (again) and his flipping out (again) requiring the intervention of the police (again).
During the argument, my son ripped the telephone from the wall to prevent my calling the police and hitting me twice, one breaking my arm, to prevent my using my cell phone to call the police. I was able to call them and he ran outside the house. When he did this, I closed and locked the front door and leaned against it. While on the phone with the dispatcher, he kicked the door in, flinging me against the wall, giving me a black eye.
After this, he called the police form his cell phone, dialing 911 rather than their direct line, as I had done, telling them I was threatening him with a gun (I did not). In their initial investigation, I, my husband and our 15 year old son all told them what really happened. My son told them his lies, following it up with, "I'm an MP in the Army". (He's not. He was but was terminated from that unit for losing his security clearance due to bad credit and sent back to his Combat Engineer unit) Once this was said, they stopped investigating, told me I was being arrested for "Domestic Mayhem & Violence" and I spent the night in jail, while my son was permitted to go on his merry way. I have never been in jail much less arrested and I spent the night hovering on tears, if not outright crying, the entire time.
During my stay at the jail, I was told I would get a phone call (I didn't because they said I was being "uncooperative") The "uncooperative part came because I answered every question they asked me with "I want an attorney" and it was early enough in the day that I could have reached our attorney.
During the scuffle my son ripped the phone off the wall and struck me twice, one of which broke my arm (and I wasn't permitted medical care). He also kicked in the front door, breaking it and slamming me against the wall. In spite of all of the evidence to the contrary, the four police officers here heard, "I'm an MP" and took everything he said as gospel. I was even told in the police car, "He's an MP. He wouldn't jeopardize his military career as one by lying." Really? It happens all the time - how about taking a look in the mirror?
I was never mirandized by anyone. It wasn't until I was in the judge's chambers the next day being released OR that something was said about this. The conversation:
Judge - Mrs. Dickinson, are you aware of the charges against you?
Me - Actually, no. I was told it was for refusing to sign the citation, then I was told it was for Domestic Violence, then I was told it was for Domestic Mayhem because I yelled at my son and this morning I was told it was for threatening my son with a gun, which is bogus because it didn't happen.
Judge - Mrs. Dickinson, please don't say anything more. Are you not familiar with your Miranda rights?
Me - As an educated person, yes, I AM aware of them - I was just never told them at all in this process, nor did I sign any forms since I wasn't permitted to have an attorney present in spite of my asking for one repeatedly.
Judge - runs through (very quickly, less than 5 seconds) my "rights" and I couldn't understand very well because he spoke so fast
Me - signed the form to make an appearance for the arraignment.
We are seeing our attorney this morning to discuss all of this and he believes he can get it dropped given my son has a history of domestic violence both against me and his ex-wife.
I was finally released yesterday at around 2:00 PM, after nearly 24 hours in this hell hole and came home.
While I'm sure folks in the legal profession are used to hearing this, I truly AM innocent of that which I am charged. When the police asked me where our weapons were in the house, I had to ask my husband because I didn't know. When they asked me if I had ever pointed one of our weapons at another person, I told the, "Yes, when someone attempted to break into our home last year. It should be in your records." That was when they handcuffed me, saying, "Based on that statement, we believe you did threaten your son with the shotgun". And, BAM, I was gone.
To attempt to wrap this up, we had to remove our shotgun and rifle from the house (which I get, I just don't agree in this instance) and my son, who was also charged, I think, with Domestic Violence or Mayhem was permitted to keep his because, "It's okay. He's an MP and it's his duty weapon". It's not his duty weapon, he just bought it last Friday at a local gun store, and it's NOT okay for a law enforcement officer to keep any weapon once charged with a Domestic charge of any kind. He also lives now with a young man who recently purchased a rifle and a hand gun. I was arrested, he was permitted to go to his new domicile.
My questions:
1. I intend to allow my attorney to handle this but what can I expect from the process?
2. If the charges are dropped and it is proven my son lied, will I be able to sue him civilly for the attorneys fees I will have to pay. To start, it's $2500 dollars which we simply don't have but this attorney has been with us for years and will hopefully allow us to make payments.
3. Once it's established my son has lied left, right and center, can he be charged with making a false statement? Will I have to push it?
4. My son is (obviously) mentally ill and we have been trying to get him some help for years now. Can he be ordered to do so by the courts?
Needless to say, I am cutting this kid out of my life due to the toxic nature of our relationship. He is willing to sell me out to protect himself because had he told the truth he would have been arrested. I have a broken arm (to be fair, it is a hairline fracture, a defensive wound trying to deflect his hitting me and it's in a soft cast), a black eye, a broken front door and a broken wall phone and he got to walk away from it all.
I would appreciate any insight anyone can give me into this process. I've managed to stay out of trouble for 45 years and now my son has screwed me blue. Finally, when my son heard I had been arrested, he told both my husband and the booking office to call him once bond was set, that he would pay it. However, he also told the police and my husband that he was going to seek an Order of Protection because he was "afraid for his well-being" were he to not have this. My first question to my husband was, "If he's so afraid, why is he attempting to expedite my being released?"
First, please allow me to apologize if it seems as if this is my first posting here. I know I had an account at one time but it's been some time since I posted anything. One of my pet peeves is a newb doing a "hit and run" on boards.
Now - the problem...
Two nights ago my 26 year old son and I got into an argument that began with his complaining he shouldn't have to pay rent while he lives with us since "...I'm never here". The result was my kicking him out of the house (again) and his flipping out (again) requiring the intervention of the police (again).
During the argument, my son ripped the telephone from the wall to prevent my calling the police and hitting me twice, one breaking my arm, to prevent my using my cell phone to call the police. I was able to call them and he ran outside the house. When he did this, I closed and locked the front door and leaned against it. While on the phone with the dispatcher, he kicked the door in, flinging me against the wall, giving me a black eye.
After this, he called the police form his cell phone, dialing 911 rather than their direct line, as I had done, telling them I was threatening him with a gun (I did not). In their initial investigation, I, my husband and our 15 year old son all told them what really happened. My son told them his lies, following it up with, "I'm an MP in the Army". (He's not. He was but was terminated from that unit for losing his security clearance due to bad credit and sent back to his Combat Engineer unit) Once this was said, they stopped investigating, told me I was being arrested for "Domestic Mayhem & Violence" and I spent the night in jail, while my son was permitted to go on his merry way. I have never been in jail much less arrested and I spent the night hovering on tears, if not outright crying, the entire time.
During my stay at the jail, I was told I would get a phone call (I didn't because they said I was being "uncooperative") The "uncooperative part came because I answered every question they asked me with "I want an attorney" and it was early enough in the day that I could have reached our attorney.
During the scuffle my son ripped the phone off the wall and struck me twice, one of which broke my arm (and I wasn't permitted medical care). He also kicked in the front door, breaking it and slamming me against the wall. In spite of all of the evidence to the contrary, the four police officers here heard, "I'm an MP" and took everything he said as gospel. I was even told in the police car, "He's an MP. He wouldn't jeopardize his military career as one by lying." Really? It happens all the time - how about taking a look in the mirror?
I was never mirandized by anyone. It wasn't until I was in the judge's chambers the next day being released OR that something was said about this. The conversation:
Judge - Mrs. Dickinson, are you aware of the charges against you?
Me - Actually, no. I was told it was for refusing to sign the citation, then I was told it was for Domestic Violence, then I was told it was for Domestic Mayhem because I yelled at my son and this morning I was told it was for threatening my son with a gun, which is bogus because it didn't happen.
Judge - Mrs. Dickinson, please don't say anything more. Are you not familiar with your Miranda rights?
Me - As an educated person, yes, I AM aware of them - I was just never told them at all in this process, nor did I sign any forms since I wasn't permitted to have an attorney present in spite of my asking for one repeatedly.
Judge - runs through (very quickly, less than 5 seconds) my "rights" and I couldn't understand very well because he spoke so fast
Me - signed the form to make an appearance for the arraignment.
We are seeing our attorney this morning to discuss all of this and he believes he can get it dropped given my son has a history of domestic violence both against me and his ex-wife.
I was finally released yesterday at around 2:00 PM, after nearly 24 hours in this hell hole and came home.
While I'm sure folks in the legal profession are used to hearing this, I truly AM innocent of that which I am charged. When the police asked me where our weapons were in the house, I had to ask my husband because I didn't know. When they asked me if I had ever pointed one of our weapons at another person, I told the, "Yes, when someone attempted to break into our home last year. It should be in your records." That was when they handcuffed me, saying, "Based on that statement, we believe you did threaten your son with the shotgun". And, BAM, I was gone.
To attempt to wrap this up, we had to remove our shotgun and rifle from the house (which I get, I just don't agree in this instance) and my son, who was also charged, I think, with Domestic Violence or Mayhem was permitted to keep his because, "It's okay. He's an MP and it's his duty weapon". It's not his duty weapon, he just bought it last Friday at a local gun store, and it's NOT okay for a law enforcement officer to keep any weapon once charged with a Domestic charge of any kind. He also lives now with a young man who recently purchased a rifle and a hand gun. I was arrested, he was permitted to go to his new domicile.
My questions:
1. I intend to allow my attorney to handle this but what can I expect from the process?
2. If the charges are dropped and it is proven my son lied, will I be able to sue him civilly for the attorneys fees I will have to pay. To start, it's $2500 dollars which we simply don't have but this attorney has been with us for years and will hopefully allow us to make payments.
3. Once it's established my son has lied left, right and center, can he be charged with making a false statement? Will I have to push it?
4. My son is (obviously) mentally ill and we have been trying to get him some help for years now. Can he be ordered to do so by the courts?
Needless to say, I am cutting this kid out of my life due to the toxic nature of our relationship. He is willing to sell me out to protect himself because had he told the truth he would have been arrested. I have a broken arm (to be fair, it is a hairline fracture, a defensive wound trying to deflect his hitting me and it's in a soft cast), a black eye, a broken front door and a broken wall phone and he got to walk away from it all.
I would appreciate any insight anyone can give me into this process. I've managed to stay out of trouble for 45 years and now my son has screwed me blue. Finally, when my son heard I had been arrested, he told both my husband and the booking office to call him once bond was set, that he would pay it. However, he also told the police and my husband that he was going to seek an Order of Protection because he was "afraid for his well-being" were he to not have this. My first question to my husband was, "If he's so afraid, why is he attempting to expedite my being released?"
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