RachelleLee
New Member
- Jurisdiction
- Oregon
Close to Thanksgiving 2017 I arrived home mid evening after riding all day. I exchanged words with a woman in my driveway, and as she passed the driver's side of the vehicle I was in, I exited the passenger side of the car intoxicated and carrying my purse , my coat , my saddlebags, and a box of 12 ice cream sandwiches . The woman I had exchanged words with had come around to my side of the car and my driver witnessed me push her away twice before we both fell to the ground the third time she came toward me . I was unable to remove her from on top of me and someone finally came along and broke up the fight . The next morning I found my empty binocular case lying in the driveway. My cell phone was also missing. I opened the unlocked passenger door of a Ford pickup that my brother was buying from a friend of his, and I pulled some things of his out onto the ground in the process of looking for my missing binoculars and cell phone. I also carried a small blue air compressor about 15 feet and put it down -still in the driveway. I proceeded to the front door of my mother's home and my brother shut the door against me after I opened it halfway . He locked the door and I retreated to call dispatch to ask for him to be arrested on violation of the restraining order. Unbeknownst to me, my brother called the police and reported that I had taken his chainsaw out of his pickup. When the officer arrived he went into my mother's house to speak to my mother and my brother first. In fact I didn't know he was there until I came out of my residence and saw the squad car. I proceeded immediately toward the front door of my mother's house and was met by the officer at the bottom of the stairs. I immediately said to the officer, "he slammed the door on me and locked me out of the house". The officers response was to say, " Maybe they don't want you in the house.". The officer arrested me as soon as I told him he could not search my residence. After I was cuffed and in the squad car the officer agreed to hear my reason for calling dispatch in the first place. He seemed almost convinced that I was telling the truth about the chainsaw and then he started to question me about the little blue air compressor. From where I was sitting in the back of the county SUV I could see the compressor. I told the officer, "I did not steal the air compressor, it's right over there", gesturing with my head to the right.
I was released from jail that afternoon. My brother was detained in jail for violating the restraining order I had against him. The distance dictated by the order was 10 feet. We lived on the same property and neither of us were renters or the property owner - I assume that is why the judge who signed the restraining order could not require my brother to move off the property. The restraining order was originally filed in March of 2017 after my brother head-butted me . Immediately upon my arrival back home I observed the chain saw in question lying in the back of the Ford pickup. I went to court the following Wednesday and there were no charges filed by the district attorney. About mid-December I was served with a subpoena to appear in court in January for my brother's trial on the contempt of court on the restraining order. I also received a restraining order filled out by my mother and had to walk off the property 3 miles out of town- and with my three dogs- immediately. I never saw the subpoena or that restraining order again as they disappeared from my residence . When my brother's trial came up in January I knew I was supposed to attend but I could not find transportation. the county seat is 45 minutes away, and the only ride I could find was with my brother. I opted not to ride with my brother and instead I called victims assistance- about 40 minutes before the onset of trial- and reported that I was not going to be able to attend court. After I was informed that my brother was found not guilty of the restraining order violation I emailed the DA's office to ask them how that had happened . I knew that my brother had admitted to shutting the door against .me and I also had read the deputies statement that he was required to submit showing that he had cause to arrest my brother on the order. In this statement the deputy reported that, although my brother was doing what his mother had requested of him by shutting the door against me, he has still violated the restraining order by coming within 10 feet of me. The day was January 19th. I received a reply email from the District Attorney saying that because I did not appear in court for the trial it was no wonder that my brother had been found not guilty. How could he tell the Deputy one thing (My momma told me to) and then plead not guilty? The email also said that I was to have been in court the day before and I now had a warrant out for my arrest and that I should turn myself in. My brother had a pre-trial hearing on January 18th, but I could not understand why my presence would be required. I no longer possessed the subpoena to check the dates and times.
Last week I found out that I had been mailed a letter from the DA's office in December 2017 saying that they had filed the Theft in the second degree and UUV charges and I was supposed to have been in court on January 18th. Also last week, I was handed a letter from the DA's office stating I have been charged with assault IV and harassment due to the fight with the woman in my driveway. I am set to appear in court on April 25th.
I was supposed to be arraigned on unauthorized use of a vehicle and theft in the second degree on January 18th of this year and on April 25th I'm set to be arraigned on assault IV and harassment charges. The assault and harassment being the woman in my driveway and the unauthorized use of a vehicle and the theft in the second degree being my brother initiating a false report the next morning.
As I am innocent of these charges , I'm not inclined to plea to anything. I will not be able to afford an attorney. I know that I cannot receive any discovery and I cannot get public counsel or even ask for discovery for myself until I refuse public counsel in court. I need to be able to contribute in order to assist my public counsel in helping me get these charges dismissed. I am quite angry about all of this and malicious prosecution is starting to sound very appropriate.
My restraining order against my brother was valid until midnight on the 5th of March 2018. On March 2nd he came out of my mother's front door screaming expletives and threats at me. I called dispatch and reported that he was in violation of the restraining order. I found out which officer went out there the next day when I looked at the police logs online. I called dispatch to ask that officer to call me because I wanted to know why my brother had not been arrested. I also called the victims assistance portion of the District Attorney's office to find out that the DA's office had received a report from that officer and they had decided not to pursue it. When I found these things out it was the afternoon of March 5th 2018. The restraining order was signed by a judge on March 6th 2017. At one in the afternoon on March 5th I could not renew the restraining order. I was told that the latest possible time I could have renewed it would have been at 7:30 a.m. on March 5th 2018. I reread the entire restraining order, the request for a hearing to ask for the restraining order, and all other paperwork I had received with the order. Nowhere is there any type of specific time noted about renewing the order- it only states that it has to be renewed before one year from the date of signing is up. I had not renewed the order prior to this time because everything seemed to be going well with my brother. When he began his tirade on March 2nd I knew immediately that he thought the restraining order had expired at the 1st of March.
I have since moved away from that residence and no longer care to file a restraining order against my brother. I also do not want to have a criminal record solely because I have a dysfuctional, manipulative, and charismatic relative with a vendetra. I did not commit these crimes.
I was released from jail that afternoon. My brother was detained in jail for violating the restraining order I had against him. The distance dictated by the order was 10 feet. We lived on the same property and neither of us were renters or the property owner - I assume that is why the judge who signed the restraining order could not require my brother to move off the property. The restraining order was originally filed in March of 2017 after my brother head-butted me . Immediately upon my arrival back home I observed the chain saw in question lying in the back of the Ford pickup. I went to court the following Wednesday and there were no charges filed by the district attorney. About mid-December I was served with a subpoena to appear in court in January for my brother's trial on the contempt of court on the restraining order. I also received a restraining order filled out by my mother and had to walk off the property 3 miles out of town- and with my three dogs- immediately. I never saw the subpoena or that restraining order again as they disappeared from my residence . When my brother's trial came up in January I knew I was supposed to attend but I could not find transportation. the county seat is 45 minutes away, and the only ride I could find was with my brother. I opted not to ride with my brother and instead I called victims assistance- about 40 minutes before the onset of trial- and reported that I was not going to be able to attend court. After I was informed that my brother was found not guilty of the restraining order violation I emailed the DA's office to ask them how that had happened . I knew that my brother had admitted to shutting the door against .me and I also had read the deputies statement that he was required to submit showing that he had cause to arrest my brother on the order. In this statement the deputy reported that, although my brother was doing what his mother had requested of him by shutting the door against me, he has still violated the restraining order by coming within 10 feet of me. The day was January 19th. I received a reply email from the District Attorney saying that because I did not appear in court for the trial it was no wonder that my brother had been found not guilty. How could he tell the Deputy one thing (My momma told me to) and then plead not guilty? The email also said that I was to have been in court the day before and I now had a warrant out for my arrest and that I should turn myself in. My brother had a pre-trial hearing on January 18th, but I could not understand why my presence would be required. I no longer possessed the subpoena to check the dates and times.
Last week I found out that I had been mailed a letter from the DA's office in December 2017 saying that they had filed the Theft in the second degree and UUV charges and I was supposed to have been in court on January 18th. Also last week, I was handed a letter from the DA's office stating I have been charged with assault IV and harassment due to the fight with the woman in my driveway. I am set to appear in court on April 25th.
I was supposed to be arraigned on unauthorized use of a vehicle and theft in the second degree on January 18th of this year and on April 25th I'm set to be arraigned on assault IV and harassment charges. The assault and harassment being the woman in my driveway and the unauthorized use of a vehicle and the theft in the second degree being my brother initiating a false report the next morning.
As I am innocent of these charges , I'm not inclined to plea to anything. I will not be able to afford an attorney. I know that I cannot receive any discovery and I cannot get public counsel or even ask for discovery for myself until I refuse public counsel in court. I need to be able to contribute in order to assist my public counsel in helping me get these charges dismissed. I am quite angry about all of this and malicious prosecution is starting to sound very appropriate.
My restraining order against my brother was valid until midnight on the 5th of March 2018. On March 2nd he came out of my mother's front door screaming expletives and threats at me. I called dispatch and reported that he was in violation of the restraining order. I found out which officer went out there the next day when I looked at the police logs online. I called dispatch to ask that officer to call me because I wanted to know why my brother had not been arrested. I also called the victims assistance portion of the District Attorney's office to find out that the DA's office had received a report from that officer and they had decided not to pursue it. When I found these things out it was the afternoon of March 5th 2018. The restraining order was signed by a judge on March 6th 2017. At one in the afternoon on March 5th I could not renew the restraining order. I was told that the latest possible time I could have renewed it would have been at 7:30 a.m. on March 5th 2018. I reread the entire restraining order, the request for a hearing to ask for the restraining order, and all other paperwork I had received with the order. Nowhere is there any type of specific time noted about renewing the order- it only states that it has to be renewed before one year from the date of signing is up. I had not renewed the order prior to this time because everything seemed to be going well with my brother. When he began his tirade on March 2nd I knew immediately that he thought the restraining order had expired at the 1st of March.
I have since moved away from that residence and no longer care to file a restraining order against my brother. I also do not want to have a criminal record solely because I have a dysfuctional, manipulative, and charismatic relative with a vendetra. I did not commit these crimes.
