Archan Delon
New Member
- Jurisdiction
- New Hampshire
Summary:
It's a relatively long story but I will do my best to shorten it down. Everything in this post is a matter of public record. In 2019 my Wife started an affair with a coworker while working over-the-road construction. We separated in April of 2020 when the work season started and she moved in with her boyfriend. I refer to her as my Wife still because we have since reconciled. We separated everything during the separation including bank accounts, phone bills, living expenses, etc. We have 2 children, and she had a husky, 4 cats, and a guinea pig at the time. Since I am on VA Disability I kept the kids and she would keep her animals. We agreed that I would look after her animals during the work season and she would take them with her in the fall/winter.
In July of 2020 my son, 8 years old at the time, accidentally left the husky in the car and the dog suffered a heat stroke. I was devastated and thankfully he survived. The State charged me with Animal Cruelty and Animals in a Motor Vehicle. The dog was taken into custody and I was instructed that I had 10 hours to remove the remaining animals from my custody. Since my Wife was out of State I was forced to relinquish the cats to a local shelter and I had to give the guinea pig away. NH law requires a hearing to be held within 14 days of taking animals to decide if the animals would be returned to my Wife the legal owner, to me, or held by the state. The court never held the hearing. The prosecution submitted a request in September 2020 that hearing be held because they did not have legal jurisdiction to keep the animals from my Wife, only me. The judge refused to hold a hearing. For 8 1/2 months the dog was held in captivity at a rate of $19/day. During this time the court, the police, and the prosecutor refused to speak with my Wife about the case or allow her to get the dog back. They also refused to let her be present in court or testify even though she was the victim. As a result there was a $4457 bill for the boarding of the dog. There was no argument of facts in the case but a debate on whether I met the Criminal Negligence standard. I was found guilty in February 2021, the dog was returned to my Wife ,she was allowed to retrieve the cats from the shelter, and I was ordered to pay the full bill as restitution. The judge said that even though a hearing was not had on the custody of the dog, he didn't think it was the states responsibility to pay the boarding expenses. I entered into a payment agreement that day for $100/month.
The case was handed to another Law Firm that specialized in appeals and we immediately filed an appeal. The NH Supreme Court accepted in August 2020. My attorney told me that the restitution would be suspended during the appeal so I stopped making payments. It was advised that I set aside the $100/month in the event that I lost, so I did. In February 2022, without notifying me, the court filed a notice of default to the DMV. Without notification the State suspended my license. Oral Arguments were made in person in May 2022 and the Opinion was issued in September 28, 2022. The NH Supreme Court thought I won based on the merits but was concerned with setting a precedent that would make similar cases impossible to try in court so my verdict was sustained. I was never notified by the State, the Court, or my attorney that the case was heard or that an opinion had been issued. On March 30, 2023 I was caught by surprise as police arrived at my home and arrested for Class A Misdemeanor Criminal Contempt. At the time I thought the case was still waiting to be heard and was shocked by the charges and arrest.
I have limited financial means and filled out a form for a public defender weeks ago and still have not heard back. My arraignment is on May 3, 2023.
Questions:
1. Do I have a defense to the Criminal Contempt charge if I was not made aware that payments were due?
2. I have set aside 20 payments totaling $2000 that I am able to pay at any time. Should I make the payment before my arraignment or wait for trial?
3. Do I have any legal arguments as to the amount of the restitution since the dog was held from the owner for 8 1/2 months without a court order?
4. Can I ask the court to restore my license since the Rules of Criminal Procedure were not followed?
5. Do I have grounds for a 1983 Civil Rights case for due process violations against the State, the police, the prosecution, or the court for illegally holding the animals by refusing the required hearing, refusing to release the animals to the legal owner, or refusing to allow my Wife to testify or be present?
6. Does my My Wife have ground for a 1983 Civil Rights case for due process violations against the State, the police, the prosecution, or the court for illegally holding the dog by refusing the required hearing to strip her of ownership, refusing to release the animals to her custody. Or for refusing to allow her to be informed, present, or allowed to testify as the victim of the crime?
7. Do I have ground for a 1983 Civil Rights case for due process violations for suspending my license during the appeals process, or for not notifying me of the status of my case and restitution?
It's a relatively long story but I will do my best to shorten it down. Everything in this post is a matter of public record. In 2019 my Wife started an affair with a coworker while working over-the-road construction. We separated in April of 2020 when the work season started and she moved in with her boyfriend. I refer to her as my Wife still because we have since reconciled. We separated everything during the separation including bank accounts, phone bills, living expenses, etc. We have 2 children, and she had a husky, 4 cats, and a guinea pig at the time. Since I am on VA Disability I kept the kids and she would keep her animals. We agreed that I would look after her animals during the work season and she would take them with her in the fall/winter.
In July of 2020 my son, 8 years old at the time, accidentally left the husky in the car and the dog suffered a heat stroke. I was devastated and thankfully he survived. The State charged me with Animal Cruelty and Animals in a Motor Vehicle. The dog was taken into custody and I was instructed that I had 10 hours to remove the remaining animals from my custody. Since my Wife was out of State I was forced to relinquish the cats to a local shelter and I had to give the guinea pig away. NH law requires a hearing to be held within 14 days of taking animals to decide if the animals would be returned to my Wife the legal owner, to me, or held by the state. The court never held the hearing. The prosecution submitted a request in September 2020 that hearing be held because they did not have legal jurisdiction to keep the animals from my Wife, only me. The judge refused to hold a hearing. For 8 1/2 months the dog was held in captivity at a rate of $19/day. During this time the court, the police, and the prosecutor refused to speak with my Wife about the case or allow her to get the dog back. They also refused to let her be present in court or testify even though she was the victim. As a result there was a $4457 bill for the boarding of the dog. There was no argument of facts in the case but a debate on whether I met the Criminal Negligence standard. I was found guilty in February 2021, the dog was returned to my Wife ,she was allowed to retrieve the cats from the shelter, and I was ordered to pay the full bill as restitution. The judge said that even though a hearing was not had on the custody of the dog, he didn't think it was the states responsibility to pay the boarding expenses. I entered into a payment agreement that day for $100/month.
The case was handed to another Law Firm that specialized in appeals and we immediately filed an appeal. The NH Supreme Court accepted in August 2020. My attorney told me that the restitution would be suspended during the appeal so I stopped making payments. It was advised that I set aside the $100/month in the event that I lost, so I did. In February 2022, without notifying me, the court filed a notice of default to the DMV. Without notification the State suspended my license. Oral Arguments were made in person in May 2022 and the Opinion was issued in September 28, 2022. The NH Supreme Court thought I won based on the merits but was concerned with setting a precedent that would make similar cases impossible to try in court so my verdict was sustained. I was never notified by the State, the Court, or my attorney that the case was heard or that an opinion had been issued. On March 30, 2023 I was caught by surprise as police arrived at my home and arrested for Class A Misdemeanor Criminal Contempt. At the time I thought the case was still waiting to be heard and was shocked by the charges and arrest.
I have limited financial means and filled out a form for a public defender weeks ago and still have not heard back. My arraignment is on May 3, 2023.
Questions:
1. Do I have a defense to the Criminal Contempt charge if I was not made aware that payments were due?
2. I have set aside 20 payments totaling $2000 that I am able to pay at any time. Should I make the payment before my arraignment or wait for trial?
3. Do I have any legal arguments as to the amount of the restitution since the dog was held from the owner for 8 1/2 months without a court order?
4. Can I ask the court to restore my license since the Rules of Criminal Procedure were not followed?
5. Do I have grounds for a 1983 Civil Rights case for due process violations against the State, the police, the prosecution, or the court for illegally holding the animals by refusing the required hearing, refusing to release the animals to the legal owner, or refusing to allow my Wife to testify or be present?
6. Does my My Wife have ground for a 1983 Civil Rights case for due process violations against the State, the police, the prosecution, or the court for illegally holding the dog by refusing the required hearing to strip her of ownership, refusing to release the animals to her custody. Or for refusing to allow her to be informed, present, or allowed to testify as the victim of the crime?
7. Do I have ground for a 1983 Civil Rights case for due process violations for suspending my license during the appeals process, or for not notifying me of the status of my case and restitution?
