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Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 27373
Experience:  Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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My county of San Jacinto in Texas misfiled a warrant for my arrest. I was charged with larceny theft, handcuffed, and hauled to jail, treated like I was a lying thief. Officers on duty that night(5) used the F word in each sentence in order to appear tought to one another, you can expect I felt I was in good upstanding care. They asked me not to speak unless spoken to! A bitchy woman officer who screwed up my paper work also reminded me that if Coldspring Texas Sheriff department wanted to wait 10 days to pick me up they had that right! I slept on the floor with a pathetic mat, no pillow, etc. The officers were so bored with taking me thru all the ropes. Each acted as though I was this untrusting person that might stab them in the back literally any minute. I have a warrant record now online for GOD and everybody else to see. My name was in the paper in Lufkin Tx. where I grew up and lived until 30. My name wasn't in there for my accomplishments it was in there for larceny theft!!!!! The man who filed the warrant said I stole his dog who was running at large with no tags. It was a small fragile pup running in the rain. I almost ran over him. When I hopped out to help him he ran right to me. What was I supposed to do. I left the dog in my car while performing my duties at the rescue. Thirty minutes he's calling me a f**king whore over and over. He opens my car door and grabs the dog. I told him I had no idea it was his dog because it was a new one, but he obviously didn't believe me did he. After that he went home and I cussed myself for having to deal with this degenerate again. Later I went out to my car to go home and he was waiting for me with the neighbors outside to view the spectacle. He again in from of GOD and everybody else including his two daughters and wife called a f**king whore. He began running at me but I warned him to not come on my property and he didn't. As I was leaving I told him if he would get a fence like me or even get tags for his new beloved pet that none of this would happen and left. I quickly called the sheriff's dept. to report it. They felt I would have no problem and to move on to my next problem so I did. Boy was I wrong. I run an animal rescue a half a mile from his home (Tommy) and he hates me because we have barking dogs in kennels etc. He has messed with me before once when he was drunk and ran me off the road and asked me what were we going to do with those barking dogs. I didn't report the incident but should have. The man(Mike) on the other end of my road has put nasty articles in the paper and gone to commissioner court with video of our dogs on property. In fact both men took the video together. Commisioner court did nothing but do have the tape. We were reported to the EPA by Mike and they couldn't find anything wrong. The county had to buy a sound loudness measurer also because these men wanted it measured. We fell far below it. Our county tested us for a month every day at different times and we fell very short of the loudness level. These two men allow their dogs to run a large. When something happens to them they come and blame us for stealing the dogs. They both have small dogs that run a large anytime these men choose day and or night. We have eagles, owls, coyote's, foxes, etc. Both men have donkeys. If you know anything about taking care of your dogs you know that donkeys kill dogs, they can fall victims to car run overs, neighbors shooting them and or poisioning and all these varments that live and share our space with us. I'm tired of dealing with them and now I went to jail because the police Captain Jones files a warrant against me. The DA declines the warrant within a month of it being filed by Captain Jones and the Sheriff's department coveniently looses track of it. You know and I know I'm being warned by Coldspring Good ole boy's don't mess with us because we can make our own rules. Is there anything that you know of that I can do to let my community know of the malicious persecution thrown at me for years. This a back woods community but I live here too. I don't like their loud gas guzzling huge texas trucks that polute the whole world. I don't like their 4 wheelers that cruize around all hours of the day burning gas and helping lazy people get from one place to another in the loudest way possible. I listen to their guns go off right next to my rescue sometimes a hundred rounds at one time. You would think they are preparing to go to Iran or hope we have another war so they can go kill someone. I'm sick of people liking themselves too much. If this world really belonged to them we wouldn't be living in the mess we all live in due to their disregard for our planet! You know it and so do I! Now if you are a dog hating lawyer go spend the night in jail, go smell some gas until you passout and play around with the varments at night without your gun, and you'll decide that dog barking and anthing else that has to do with the dog is far less destructive than you. Please only answer if you are an animal lover. How much you wanna bet I get no answer cause you all love your material thing so much better, your kind built them not GOD. Then again maybe there is no GOD and that makes materialistic lovers and human lovers correct in only thinking of themselves.
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Dwayne B. replied 2 years ago.
I read your extensive facts. Is there a specific question I could assist you with?
Customer: replied 2 years ago.

I wanted to know if I need to talk to a lawyer about going to small claims court and sue this guy. What are the procedures of doing this or do I just need to call the judge in our county and set up with her? I only have till Oct. 2012. Do you think I could win or not based on the info I gave you? I really should be sueing the county for their calious little tiny mistake. But since they seem untouchable and i guess they know this, I have no other option but to sue the man that got the ball rolling. I think I should sue Captain Jones for being dumb enough to just go by this ignoramouses crazy accuzation, why did no one even get my side of the story before I was charged? How and why would a police captain be so unknowledgeable about animal laws? The animal is a stray in Texas law. He was wondering on the road with no tags. How can it be that I would be stealing a dog I have no idea who's animal it is. Good lord you can torture them, beat them, starve them, and euthanize them for just plain being born to a kind sweet hearted breeder who loves to see them multiply and doesn't care what the outcome is but my o my don't pick a needy dog off the street cause that's stealing. Did you know that stealing a dog will be a felony in 2013 in Texas. Wow this is one backwards state. We start at the end and work our way back to the beginning, we don't stop the breeding, we don't license or register animals, and we don't have time to care about so many but we are going to make sure you are punished if you steal one -OMG! Do I have enough questions for you yet. I'm at a loss I don't study your laws like you guys do and like ya'll know how to look for ways to win your case. Basically I want to win this case in small claims court. I want to send a message that they are not going to make me hunker down, or tuck my tail, or roll over and play dead. Can you give me some ideas as to how i can assist myself in a way i can show this bully and the rest of the bullies on the police force that just because i'm a woman and i deal with dog they consider unimportant doesn't me they have the upper hand. The only way they are going to have the upper hand is if they have a video of me stealing the dog right out of his yard, and they don't cause I might be stupid, but i'm not that stupid or desperate to have any dog. The only time I would steal from anyone is if I was starving and then I would be that desperate. I really have a lot of questions so if you want to answer just one I'm not interested in paying 30 dollars for one specific answer unless it is one that you see might address all the many questions. Perhaps I should just talk to a lawyer in person for 30 dollars, im sure they would not think from reading or listening to my story that one specific question or answer is sufficient. So if you feel I just should have gone to a lawyer I'd like that answer. Then I could see myself paying you or whoever nothing because you are of no help. Thanks for using your eyes to read, but if you have no enlightening support then I'll talk to a lawyer in person.


 

Customer: replied 2 years ago.


I sent another extensive fact report to you. Do I need a Houston lawyer, or Austin lawyer, or just small claims court. Some people tell me I should use some lawyer not from the county some say I should use a lawyer in the county that doesn't care if they disturb the police force. Is this going to be a politically incorrect touchy situation, not that I care. Or is this some little thing that will just go away right after small claims court. I'm told I can sue for damages, is this correct. I had to tell my school that I teach at about this incident and they are unable to say yea or nea, due to they have to scratch the back of so many. They are just indifferent. Should I speak to them more extensively and let them know I'm going to small claims court to fight this guy. I just am at a loss as to how to handle this and my whole family is mad, but we aren't lawyers and don't know which direction to take. This would help us a lot before it gets to late.

Expert:  Dwayne B. replied 2 years ago.
Who are you wanting to sue?
Customer: replied 2 years ago.

I personally want to sue Captain Jones for being the person who allowed the warrant to be issued. If he had of told Tommy the person who wanted to serve the warrant that he was incorrect in saying I stole the dog. He should of reasoned with Tommy that unless he had a way of proving i was actually stealing the dog from his property that he had no case. You have no case if the person picking up your dog from the road has no idea of whose dog it is. But if there is no way to sue the captain because he is protected by the law because he is somehow safe due to his association with the police force then I need to sue Tommy for trusting an uneducated Captain.

Expert:  Dwayne B. replied 2 years ago.
You can sue Captain Jones for a civil rights violation but you would need to do it in federal court. You would include "Tommy" in the same suit but you would use a different cause of action like slander or intentional infliction of emotional distress on him.

You DEFINITELY want to visit with a lawyer who does civil rights cases and see if they are interested in representing you. These cases are extremely difficult to handle and the courts dismiss them quickly.

You can go to www.lawyers.com and look for a lawyer that does civil rights work and there is a lawyers office in Nacogdoches that does them as well. Their info is at http://www.legaldirectories.com/Stuckey-Garrigan-Castetter-2136-Frm.aspx

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Dwayne B.
Dwayne B.
2794 Satisfied Customers
Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.