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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 21987
Experience:  Handle criminal matters in both state and federal courts.
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One of my brothers neighbors filed a private criminal complaint

Resolved Question:

One of my brother’s neighbor’s filed a private criminal complaint against him (summary harassment- subject other to physical contact). In her list of complaints, one of the things she complained about was an incident that took place in 2011. There is a shared alleyway/driveway that my brother, the neighbor, and a 2nd neighbor all use. She saying that in 2011 when she was going down the driveway, she was tearing some tree branches that were hanging over the alleyway as she drove by. She claims that my brother saw this, went up to her, and grabbed her by the wrists. My brother denies this claim and says the only thing he did was yell at her and that scared her off. There were no witnesses present. She did not report it to the police until the following day and the police did not even question my brother when she called (which further proves that the event did not unfold the way she is saying, because she would have called the cops right away if it did).

The question that requires an answer is this:

Is that event alone, with my brother yelling at the neighbor to beat it, enough to get him convicted? Would it be better for him to deny that this event happened (remember, no witnesses were present)?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Samuel II replied 1 year ago.

Samuel-II :

Hi

Samuel-II :

Convicted of what?

Samuel-II :

What is he charged with , please?

Customer:

In the private criminal complain, the neighbor wants to have him charged with summary harassment - subject other to physical contact).

Samuel-II :

Hi

Samuel-II :

Thank you

Samuel-II :

For there to be harassment, there has to be a continuing course of conduct

Samuel-II :

and for there to be a continuing course of conduct that is annoying and/or harassing, the person who is harassing must be told by the complainant that the behavior is annoying/harassing

Samuel-II :

And that a Notice to stop must be issued.

Samuel-II :

So, if the neighbor told your brother the behavior was annoying and to stop and he did not, there could be a charge and conviction

Samuel-II :

But, if the neighbor never gave that Notice and there was only one incident then I suggest there could not be a convictin

Customer:

The tree that she was tearing branches is growing on his yard, with very marginal overhang into the alley way. So could my brother say that he was just defending his interests? Also, would the best course of action be to simply deny this happened?

Expert:  Samuel II replied 1 year ago.
Our chat has ended, but you can still continue to ask me questions here until you are satisfied with your answer. Come back to this page to view our conversation and any other new information.

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Expert:  Samuel II replied 1 year ago.

Hi

I just want to be sure that you have seen my answers in CHAT


If you have other questions, please post them here and I will provide you information. Otherwise, I would appreciate you taking time to rate this service "good to excellent" so that I may get credit for my time and information. Rating will not close your question. You will always be able to review it. It will only close a Chat - Thank you and good luck

 

Customer: replied 1 year ago.

Yes, I have seen what you wrote in chat mode. But I'm asked you the following just now:


 


"The tree that she was tearing branches is growing on his yard, with very marginal overhang into the alley way. So could my brother say that he was just defending his interests? Also, would the best course of action be to simply deny this happened?"

Expert:  Samuel II replied 1 year ago.
Hi

I always say plead Not Guilty. Let the state prove it's case.

If she was removing overhang from her tree which was overhanging into his yard, it is her tree to maintain



If you have other questions, please post them here and I will provide you information. Otherwise, I would appreciate you taking time to rate this service "good to excellent" so that I may get credit for my time and information. Rating will not close your question. You will always be able to review it. It will only close a Chat - Thank you and good luck



Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 21987
Experience: Handle criminal matters in both state and federal courts.
Samuel II and other Criminal Law Specialists are ready to help you

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