- Jurisdiction
- Virginia
I am seeking legal assistance for false charges by a deputy a year ago.
I asked my neighbor who lives upstairs above me to please talk to her children about running in the apartment disturbing me at night. This had been an ongoing situation at the time. She got upset and started yelling at me telling me to deal with it. She began calling me out of my name and slam the door. I went downstairs to my apartment got my keys and left the house for a while. Upon my return I had a card on my door from a deputy asking me to give him a call ASAP. I called the deputy back and when I spoke with him, he asked me if I had an altercation with my neighbor. I responded by saying that there wasn't an altercation and that I had only asked her if she could please talk to her children about running and stomping across the floor. I went on to explain to him that she got upset and yelled at me to deal with it and called me a bitch and slam the door. He asked me if I could come back to the house to talk with him and my neighbor about the situation. I told him that I was out for the evening because it was Christmas Eve and that I wouldn't be back until late. He asked me when would I be home or when was the best time that he could come back by and talk with me and my neighbor and I told him that I'm normally home after 3 from work everyday. He said that he would contact me and come by after that time so that we could try and resolve the issue. I said that's fine I don't have a problem with that. I came back home around 3 a.m. on Christmas Day and went to sleep and when I woke up I got in the shower and heard banging on my door. By the time I got out of the shower to dry off the banging continue not only at my front door but at my patio door. I then put a towel around me and came out of my room only to see that there were officers standing at my patio door. I asked the officer how could I help him and he began to question me about my identity. I then unlock the door to speak to him so that he would not be shouting and disturbing my neighbors. When I unlock my door and cracked it to speak with him. He and his partner pushed their way into my apartment and begin to question me telling me that I had to identify myself. The first officer that came through the door told his partner to go open the front door and let two more officers in . I asked them what was the nature of their visit and he did not respond with an answer. He continued to ask me to identify myself so I told him my name and he asked what was my Social Security number so that he could verify with dispatch. I did so in order to get him to tell me what the problem was. He then verified with dispatch that I was who I said I was and said that they were sent there to bring me in to talk to the Magistrate. I then asked him again why was he there and he told me that he didn't know why they were there. He said they were just told to come and get me to talk to the Magistrate about an issue. I asked him was I under arrest and he refused to answer the question. His partner then began to yell at me saying that he was going to place me in handcuffs and arrest me for resisting. I told him that I was not resisting anyting. I told him that I had a right to know why I was being summoned to speak to the Magistrate. Not one of the four officers would answer my question. I then told him that I needed to get dressed. He then searched my room and said that it was clear and that I could get dressed. Once I came out of my room I asked the question again am I being placed under arrest for anyting and one of the officers that came through the front door stated that yes I was being placed under arrest but would never tell me why I was being arrested. I was never read my rights only placed in handcuffs and walked outside and put me in the police car. Once I got down to the jail to speak to the Magistrate I sat there for about 30 minutes while she typed paperwork. Finally, she handed paperwork to one of the arresting officers and he read the paperwork to me while I read along with him. It stated that I was being charged with breaking and entering, assault and battery, larceny, and possession of a deadly weapon with intent to harm. These are all false charges. At first I thought my neighbor told the officer these things. The one thing that she lied about out of those charges was that I assaulted her. I never touched her at any point in our conversation. I was arrested and spent 2 1/2 days in jail. I finally bonded out after a bond hearing and went to court where I plead not guilty. I was asked if I wanted to take a plea bargain by the Commonwealth Attorney for trespassing after they reduced all of the other charges. I said no I will not take a plea bargain on anything because I did not commit any of the offences that I was charged with. I asked to take it to trial. I was given a court date by the judge. I then went to court with my attorney and was found not guilty by the judge on all charges. Prior to going to court I found out that my neighbor did not accuse me of breaking and entering, larceny, or possession of a deadly weapon with intent to harm. It was not in her statement that she wrote when she spoke with the deputy on Christmas Eve. The deputy trumped-up these charges on me just to get me arrested and I would like to know how can I seek retribution for what he did to me?
I asked my neighbor who lives upstairs above me to please talk to her children about running in the apartment disturbing me at night. This had been an ongoing situation at the time. She got upset and started yelling at me telling me to deal with it. She began calling me out of my name and slam the door. I went downstairs to my apartment got my keys and left the house for a while. Upon my return I had a card on my door from a deputy asking me to give him a call ASAP. I called the deputy back and when I spoke with him, he asked me if I had an altercation with my neighbor. I responded by saying that there wasn't an altercation and that I had only asked her if she could please talk to her children about running and stomping across the floor. I went on to explain to him that she got upset and yelled at me to deal with it and called me a bitch and slam the door. He asked me if I could come back to the house to talk with him and my neighbor about the situation. I told him that I was out for the evening because it was Christmas Eve and that I wouldn't be back until late. He asked me when would I be home or when was the best time that he could come back by and talk with me and my neighbor and I told him that I'm normally home after 3 from work everyday. He said that he would contact me and come by after that time so that we could try and resolve the issue. I said that's fine I don't have a problem with that. I came back home around 3 a.m. on Christmas Day and went to sleep and when I woke up I got in the shower and heard banging on my door. By the time I got out of the shower to dry off the banging continue not only at my front door but at my patio door. I then put a towel around me and came out of my room only to see that there were officers standing at my patio door. I asked the officer how could I help him and he began to question me about my identity. I then unlock the door to speak to him so that he would not be shouting and disturbing my neighbors. When I unlock my door and cracked it to speak with him. He and his partner pushed their way into my apartment and begin to question me telling me that I had to identify myself. The first officer that came through the door told his partner to go open the front door and let two more officers in . I asked them what was the nature of their visit and he did not respond with an answer. He continued to ask me to identify myself so I told him my name and he asked what was my Social Security number so that he could verify with dispatch. I did so in order to get him to tell me what the problem was. He then verified with dispatch that I was who I said I was and said that they were sent there to bring me in to talk to the Magistrate. I then asked him again why was he there and he told me that he didn't know why they were there. He said they were just told to come and get me to talk to the Magistrate about an issue. I asked him was I under arrest and he refused to answer the question. His partner then began to yell at me saying that he was going to place me in handcuffs and arrest me for resisting. I told him that I was not resisting anyting. I told him that I had a right to know why I was being summoned to speak to the Magistrate. Not one of the four officers would answer my question. I then told him that I needed to get dressed. He then searched my room and said that it was clear and that I could get dressed. Once I came out of my room I asked the question again am I being placed under arrest for anyting and one of the officers that came through the front door stated that yes I was being placed under arrest but would never tell me why I was being arrested. I was never read my rights only placed in handcuffs and walked outside and put me in the police car. Once I got down to the jail to speak to the Magistrate I sat there for about 30 minutes while she typed paperwork. Finally, she handed paperwork to one of the arresting officers and he read the paperwork to me while I read along with him. It stated that I was being charged with breaking and entering, assault and battery, larceny, and possession of a deadly weapon with intent to harm. These are all false charges. At first I thought my neighbor told the officer these things. The one thing that she lied about out of those charges was that I assaulted her. I never touched her at any point in our conversation. I was arrested and spent 2 1/2 days in jail. I finally bonded out after a bond hearing and went to court where I plead not guilty. I was asked if I wanted to take a plea bargain by the Commonwealth Attorney for trespassing after they reduced all of the other charges. I said no I will not take a plea bargain on anything because I did not commit any of the offences that I was charged with. I asked to take it to trial. I was given a court date by the judge. I then went to court with my attorney and was found not guilty by the judge on all charges. Prior to going to court I found out that my neighbor did not accuse me of breaking and entering, larceny, or possession of a deadly weapon with intent to harm. It was not in her statement that she wrote when she spoke with the deputy on Christmas Eve. The deputy trumped-up these charges on me just to get me arrested and I would like to know how can I seek retribution for what he did to me?
