Legal Question in Criminal Law in Indiana

help on this.

My 18 yr. old neice asked my mother and me to not let her move out untill she got her g.e.d,car and better paying job.then threatening phone calls began with callers saying they would''collect''.Three weeks later with filing police reports even the police instructed her and two males to come home and move her out.This took place at 10:30 p.m.Upon hearing two males conversing I got an unloaded shotgun and opened the door instructing them to leave not realizing she was with them for she was supposed to be at work at this time.After seeing her I thought these guys were''collecting''In trying to protect the three in the house and her I got arrested by the one we reported these phone calls to.I have kept records of phone call dates and conversations.She did not say this to the police when she went there about moving out,please help!Do verbal contracts stand?Am I wrong for protecting home and loved ones?Did my neice have to follow house rules?Can the courts let this stand?The police even took all my moms guns.Can they do this?


Asked on 1/10/04, 2:18 pm

1 Answer from Attorneys
Ralph Tambasco Tambasco & Associates,P.C. Attornenys at Law

Re: help on this.

Each case turns on it's specific facts. The facts as you have presented them appear a bit unclear and would require closer review before any real direction could be given. However, one is generally allowed to protect ones home and family by reasonable means without being required to retreat. Here it would appear the issue is whether you realized who these people were before confronting them or if you had a real fear. If this was your home and they refused to leave on your demand, you could have also contacted the police to have them removed without the need to confront them with a firearm. Yet, the whole set of facts in the matter as stated is not clear and requires a close review. The telephone calls may come into play in establishing that you did have a real fear, but again, everything must be looked at in creating a defense. If you have been charged, I would suggest you retain counsel ASAP. It would also be important to review the state's evidence which no doubt would include statements from the other parties.

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Answered on 1/11/04, 8:01 am


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