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Trying to figure this out - plea deal charged with making terrorist threats

Discussion in 'Miscellaneous' started by cactus_jack, Apr 11, 2018.

  1. cactus_jack

    cactus_jack Well-Known Member

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    I have talked a little bit about this recently, but now I feel it's much bigger and needs to be addressed.
    I recently took plea deal on a case where I was accused of making terroristic threats. No names were given, nothing identifying, no problem, right? Wrong. The correlation is that someone had been entering my home against my will for several years and I said that if I caught them I'd kill them. Was that wrong? I don't think so.

    Ok, but why charge me? No one was identified. right? Right.

    Well, the other day I talked with a fella I know from a few years ago that works for the state. And he spilled it- the people that had been entering my home against my will, over and over, was state employees. The fella I know just doesn't know which agency.

    It all makes sense now. However, I still don't get it. Whatever it was they wanted, all they had to do is ask and I likely would have complied.

    There are six parameters that must be met to lawfully enter my home.
    1. A search warrant. This requires a reasonable articulable suspicion and/or a probable cause that I have something of interest in connection to a crime in order to obtain one.
    2. An exigent emergency. In other words I'm having a heart attack, or my home is on fire or I am dying.
    3. Hot pursuit. The state employee, if law enforcement, must be in hot pursuit of a person of interest in order to enter in this manner.
    4. Justifiable concern that I may be in possession of items of interest to law enforcement and merely asking for it endangers the integrity of the items.
    5. My consent. Good lucky trying to get that. Maybe if they were honest, I might be more cooperative.
    6. Probation/parole. In the extreme grey area of Adult Probation and Parole. A parole/probation officer has the right to enter my home uninvited as part of the probation.

    Except for one not so small snag- I was not, at that time, on either parole or probation. This is documented. So that is an extreme grey area. Except that a APP agent has, in that particular county, lost his job for extreme behavior. He was caught having sex with one of his probationer. Is that related? I dunno.

    So these are my concerns. The trespasses are very real. The threats to my life, made several times, very real.

    I'm sorry guys, but I'm having a hard time understand this. What is it about me that anyone would want to enter my home?

    I'll add to this later when I'm feeling better.
     
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  3. cactus_jack

    cactus_jack Well-Known Member

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    I have talked with my counselor, and she's as baffled as I am. I m waiting for a response from my lawyer on this. So far it seems all of us are confused-what is it about me they want that bad but unable to comply with any of the 6 requirements?
     
  4. Ronin

    Ronin Dark Wings Premium Member

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    Why not drop it altogether?

    The threatening style of communication, I mean.
    If you know you are likely to get in trouble with the law for it, I would assume the way to go about it is not do it.

    And its not like I lack sympathy for home invasions and not being left alone assholery with seeming no end in sight, because I do. But adding hassle with something I could save because it will make me look bad just seems too much trouble to me.

    Beside, why threaten something you cannot do? Seems a waste of words to me.
     
  5. joeylittle

    joeylittle ˁ˚ᴥ˚ˀ All howl, no bite Administrator Generous $250+

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    It sounds like a no-win situation. I’m really sorry to hear what you are going through.

    Just providing some hypothetical reasons:
    - if there is anything you’ve said or written that could be considered a threat to public safety, or a threat against the life/safety of an officer: there could be a rationale to search for (4), justifiable concern. It doesn’t matter what the context actually was, unfortunately; threats can be taken completely out of context, if the local agencies are motivated to do so. You’d need to contest that in court, were it the case.

    Related question: did you actually discover the individual(s) searching your property and threaten to kill them at that time? Or, was it that you knew your home had been entered but didn’t have tangible proof, and threatened to kill based on presumption of guilt? There are differences between those. Namely - if you did not catch someone in the act, the law would say you have no evidence, and no grounds to make such a threat.

    (The law would probably say a death threat is illegal no matter what, even if you believe it is logical and justified. Citizens are not allowed to commit crimes of retribution. Stand your ground laws would only apply in a confrontation)

    I want to be clear - I’m not accusing you of anything. You asked how the situation could be happening, I’m offering a few alternatives.

    “Terroristic threats” is a big catch-all. It sounds like one of three things happened there - either you did threaten something and were believed/taken seriously, or you threatened something and it pissed somebody off - or, option 3, you never made a threat and it’s entirely fabricated by the local agency.

    (A lawyer would help you untangle this stuff, definitely)
     
    Ronin likes this.
  6. cactus_jack

    cactus_jack Well-Known Member

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    Since I posted this, I have spoken with a few officers. This is what has come up-
    The first officer told me they were instructed by the state to "look the other way" when this started happening. He is telling me now because I lost my home in a foreclosure, and there is nothing I can do about it to the local department.
    I spoke with a state trooper I know and he said that he thinks it's federal, because I've had problems with federal before. He said there is nothing about me the state cares about, because they view me, even with what I have said and was charged with, as "harmless, for the most part", because what I said everyone he knows would do the same thing under the same circumstances.
    Ok, so why me? Just leave me alone. I dunno.

    Past few days have been awful anyhow, and last night is the worst with continuous nightmares, that continue while I'm awake. God I hate it.
     
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