ARRESTED FOR SELF DEFENSE

[Phoenix]

I am currently facing substantial criminal charges. The scenario goes as follows:

Roommate mixes booze with benzos - becomes aggressive - including threats against my 8-year-old son who (luckily) wasn't there at the time.

I throw him out. He keeps coming back into the house. I keep telling him to get out. My cell phone is discharged and I can't call 911 so I tried to seek refuge at a neighbor's place. Unfortuantely, he wasn't home. I see my roommate go to his car and I re-enter the house, locking the door behind me. My roommate pursues me, unlocks the door and forces it open - knocking me over in the process (I was leaning up against the door to keep him out). He then starts taking things that are mine.

I went to the cabinet and got my gun. I pointed it at him and told him to get out or I will shoot. He walks towards me, leans his chest into the piece and makes a comment about me not having the nerve. Then he leaves - and I heard him calling 911 in the process.

About 10 minutes later 9 cop cars show up, my home is surrounded by 12 officers. I heard them outside before they even said anything. I went to the window and volunteered to come out. I unlocked the front door and was arrested.

Long story short (too late) I'm now facing two M1, one M2 and three code violations because of the complete B.S. story that my ex-roommate had given them. His story is that I threw him out, he left and when he came back into the house to get a box, I met him with a gun and pointed it in his face.

The arresting officer even acknowledged that my ex was hammered out of his mind, but they did nothing about it - they never even checked his BAC. Not to mention, my roommate has a warrant for his arrest (outstanding DUI charge in a neighboring state) but, of course, the cops did nothing about this either.

One of my charges is based on the fact that I was carrying a "concealed weapon". Uh, hello? I was in my own house, the gun wasn't on me - it was in a cabinet and I had to go and get it. I never left the house with it. I'm also being charged with reckless endangerment and terroristic threats.

I'm a woman, he's a man. He's a man who stands a foot taller than me and was drunk/stoned out of his mind - and I'm the one facing criminal charges? I feel like I'm being rail-roaded because I don't meet the stereotype of the female "victim". As a woman, I defended myself against a psycho. I guess this automatically means that something's wrong with me because I should have just quivered in a corner? During the prelim he went so far as to allege that I tried to take him hostage. I could have dropped dead when he said that. Best part is, now he's on the "system" and all of his legal fees, housing, food and medical needs are being paid for by the taxpayers.

I just need some feedback here from someone. I haven't been able to defend my position once since I was arrested. I mean, for God's sake, I've never even had a parking ticket.

[FJF0311]

Sorry to hear about your misfortune. I hope it will work out for you. By the way,what state did this happen in?

[Phoenix]

Pennsy.

[FJF0311]

Wow, surprised to here that. Here in Maryland, it wouldn't be that surprising.

[Phoenix]

Is MD's gun control like NJ's?

[CampingJosh]

Phoenix, you need to get yourself a decent attorney.
Especially if the police officers on the scene will testify that this guy was on something, then you shouldn't have a problem (other than outrageous legal fees... but that's just the system).

The only other thing I can tell you is that you should probably take down your original posting until everything in the case is settled. I didn't see anything in it that is particularly condemning, but you still don't want to give an overly aggressive prosecutor anything to use against you in court. You really probably shouldn't discuss the charges with anyone other than your lawyer.

The situation sucks, and I will definitely pray for you. Welcome to TFF.

[jim summers]

You never said anything about having legal counsel and it sounds like it would be in your best interest to obtain one if you don't have.

It also sounds like the police dropped the ball when they didn't take him into custody provided they knew his circumstances.

It does not seem fair but it sounds like you are going to have to prove you are not the one at fault here. I hope this jerk was not your boyfriend(probably not after this incident)

I do hope the best for you, it is crazy out there anymore Good Luck


To Whom Much Is Given, Much Is Required.

[FJF0311]

Originally Posted by Phoenix

Is MD's gun control like NJ's?

Well, for one thing....

When I bought my M1A supermatch for competing in DCM matches I had to wait 5 days for a background check. (Even though there is such a thing as the instant check) Maryland won't even after 5 days "APPROVE" you for the purchase. your paperwork comes back with a inch and a half tall stamp that reads "NOT DISAPPROVED"

[GoodOl'12gauge]

Shoulda shot em dead men tell no tails

[Marlin]

Josh and Jim are correct in that you need to have good Legal Counsel [Attorney] in order to have you side presented in a manner that will command respect and consideration. He or she will be able to get the frivolous charges, i.e., the concealed weapon charge, handled post haste.

Unfortunately in a non-castle doctrine state, of which Pennsylvania is one, it is almost impossible for one to properly defend themselves of this type charge. Also, you need protection from being found by the court, non-criminally, using a firearms in a "Domestic Dispute" which could affect your gun rights for a lifetime.

It makes no difference what surrounding states do, as you are charged under Pennsylvania law and are being prosecuted by a Pennsylvania DA or City Attorney, each of whom are likely to be very prejudiced in one direction or another. It is imperative that you are defended by someone that can meet there match.....

[whirley]

Marlin..I live in rural Pennsylvania and have always been under the impression that it was a "castle state". I'd appreciate additional information. I know you can't use firearms against anyone outside the house, but have always been under the impression the once they're in, their big problem is getting out. I also was told that under our State Constitution, deadly force was permissible if you were "in fear of bodily harm" and had no way to eascpe.

[Marlin]

I'm not familiar with Pennsylvania specifically but did note that it is NOT listed as having a "Castle Law" on the several Websites that keep up with this data. Your description and understanding indicates the common law practice in most states, though not all.

What a "Castle Law" specifically grants, in general, is that in addition to all you mentioned, one would have NO OBLIGATION to retreat and CANNOT be prosecuted for use of force in his domain for failure to take the retreat option FIRST. In fact, many states have case law histories on this point and prosecutors will pursue aggressively relative to the necessity to retreat as a required maxim even within the personal domaine.

That is why the pursuit of enactment of "Castle" laws is so important.....

[Terry_P]

You probably would be better off if you had pulled the trigger.

[user]

Originally Posted by CampingJosh

Phoenix, you need to get yourself a decent attorney.
Especially if the police officers on the scene will testify that this guy was on something, then you shouldn't have a problem (other than outrageous legal fees... but that's just the system).

The only other thing I can tell you is that you should probably take down your original posting until everything in the case is settled. I didn't see anything in it that is particularly condemning, but you still don't want to give an overly aggressive prosecutor anything to use against you in court. You really probably shouldn't discuss the charges with anyone other than your lawyer.

The situation sucks, and I will definitely pray for you. Welcome to TFF.

I'd agree with all that, but also suggest that the original post is a problem, though it may already have been copied for use as evidence against you. The problem is not the gun; the problem is the use of the phrase, "room mate"; that makes it a domestic relations problem, not a trespasser problem.

Get a lawyer who wants to go to trial and win at trial. Any idiot can charge you money to do a plea bargain. You don't want that, you want "not guilty". Some lawyers are really good, some are really bad, and most are average - you want a good one. And frankly, Pennsylvania has a reputation for having a few really good lawyers, all of whom reside in Philadelphia, and a lot of really bad lawyers, because their bar exam used to be so easy to pass that people who'd flunked five times somewhere else could move to Pa. to become attorneys. But I'm sure there's a good lawyer close enough to where you live that if you do some diligent homework you can find that person.

Borrow money if you have to, and btw, I'd expect a case like that to cost about six thousand dollars in legal fees. THEN, after the "not guilty" verdict, file suit against the trespasser for malicious prosecution, false arrest, false imprisonment, and abuse of process. The legal fees you had to pay, as well as the annoyance and inconvenience, lost wages, etc., are all damages you can recover. I think a jury would give you punitive damages as well.

CampingJosh made the best point when he said, "I will pray for you" - that's the most effective thing you can do; get everyone you know to pray for you. You'll be surprised what can happen when you ask Daddy to step in and help. And you're not a worthless person to Daddy, no reason to do the shame, fear, and guilt thing. Daddy loves you unconditionally, and will help you because He loves you.

[CTM]

sounds just like the law around here.get a good lawyer and it will work out.

[noslolo]

Welcome aboard and prayers sent! take down the post ASAP!

[Starlord174]

Phoenix, I certainly hope you were more closed-mouth when you were talking to the cops before you got a lawyer than you were in your post. You should never have posted this in a public forum. If the police become aware of it, they can pull off a copy of it and try to use it in court against you. It may be too late in this case to give advice, but for future reference, if you are ever accused of a crime or the police give you an indication they are investigating you, keep your mouth shut until you have a lawyer by your side. As a former police officer, I guarantee you that under these circumstances, the police are not your friends. The military tells recruits, if captured, give name rank and serial number only. Wise advice. Under our constitution, all you are required to tell the police is your name and address. If you are arrested, you must provide the information for the booking procedure. We had a judge refuse to see a prisoner for four days because he refused to answer the booking questions, including his name. The judge cannot give an initial appearance to a John Doe. Other than the information for identification, the police do not need to know anything you have not cleared with your lawyer. Keep your chin up, the wheels of jusice grind slowly, but they grind completely. If you are innocent and the police tell the truth, you will be vindicated.

[Laufer]

Phoenix: Hang in there lady. We are rooting for you.

I'm on your side.
Although I have NO tng with law enforcement or legal tng, the advice to delete your comments which could help incriminate you is excellent advice.

Try to muddle through it any way you can. That guy's documented record will help you somehow.