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Ely
Ely, Counselor at Law
Category: Criminal Law
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I was charged and just convicted of violating a Plenary Order

Customer Question

I was charged and just convicted of violating a Plenary Order of Protection. The charging instrument stated that I violated it by coming within 500 feet of the residence of the Alleged victim. The Plenary Order stated as follows; (Stated in exact language) 1. Respondent is prohibited from threatening to commit or committing stalking personally or through a third party. 2. That the Respondent may not contact the Petitioner in any way, directly, indirectly or through third parties, including, but not limited to, phone, written notes, mail, email, or fax. 3. That the Respondent be ordered to stay 500 feet away from the Petitioner and/or other protected persons. That Respondent be prohibited from entering or remaining at the Petitioner's and/or other protected person; Place of Residence ____________________ Place of Employment __________________ The Second Proposition that the jury had to decide to find me guilty was: That the That the stalking no contact order directed the defendant to stay at least 500 feet away from (Address of the residence of the alleged victim) The alleged victim said I drove past her house...busy street....description was of a car is that of one not owned by me...Didn't call 911 for three days after the alleged incident. No testimony as to any waving or anything of the nature when this person drove by. When the Jury sent a message to judge inquiring if Paragraph 3 of the Plenary Order stipulated that I had to stay away 500 feet from the residence...He just sent a message back to the jury that it was up to them to decide. I believe that to be a question of Law and not that of Fact...which required the Judge to make a ruling. Am I correct???? And doesn't the Plenary Order have to be specific. I feel that it is not even ambiguious ....and even if it was, mens rae would attach... I believe it to be specific.

Submitted: 11 months ago.
Category: Criminal Law
Expert:  Fran-mod replied 11 months ago.
I'm Fran, and I’m a moderator for this topic.

We have been working with the professionals to try to help you with your question. Sometimes it may take a bit of time to find the right fit. I was checking to see if you had already found your answer or if you still needing assistance from one of the professionals.

Please let me know if you wish to continue waiting or if you would like for us to close your question.Also remember that JustAnswer has a multitude of categories to help you with all your needs from Health, Pets, Computers, Cars, Finance, Law, to Home Improvement, and more.
Customer: replied 11 months ago.

From everything that I have read and with the fact the the jury themselves inquired of the judge....questioning him if the Plenary Order stipulated the issue of 500 yards from the residence..(Quote..word for word) "Does it specify that the Respondent must stay at least 500 feet from the residence"........clearly shows that even if I had drove past the residence, (which I didn't) mens rae would clearly be applicable.


Yes, I would like to have one of your experts to verify what I have been reading and if they agree, should I file a Motion for Judgment Not or a different Post Judgment proceeding for relief?


Thank you!!!!!

Expert:  wendy-Mod replied 11 months ago.
Hello,

Thank you, XXXXX XXXXX continue to look for a professional to assist you. Please let me know if I can be of any further assistance while you wait.

Best,
Wendy
Customer: replied 11 months ago.

Wendy, I will just wait for a response from your experts.

Expert:  wendy-Mod replied 11 months ago.
Thank you. We will continue our search.

Regards,
Wendy
Expert:  Fran-mod replied 11 months ago.

We are still working with the professionals to find you the best possible match. I wanted to touch base to see if you still needed a professional’s assistance.

Please let me know if you would like to continue to wait or if you would like to cancel your question at this time. We sincerely XXXXX XXXXX the extended wait time.
Customer: replied 11 months ago.

I will wait!!!

Expert:  Fran-mod replied 11 months ago.
Thanks for your patience while we continue our search
Expert:  Rachel-Mod replied 11 months ago.

Hello,

I'm sorry to say we have exhausted all our efforts at this time to find the right professional to assist you with your question.

While we were not able to assist you with this question, please keep in mind that JustAnswer has multiple categories, from Health, Pets, Computers, Taxes, Cars, Finance, Law, to Home Improvement, and more, to assist you with any question you may need answered.

At this time, we can offer you two options. You can choose to either have us return your good faith deposit back to its original funding source OR you may keep your deposit in your JustAnswer account to use for a future question.

We hope you will consider us again in the future,

Thank you,

Rachel

Customer: replied 11 months ago.

Sorry that you could not find an expert to answer this question because I think any criminal attorney could have at least give their opinion.


 


Just return my good faith money.

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