Meh... Something Serious... Just got to vent...

[Raze]

Well I got good news and bad news.

I got a job. Just have to accept the offer. I'll be an overnight stocker at Walmart.

I would have accepted it today but when I got there, I checked my phone and they had called along with my dad. I called them before I entered the store. and was told the system was slow(took over an hour to load something) And was asked to come in tomorrow. At same time.

Its me going in to accept the Job offer.

It's good for me.

I called my dad and learned an officer was hunting for me. I had received a few calls from same number... Thought it was a diff job and didn't want to be an ass.

To be honest 2-3 weeks prior on a Thursday, My GF called and asked 'What I did' and I was lost. She said, Cops were at her moms to arrest me. They were there to serve me come to find out( Figured that out today).

Well the mother of my son, has lied once again. This time I think she really screwed up.

I supposedly called her on the 5th of August in the morning 4 times. Called her a 'bitch'. And called a 5th time and said, "I am going to kill you and take our son, Breydon W. Masten, and kill him too!"

She said I hung up and she called the county and the officer made a report.

-----
This is her report of course.

My cell phone was off from the 3rd of August till the 10th. Alex can attest to that.

So I am going into HELL Monday and I will not waiver. I go to actually talk for myself, when I'm a nervous and shy guy.

If I wind up in jail... (I did over a year ago) Because of lies.. AGAIN... THen... you wont see me again...

[Ganondorf]

That sucks, bro. I'm sorry to hear that shit is still happening to you.

[Raze]

Yeah... I wont write or try to until after Monday night. No use in trying. But if I make this shit through... expect a post....

Heh

[Maximillion]

You'll be in my thoughts, man. I really hope things work out for you.

If all goes well, might want to see if a lawyer can help you get it worked out on paper so that this stops happening. It might prove costly, but not as costly as losing a job, missing work/appointments, etc every time someone gets it in their head to screw with you.

Since your phone was off, it shouldn't be hard to prove you didn't make those calls. Once credibility is shattered, take steps to ensure you won't have to deal with that BS anymore, but will still get full rights with your son.

Good luck, and stay strong. It'll be better before you know it. *nods*

[Raze]

Well, I'm out of jail. ANd I won my case.

Yea I won the case and still got locked up....

[Magus]

That's retarded, but, glad to hear everything's okay for right now.

I think maybe you should think about what Max said about lawyering up in such a way that this can't happen again; drama seems to follow you. Best of luck, dude, good to see you back.

[Raze]

Well I have to go see about getting a Public defender now. I'm pretty baffled by this crap. I'll probably sit down later and explain what happened. As soon as I got out I was running all over the place getting things done that needed to be done. Now I'm waiting on the Job to call me back

[Raze]

So I go to court yesterday. We get called. Its an emergency hearing about the 5th of August. On the 5th of August not, long past midnight, I am accused of calling Kaitlyn four times, saying "Bitch" each time. Then calling her a 5th time and stating, "I'm going to Kill you and take our son, Breydon W. Masten, and kill him too!" I supposedly hung up then and she called the police. Police came to her house and made a report.

I get advised that since I recieved the summons on Friday the 6th, that I could get an extension to seek legal aid and such. I waived that right.

Court begins and she calls her father as her first witness. Through the questions Kaitlyn asks him, he states that She knocked on the door, came in her room said that I had called her. He asked how she knew it was me she said she did and that another call was made 45 minutes later and it was on speaker phone and he knew it was me when I said "our son". He went on to say that his daughter gave the cop the number, cop called my number and I admitted it to said cop. Judge and I asked him some questions, I asked what the number was and he said he didn't know. Kaitlyn introduced a few pictures that said 'Incoming call' with time stamps. No number or anything. They said it was restricted, and I'm not sure all how restricted numbers work. I think it depends on the phone.

She gets up and testifies that I called her the 4 times and the 5th time. She puts on the record that she doesnt know what was said between the cop and her dad because she was told to go inside. She says the number she gave him was my number. The number she has for me is the number I have had for so many years. She keeps it in emergency She also says she knows its me cuz we were together for two years(When were we actually together I don't know.) and she knows my voice. Judge asks her some questions. One was, why would she keep answering a phone like that. She said something about something and emergency when her dads at work and crap.

Now I took two things with me. Proof that there are applications that could mask numbers to look like others, and I took a record of my phone activity.

I get on the stand testify that I didn't make those calls. I didn't threaten her of my son. I wasn't stupid enough to threaten her or my son. I know I would go to jail and such. Offer into evidence my phone activity that showed that my last text was on the 2nd and next text was on the 10th, so that no cop could have called me. It showed that my phone was off because the only text messages I got were from boost. It was three of them letting me know my phone bill needed to be paid to get it turned on.

Kaitlyn asks me if I know that any phone can make restricted calls. I say I don't know. She asks if I know that if cell phones are off they can still receive text messages and incoming calls(Not sure why? She'd ask this). I told her not mine. The only thing I can recieive is messages from boost. She then goes and asks me if I drink. I said yes. She asked me how much I drink and how often do I drink. I said it depends. She said on an average friday night. I said, depends on the friday night, who I am with and whats going on. She asked me if I drink to the point I don't remember what I said. I said 'nope'.

It was like she was leading to something but she stopped there I think.

I call my mom ask to the stand, and ask her about my phone she says she knows it was off. Kaitlyn asks her something about how would I know if I used someone elses phone she said because I lived with Bev and Ryan and they took their phones to bed with them because who doesn't? She said they didn't have a house phone.

She steps down and the judge asks a few questions. They produced the police report finally and the judge gave some thought after a few more questions were tossed around. I got to see the police report. I asked how come if they gave the officer my number and it was mine and I was called and admitted it then how come it wasn't in the police report. It was strange indeed. Both testified of her giving the officer my number after all. Finally the judge gave a 5 minute reccess so that Kaitlyn could try to get ahold of the responding police officer.

Well five minutes are over and they actually get ahold of the investigating order. He gets on the stand and Kaitlyn asks him if if what was stated on the record is true about the police report. He looks at her like she may be stupid and says, "I don't know whats been stated for the record." She asks him a few more questions.

I ask of what he has in his report, if he has anything stating that the officer called me and I admitted to it. He looks through and says no. I ask another question that gets a no. I asked him if it had happened, would the officer put it in the report. He pretty much told me not always. I asked him if the officer was given my number, would he have called me. He said not always.(Then police officers are stupid.) The judge asked him a few questions and got mostly the same answers. He did mention that he wasn't the responding officer, just the investigating officer, and from the report he recieved had put the warrant out for my arrest.(Yay I had an arrest warrant =/) He said they didn't know they were persuing it in Family Court.

I also state thatI haven't had her number in over a year since the last time I had met that judge.

Judge gives another reccess to carefully go over the evidence before making her ruling.

While waiting I ask my mom if that means as soon as I walk out the doors, if that means I will get handcuffs. She said she didn't know.

Well we come back in, the judge says that after looking over the evidence and testimonies and everything that had happened heres what she had to say: First she spoke about Kaitlyns dad, She mentioned that when she questioned them, the her dad kept looking Kaitlyns way and didn't know answers and it was pretty much like tit was being fabricated. She goes on to say that the police report and their testimonies do not collaborate with each other. She said that Kaitlyns evidence, that she presented and her statement didn't collaborate each other. She said the call that was stated that I made a the threat, was over two minutes. Way much longer then it would have taken to have for me to have made the threat and just hung up. She says that her testimony about giving the cop my number didn't match my phone records.

It was ruled that I was not found in Criminal Comtempt.

We walk out the courtroom to head to theclerks office to get a copy of the ruling. Mom was like, "The man wins for once". I see the Investigating officer waiting at the doors outside before I turn to go to the clerks office. I have a funny feeling he's waiting on me. After I come out with my paperwork and head to the doors I see my mom the investigating officer, one of the random ballifs and a female officer standing outside. I walk outside and my mom sayd, "You have to go with them."

I sigh and go "Really? Ok."

Well I get booked and get to enjoy the hospitatily of the Summerville court house Annex Holding cells for the night. Get my Bail Hearing a little after 8:30 in the morning and its done on through video. At the start I get told that Kaitlyn is there(She didn't bring her father...) and so is my dad and sister. She asks me a few questions. I tell her that I just had court about the incident in Family Court yesterday and was Found Not to be in Criminal Contempt.
Kaitlyn gets to say her peace. Say what I did(allegedly), say that I drink all the time that she fears for her and her son's life. She also mentions at or near the beginning that numbers were restricted and she knows it was my voice and so on.

My dad gets to have a say and says that he knows I didn't call them. He knows my phone was off cuz he paid the bill. That I didn't have any access to any phone to make the calls.

Well, the Judge pretty much doesn't seem to understand what I'm saying or anything. She says thatshe doesn't ahve anything from the Family Court(officers had told my mom that they wouldn't). She initially sets my bond at $5000(would have had to pay $500 to get out, so that meant I was stuck till the court date) and I get nervous and anxious not understanding. She says that it says that I did it on the warrant and I'm like ,"I didn't" In the end she lowered it to $500( Meaning we had to pay $50) .She says she can only go off the paper and stuff.

But yeah... I think some how I might be facing Double Jeapordy and someone get away with it.

[Trixie]

Double Jeopardy means that you can't be charged again for the same accused crime. If it does apply to whatever the official criminal charge was it would not be usable again. For example: If I'm acquitted of murdering Ganon I can't be charged for his murder again. I do believe...I'm no lawyer though.

<3 Jeff

[Ganondorf]

Why is it that I'm always the victim in these hypothetical situations?

"Let's say I butt-raped Ganondorf, and he liked it, it would still be considered butt-rape. <3 Jeff"

[Omni]

It's just coincidence. It's not that anyone is singling you out, particularly. For example, if Jeff was going to get killed by an axe murderer, he'd probably just call out the name of the first person he thought of. *shrug*

[Magus]

Also, litigation and pressing charges are two different things.

For instance, OJ Simpson was found not criminally responsible for his wife's murder (let's not turn this into a debate, that was the ruling and that's all we need for this example), and therefore was acquitted of the crime, however, the pain and suffering caused by his crime, the wife's family sued for, and won. So, although he evaded criminal charges/jail time, he did have to spend an enormous amount of money in a settlement.

I'm not 100% sure if that applies to your case, but if that is the situation, it's not double jeopardy or being charged for the same thing twice, etc. If that's the situation.

[Raze]

So she gets to get double jeopardy loop hole every time?

First court date was... Am I in Contempt and violating order? I prove i didnt. New court is the SAME THING!!!

[Magus]

Assuming you're being charged of a crime, you can be charged in both criminal and civil court.

I don't know the details of your case, but if you are being charged of a criminal offense, then the statement applies.

That is not double jeopardy. Double jeopardy is being acquitted or convicted of the exact same crime twice. The exact same crime.

That doesn't mean if I get charged with stealing a Toyota Prius and get away with it, that I can then steal Toyota Priuses forever. Which is good because those cars are terrible.

What it -does- mean is if I was acquitted of stealing Jeff's Toyota Prius on September 10th, 2013, then I can never be charged with stealing Jeff's Toyota Prius on September 10th, 2013 ever again.

But I can definitely be charged with stealing his car on a different day, if there's evidence to suggest I did it. Perhaps I just steal his car once a month or something, for example.

So, if your ex is charging you with repeat offenses, it's not the same thing as being charged with the exact same offense.

EDIT: Now, is she appealing to a higher court or simply charging you for the same crime again? Also, is this a retrial?

There are many, many loopholes, unfortunately.