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Lawyer HELP!

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jeffcat

05-25-2006 22:26:42




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How to stop the neighbor's kid? He is 18 years old and got money from a settlement. He was in the car with his grandmother. No job, has a BUNCH of bum friends showing up. Goes from 3PM till 3 AM. VERY LOUD boom box trucks and cars. One of the trucks has a police scanner in it and the police KNOW it. When people have called the 911 they tell them to have the officer call into the station CAUSE of the scanner. THEY DON"T----DUHAAAAA !!!!! ! They show up and the radios are now off. Respond times are around 15 minutes. Police have been called at least ten times and by seven neighbors. I have house damage cause the idiot threw something agaist my house. I called my lawyer and he is going to contact "recomend" another in my area. The kid has had multiple runins with the law. Been in jail several times. Has his ATV taken and then his old lady bails it out! These %$#!@ run up and down the street with unlisensed ATVS at VERY high speeds and nothing happens. The police say they can't persue cause if one of THEM gets hurt the POLICE are in trouble. She is running an unlisensed truck company out of her yard. The township knows this and does nothing. She is close to loosing her house but the kid gave her 10,000 to hold it off. The yard has three dogs and one living INSIDE. This is a damn mean big German shep. There are two rollbacks, two very high lift swamp type trucks with VERY loud pipes. There are two or three juck cars. An old trailer several ATVs and other un reconised stuff. She has "spilled" or dumped oil, antifreeze, Diesel, and more on the whole area butting up to my property. I think I will get a heavy metal soil test and a toxin test. When the police show up and give these %$@@ a talk to they are drinking and after the police go these #$@! drive away DWI. Nothing is getting done. I am going in tomorrow to see if I can talk to the mayor of the TWP. Would it be worth it to hire a private dick and set up servailance equipment? What do I need to do? PS the kid is also an under age s-e-x offender and there is no record because of under age. Tryed to rape his own cousin is what I was told. Does this need to end with one of the little kids on the block getting killed? Why is it that the trash gets away with this and the quiet good neighbor gets pooped on? I have a very good video camera. A SONY VX-2000 pro unit. Is it true that Video evidence can be used in court? I know plain audio can not. I have about three hours of fights, loud music, NAVY type cussin, and ATV street races and car and ATV burn outs. This I need to ask my lawyer.Thanks Jeffcat

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souNdguy

05-26-2006 22:24:04




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 Re: Lawyer HELP! in reply to jeffcat, 05-25-2006 22:26:42  
Your state DEP, or federal EPA are probably going to be your best bet. They have more teeth and powers than local municipalities, and county police... and in the end.. they really do enjoy their job.. that is.. fineing bad offenders into non-existance, and even jailing them.

I know of a state contractor that had his employees spraying diesel on plants ont he roadside to help maintain the road.. dep put them in jail for many years, and fine dthe company more money than it had ever made since it was in business...

That would be what i would do... You can also find out if her prop taxes are paid.. if not.. look into getting tax deeds.. and do keep filing complaints to make it a matter of permanent record.. eventually the landslide will get them..

Soundguy

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Matt from CT

05-26-2006 16:56:54




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 Re: Lawyer HELP! in reply to jeffcat, 05-25-2006 22:26:42  
My town...

Although rare, over the last couple decades I know of twice they've "shotgunned" property (although the first time was several properties in a neighborhood).

"Shotgun" means throwing a bunch of little things at once -- Selectmen (who have some old, odd powers like "fence viewing"), State Police, Zoning Officer, Wetlands Officer, State DEP, Regional Health District, Building Inspector, Fire Marshal, etc all go and conduct an in-person review of the property after getting an administrative warrant for some obvious violation.

Certainly it doesn't solve all problems, but it does help clean up property that the owners had repeatedly failed to deal with hazardous or nuisance conditions.

IIRC a couple of the properties the Town ended up putting liens against after having sent in wrecker companies and the Town Highway crew to clean up the most egregious violations.

Anyway -- I'd have you, your neighbors, and your attorney meet with the Mayor on a "What can we do about this / what other agencies can we bring to play at once" basis.

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Kevin Bismark

05-26-2006 16:36:48




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 Re: Lawyer HELP! in reply to jeffcat, 05-25-2006 22:26:42  
Wonder what state you are in, sounds like the police are useless, lots of times that is the problem, can you get some video equipment and catch some of this crap on tape, maybe have someone come and check the toxic dumping and get them that way, here in Minnesota if more than 5 gallons of something like that gets spilled you have to notify the PCA and fill out a report and they start doing tests and it"s a mess, I blew a hydraulic hose on a bucket truck here and lost less than 5 gallons of fluid, and this thing is about to go to court, even after the people came in right after and cleaned it up and steam cleaned the parking lot and said nothing got into the ground they are trying to get a new parking lot out of it and the lot is less than a year old. I wish you the best of luck.
Kevin

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Dcop

05-26-2006 16:27:14




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 Re: Lawyer HELP! in reply to jeffcat, 05-25-2006 22:26:42  
Well you hava a problem. I don't know where you are located but here in centrel Texas we deal with things like this alot. First of all DO NOT TAKE MATTERS INTO YOUR OWN HANDS. I know you want to and no one seems to want to help, most of all the cops. As one let me tell you it may not be all their fault. Not knowing the laws in your state or township all i can do is go off of my training in Texas. You say that the police have been called seven times, all for the samething or different things. As for the offenses you listed most would have to be witnessed by the officer to take action at the time of the call. As for the drinking on there own property, it is not illegal. You said that they drive there ATV's up and down the street. Is it a public road or private drive. As I understand they are opperating a towing company from the residence. Is it zoned for it. Now for what I would suggest to someone with this problem around here if they felt that nothing was getting done. First call the Police Chief ask him what can be done about the problem, DON'T TELL HIM WHAT NEEDS TO BE DONE,ask, you will get a better response. Next contact the zoning board about the towing company and junk cars, again ask what needs to be done. Animal control needs to know about the dogs if their is a violation. Now about the spilled oil and such, the EPA likes this type of stuff and may have a local office. If not contact the local Fire Dept. about the spill, it may be a HAZ-MAT problem. But most of all try to work with local law enforcement, they are there to help if they can. If you feel that the police arn't doing their jobs contact the Sheriff or the local District Attorney.

Just my input.
Dcop

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dr.sportster

05-26-2006 12:40:39




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 Re: Lawyer HELP! in reply to jeffcat, 05-25-2006 22:26:42  
Call state police "Lords of discipline".You must smell some funny odors right?



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Stan in Oly, WA

05-26-2006 11:39:38




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 Re: Lawyer HELP! in reply to jeffcat, 05-25-2006 22:26:42  
Hi jeffcat,

Sorry about your horrible situation. It sounds pretty grim. From my experience I feel that some of the most important advice you've received so far is from John T. Country Lawyer to not do anything that will let the local authorities demonstrate that they really are doing their job by coming after you. Our legal system works very effectively when it is brought against those who play by the rules.

Years ago, a guy I had gone to high school with took matters into his own hands to the not too extreme extent of moving a non-paying renter's goods out of his rented house and changing the lock. What happened for the next year or so would have made a pretty good creepy movie, and not one with a happy ending. My friend lost most of what was important to him (that kind of thing effects your mood quite a bit, and that isn't necessarily good for your marriage---his ended) and, although he didn't lose his mind, he was probably preoccupied with the situation 24/7 while it was going on, and obviously still shaken by it years later.

Don't lose sight of the fact that you're dealing with people who have unlimited time to retaliate if they want to hurt you, and who demonstrate every day (or every night) that they aren't bound by the rules of law, fairness, common decency, or a sense of proportion. Many criminals have ultra sensitive attitudes about their own rights without any corresponding awareness of anyone else's.

You've received a wide range of suggestions about what to do, lots of good advice. Here's some sappy sounding advice that follows the idea that living well is the best revenge: Don't fixate on this situation. It will eventually pass, but you'll never get back the peace of mind you've lost if you let it be all you think about. Love your family and your friends; spend good time with them as if this were not going on. Play with your dog more. Remember that you are a decent, capable, productive, intelligent person. You are respected in your community (this on-line community, among others.) I'll bet you'd rather drop dead than trade any of that for the life that your neighbor is currently leading. A life like that is actually its own punishment; it's just hard to keep that in mind when they seem to be having a great time ruining your night's sleep.

Best of luck, Stan

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Richard H.

05-26-2006 09:36:41




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 Re: Lawyer HELP! in reply to jeffcat, 05-25-2006 22:26:42  
Well..."the cops have called at least 10 times by seven nieghbors" Does this mean three called twice and seven called once? You don"t want to go after city hall.. YA Just Want To Pester Them! You and your neighbors need to make Seventy calls in one night! Remember you do have the right to protect your property but that"s it; not the road. The good news is these jerks will self destruct in time.

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John T (Attorney at Law)

05-26-2006 06:51:15




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 Re: Lawyer HELP! in reply to jeffcat, 05-25-2006 22:26:42  
Jeff, Im an Attorney (after I retired from electrical engineering) but this is NOT any area I practice in. Are there any Nuisance or Noise Ordinances where you live?? Its possible to bring a private action in Court for such types of annoyances but you will likely have to hire a lawyer to pursue them plus they are private and costly actions. Use the government remedies where possible as your tax dollars have already paid for them (but I realize its hard to get them to do anything grrrrr rr) The use of video is good admissible evidence provided the time and date and its authenticated. UNDER NO CIRCUMSTANCES SHOULD YOU SET BOOBY TRAPS OR CAUSE PERSONAL PROPERTY DAMAGE OR PERSONAL INJURY YOURSELF then you would be the bad guy n go to jail n pay fines and damages, unfortunately, the laws favor the criminal moreso then the victim it seems.

Keep a detailed timed and dated diary of everything that happens including police calls and police reports and who was called and who responded and what, if anything, was done. You need to develop a detailed written record of all that happens for use as evidence. In addition to police calls start a series (save copies) of written complaints filed with the Township or Health Department or Sheriff or animal control or environmental complaints etc and any governmental authority.

CAUTION AND WARNING. The problem is if you make those types of guys mad they may burn you out for revenge so one must use caution since youre NOT dealing with rational or law abiding persons. Let the "system" of cops n government handle it if possible, dont make yourself the bad guy.

Other agencies that are "politically correct" are environmental or animal control or health boards so report any observed violations to them also and keep records and copies etc.

Use caution

John T Country Lawyer and retired engineer

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larry in tn

05-26-2006 04:59:14




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 Re: Lawyer HELP! in reply to jeffcat, 05-25-2006 22:26:42  
Sounds like there is some money being made if the kid can anny up 10 grand to keep mom from losing the junk yard/house. I'd bet the IRS don't have clue its going on. Nuff said???



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Midwest redneck

05-26-2006 02:30:15




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 Re: Lawyer HELP! in reply to jeffcat, 05-25-2006 22:26:42  
A lawyer is good but I would also keep the cops on them, try to get them for underage drinking and the DWI, that will get them jail time. Maybe put nails in the driveway of these guys, puncture a few ATV tires would be nice. Does this kid have a probation officer if he has been in jail? the probation officer may want to drop by and see this punk. Good luck.



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Rockyhawaii

05-25-2006 23:34:53




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 Re: Lawyer HELP! in reply to jeffcat, 05-25-2006 22:26:42  
This is right up my alley, as I've had to deal with this already. Spend some money at Sam's or Costco on their video surveillance systems with the time-lapse recorder. Their systems are as simple to operate as a telephone. In order for video to be used in court, the date and time MUST appear on the tape. If you must turn a tape over to the cops, make a copy first as the dumba**es will "lose" it. Always insist on a police report number. Do NOT tape their home but concentrate on public areas. Tape is good evidence that no defense lawyer wants a jury or judge to see.
You can even file a claim against the town for allowing this crap to go on. Don't give up.

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Mark - IN.

05-26-2006 04:41:24




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 Re: Lawyer HELP! in reply to Rockyhawaii, 05-25-2006 23:34:53  
I think thats the best idea in the world. Just video the common areas outside. Hate for things to come to that, but things happen that force things to happen.

Of course, if knew anything about phones, could go down to Home Depot and buy a buttset (I see that they carry them), walk on down to the cross box and jump on the pair (line) coming in from the neighbor's house and make a couple of key calls to ... that are going to assassinate ... just before you blowup ..., then hangup and close up the cross box and simply walk back home and sit out on the porch drinking coffee and waiting for the neighbor's house to be surrounded by dark cars and trench coat types kicking in their doors. That'd pretty much put a kabosh on their parties and end their day very, very, very badly.

Mark

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T_Bone

05-26-2006 07:22:46




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 Re: Lawyer HELP! in reply to Mark - IN., 05-26-2006 04:41:24  
Hi Jeff,

Man a bad neighbor is tuff to deal with. Mine was a guy that murdered his parents to collect the money, couple million, served 15yrs, then became my neighbor from heII.

I went the cop route right off the bat. That turned out to be a bad decision as he knew just how far to push the system before crawling back into his hole but I had to learn the system. That's tuff too do if you don't think like that to begin with.

I finally gave up and moved just to have him follow me to the new place 6mths latter. I moved without telling anyone where I was going but he still found us.

Then I had to play dirty. Lucky for me it only took one more time of dealing with him to make him stop but it got very nasty.

Having gone both directions, I wouldn't even consider the legal route again for a one on one, but Mark brings up some very valid points. So much easier to let the legal system work with some good info they just happen to stumble onto.

T_Bone

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Pitch

05-26-2006 02:48:53




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 Re: Lawyer HELP! in reply to Rockyhawaii, 05-25-2006 23:34:53  
Instead of going after the drinking and partying, which does"nt seem to be getting you anywhere, give yours states department of enviromental conservation a call. They frown on petroleum spills of any size. They are way harder to deal with than Barney Fife would be.
Ther was a trash hauler in my area that popped a hydraulic line cost him or his insurance close to 10,000 bucks for the clean up and fines.

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Bill in TN

05-26-2006 04:34:30




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 Re: Lawyer HELP! in reply to Pitch, 05-26-2006 02:48:53  
Unfortunatly this happens far to often these days....

This boy doesn't need the police he needs an adult mentor.....someone to talk with him and help him get through a very ackward age. While his actions are criminal I not sure that getting him a record at a young age would be a good thing.....

There is no greater gift, than making a difference in a young person's life. On the other hand....the lowest levels of h3ll will certainly hold those who hurt children.

It's very easy to get angry with him.....

You can make a difference, but it won't be overnight..... Have you tried to get to know him?

I had 3 neighbor kids at the barn yesterday.....let them help feed and water the animals..... .I don't try to tell them anything...but, if you listen to them they will listen to you..... This gives me a chance to teach them a few things....about why what there doing is a problem.....or about how you get respect is by respecting other people and there property.....

I know this probably sounds crazy..... but if you can get that boy to stop, and talk to him like he is someone special..... just 15 minutes every few days..... you might just see a small change at first.....but hopefully you can get to him enough to keep him out of jail until he has a chance to get through the "rebel child" stage.

We have enough criminals.....but fewer and fewer gentlemen..... .you have a real opportunity here....

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skip 33652

05-26-2006 06:06:18




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 Re: Lawyer HELP! in reply to Bill in TN, 05-26-2006 04:34:30  
sometimes late is late at 13 maybe at 16 maybe at 18 he is old enough to vote serve in military and be responsible for his own actions . people need to be reward for good intelligent things they do and held accountable for things they do wrong . one of our contries biggest problem's today NO-ONE is held accountable for his or her actions. Paul



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