Legal Question in Criminal Law in Minnesota

I'm the victum, yet I get charged because they repeatedly call the police?

I feel like the victum because I am not the one calling the police. Can people just make stuff up and have the charge stick? All witnesses are in the same family and I feel the old woman was just there to cooperate. Nothing can be proven, either way.

The Short History:

While working in my back yard Byron, Laurel and their relative(?) approach the back yard fence that I built and started peering through at me. Byron starts calling me names and using other disparaging words. The Old Woman is looking around my fence trying to see what I was doing and she gives her account of what she sees to the troops who are clearly having a good time. I retaliate by saying things that I would only say to Byron and Laurie, and then Byron threw what turned out to be a donut at me and hit me in the back. My son saw the donut hit me but had no idea what was going on.

They proceed to leave the back yard after some more word were exchanged, about 15 minutes goes by and the police show up at my door. They called the police and said I threw a rock and hit one of them in the leg. The police site me for Disorderly Conduct and refuse to charge Byron with the same charges. Because they make repeated calls I get a ticket. Something is not fair.


Asked on 6/05/06, 12:15 am

1 Answer from Attorneys
Thomas C. Gallagher Gallagher Criminal Defense

Re: I'm the victim, yet I get charged because they repeatedly call the police?

Based upon your account, it does sound unfair. As you may already know, "fairness" does not magically appear in the world. At times a person must fight for their rights. At other times it is best to turn the other cheek. Good judgment involves, at least in part, knowing which is the best response to a given situation.

My view is that whenever a person is charged with a crime, "turning the other cheek" is no longer a reasonable option. A criminal charge places the burden upon the accused to respond and defend against the accusation. Of course, many criminal charges are false. This is why some protections are built into our system of laws -- to give the accused a chance to be found not guilty when the allegations are weak or false.

The best course of action is to hire the best criminal defense lawyer possible. Then defend the case, without pleading guilty, until it is won. Yes, lawyers cost money, just like you do. But perhaps winning this case would help "tame" your neighbors.

Read more
Answered on 6/05/06, 12:26 pm


Related Questions & Answers

More Criminal Law questions and answers in Minnesota