Trumped up Robbery Charge

Alright, I was traveling through the great state of Texas earlier this year. I got lost on a back road somewhere in a certain small town. I was very tired and had been awake for 24 plus hours. I mistakenly pulled into someone's ranch property (there was a gate open but it looked like another road), and pulled behind a bush to sleep. When I awoke I saw that the gate was now locked. My cell phone was not getting reception, and as I drove farther back down this dirt road I found I was on a ranch. I knocked on all the doors of the ranch house, yelled to see if anyone was there, honked my horn multiple times etc. After about 3 hours of waiting around I wanted to see if there was any place I could find a phone on the ranch. I found that a door to this communal area was ajar and I yelled to find out if anyone was home and found a telephone on a desk. I used this phone to call the police multiple times to come out to where I was to help me get my car out of the gate. The first time I called the police said they would be out in an hour to help me out. After an hour passed I called back again to which I was assured that it would not be much more than another hour until they could come out. I was getting pretty hungry at this point but I decided to wait it out. Another hour passed. I called 911 again and they still said the police were on their way. I waited another 2 hours and then called back again. I was pretty scared at this point and very hungry. I was concerned that I may never get out. I was reassured each time that officers were on their way but were still tied up. I later found that the police station was 15 miles away from the location where I was stuck. Things became desperate and I decided to use any means necessary to get out of there and due to my lack of sleep and extreme hunger I became like a caged animal. I went into a small shed on the ranch and found a pair of snips and drove my car to the gate that was still shut and cut the wires to the barbed wire next to the gate. After much effort cutting this wire with the lame tool that I had I then went back into the ranch to put the clippers back where I left them and give the rancher a note with my contact information on it saying how I could be contacted to pay him back for the small section of barbed wire that I had cut. To my shock and complete amazement a pickup truck drove to meet me on my way back from inside the ranch complex. I was very thankful to see someone there and pulled my car up next to his. This gentleman asked me why I was there and I told him the entire previous details up to this point. He then said I should stay and wait for the police to get there and I replied that I had been waiting for them for quite some time and I was very hungry. When I asked him why he never answered the door or if he was asleep while I was yelling and honking my horn he said that he was inside the very building I had been yelling into and knocking on for so many hours. I was baffled that this man could not hear any of this. I found his story to not make sense that he was there all along. I told him the police were probably never coming and I gave him my license number on my driver's license, my license plate number, registration numbers and proof of insurance to give to the owner to show I was on the up and up. I gave him also my address and cellular phone number and told the caretaker I would pay for any damages I incurred by cutting the fence. He asked if he could check my vehicle if anything from the house was there and I gladly obliged and he found nothing from the property in my vehicle or on my person except a few keys I had found next to the phone in the ranch to try on the lock on the gate (the gate had a keyless combination lock I later found)....and also the clippers I had used to cut the fence to free myself. I spoke to the owner over the phone and assured him I would work out the details with him of how much he thought I would owe him for damaging his fence. The owner and the caretaker wanted me to stay on the ranch and wait for the police to get there but I said I was so hungry that I could not wait any longer for food or water. The caretaker never offered to give me any food or water even after this many hours of being stuck on the property. I told him I would have to go get some food and he said that I could so I left the property and proceeded to a gas station immediately where I got a much needed soda and bag of doritos. I then left the area figuring the owner of the fence would send me any information of what the fees where to have the fence repaired and I assured him I would pay the fees no questions asked. As I was driving up the road I was pulled over by a Texas Highway patrolman and he stated that I made an illegal lane change, (which never happened by the way I never changed lanes for the five minutes I was on the freeway)...he then asked for my ID and then he asked me about the ranch situation to which he replied that he was on his way to come and help me on that ranch...(it took him 7 hours to travel 15 miles.....his police cruiser looked way faster than that!) He then asked that I drive my car with him in front back to the police station in the town where the incident happened. There he placed me under arrest for cutting a fence in the state of Texas (to which he stated "this charge is now a felony in the state of Texas".) Then he proceeded to put me in a cell and run my fingerprints on this laser machine. They took my coat and wallet and all my property off of me and threw me in a jail cell. I kept asking them if this was some kind of joke and they all said it was totally serious. During the night I overheard the officer who pulled me over conversing with the owner of the property dumbfounded that the owner didn't want to press charges on me. At around 3 AM they must have coerced the property owner to press charges or possibly just made up a charge of robbery which is another felony. I asked them how I could be charged with robbery when I had not stolen anything? They replied that I didn't have to steal anything to be charged with robbery. Also another officer stated, "Don't you know where you're at boy." (stated in a very derrogatory and demeaning fashion.....I'm from California and Washington) I called my father and he got an attorney to post bail for me after 7 days in jail. I had to give this man my car (worth 5000 dollars and I just had bought it 2 months prior) and I had all my worldly possessions in that car including some very valuable artwork I had produced as well as all my other personal effects which this attorney is keeping as collateral until I pay him another 3000 dollars more for "legal fees" as he puts it. Also, this individual who we thought was a defense attorney is really a head district attorney for a whole county in Texas. I have paid him quite a bit of money, but I really believe I'm being taken for a ride by these people and I really didn't committ any crime worthy of jail or the fines they said I accrued. (My charge on the fence said it was 1500 dollars in damage....I only cut one small section of barbed wire.....this is hardly even worth 20 dollars maximum to fix.) I keep trying to contact this attorney and he is very unreachable and every time I try to talk with him I get a machine. I would like to know where I am at in this case and I am quite concerned about my future and I am going to college for engineering and putting quite a lot of money out for this education and I am one of the top students at my prestigious college. I really don't think I've committed a crime and I wonder if I can do anything legally like a defamation suit or like a countersuit for damages due to police corruption or false charges. I was also wondering if there are advocacy groups out there that can help college students who are poor and cannot afford incredible legal fees and cannot defend themselves against false and trumped up charges. I also wonder if it is possible to sue the state or county of the said location where this happened for damages for slander, libel or etcetera on my character or for wrongful imprisonment. I believe that if we push for this to go to trial it will get thrown out of court because there was no evidence of any theft and I acted above board with the owner and tried to make arrangements with him. I really need help on this and I was wondering if I should just continue to pay the 3000 dollars in the hopes that I'll get my valuable paintings back with no guarantee that I'll be esponged of my record and cannot be retried on these charges or if I'm getting royally screwed. Any help on this would be greatly appreciated.

First of all, in order to sue for libel or defamation, you have to prove you were damaged. The party you want to sue has to say false information to someone else which in turn, damages you in some way. Also, false imprisonment cannot be levied against them until which time you are acquitted. And, even if you are found not guilty, or even if they drop the charges does not necessarily mean they are guilty of false imprisonment.

Also, without the testimony of the property owner, they have no evidence since the police did not even see you at the scene of the 'crime'. It will be difficult to prove a case against you without the property owners testimony, and even then, it appears to be difficult.

I don't know of any group that provides legal services for "poor" people unless you try legal aid services, whose services are difficult to qualify for. I suspect that state isn't interested in actually convicting you. But inconveniencing you? Sure. Charging you out the, er, "artwork"? Sure. A lot of towns are just like that, unfortunately.

I cannot see how they can obtain a conviction against you. But they sure can make your life miserable. Also, upon being found not guilty, or even if they drop the charges (or even if they don't, for that matter) it is possible to have this removed from your record. You don't need an attorney for that (although they want you to THINK you do). It is actually a matter of paperwork and filing fees to have it removed. Contact the solicitors office and they can provide you with the proper paperwork. In my jurisdiction you can download the forms from their web site and pay the filing fee and file it yourself. The web site even tells you exactly what can and cannot be expunged from your record. But, of course, this cannot be done until the case is settled/adjudicated.

Good luck.

I believe these Texans have just hazed you and sent you to a friendly lawyer just to make it look legal. They have your car, etc. You must immediately contact the Texas State Attorney General and complain of actions they have committed against your person... since it amounts to kidnapping in the name of their legal offices, and theft. You have not been to court to have anything determined. I'd be surprised if the attorney general didn't see to it that you got your car and contents back... you should enumerate them in your written letter to the attorney general. I'd send a copy of that letter to the Dallas newspaper... is it the Morning Star? I used to live there, but I can't remember. OBTW... when the ranch owner wouldn't file charges, they had to find some reason to excuse them putting you in jail without charges... so they trumped up robbery. And YES, they have to have reasonable charges. You could sue THEM, you know? But if you don't have money for a lawyer to defend yourself, why are you talking about that?

Police officers acting under the color of the law are , at times, immune from prosecution for their acts. Title 42, Section 1983 of the law outlines those instances wherein police officers/law enforcement can be sued for acting in a manner inconsistent with their duties and scope of responsibility.

While I wouldn't say he cannot sue, I would say meeting the standard of 1983 would be difficult since, he was, actually on someone else's property without permission. And he did cause property damage. While he , most likely, will present evidence that he acted in a reasonable manner ( supreme court standard is reasonableness), the facts are he was in violation of the law. His reasons for being in violation of the law ( lost, hungry, unable to get a response, etc.) is his defense. But it doesn't change the fact that according to the law, a crime , in the strictest sense of the word, was committed. And the officers acted accordingly ( even if it is apparent to even the most casual of observers that they are being absurd). Being a jerk doesn't mean they didn't act within the scope of their legal authority. The reality is he DID cut a fence which is a felony. Suing the officers for arresting him for something he admits he did is a stretch. But of course, as I mentioned already, his REASON for cutting it very well may be viewed by a judge/jury as being reasonable, resulting in acquittal. But the fact he did commit a felony, according to the state, is undisputed. Perfect example of the "letter" of the law prevailing over common sense.

Also, if I am a convenience store worker and I am assaulted with a man with a guy and robbed, I do not have to press charges. The STATE can press charges and I am merely a witness for the state. If I do not want to testify, I can be considered a hostile witness. In this case, the property owner very well may not have to be the one BRINGING the charges, but he will be a witness for the state. And without his testimony or if he is a hostile witness, prosecution will be hard.

A simple example was in the news recently where a man was speeding in the carpool lane and was pulled over. It seems that his wife was in labor---clearly a 'good' reason to break the law. The fact that his wife was in labor does not make speeding legal. It means that there were exigent circumstances he can offer as a defense to what is an illegal act ( speeding). He was given a ticket and told to appear in court. Clearly, that seems absurd to you or I. But does that mean that the officer acted illegally? Nope.

I feel the poster would have more luck hiring an attorney well schooled in the nuances of Section 1983 to help him determine the odds of actually succeeding at such a lawsuit, odds that I would be reluctant to calculate.

So why are we still talking about this poor guy suing the officers?

The only reasonable thing to do is to promote this case to someone who has the entire state of Texas to support with lawyers who know the difference between a jerk doing a hazing and passing the hazed one off to a friendly lawyer to further take him for whatever is out there. Texans who do such things ought to be sued for what they have done, but not by our college student.... better to be done by the TOP LAWYER for the State of Texas.

Pressure can be applied by the Attorney General... that cannot be effective if attempted by a mere lawyer. Furthermore, pressure can be applied by the press in such ways that bring them into disrepute and can bring them to lose their jobs... such a reasonable thing to have happen that I still suggest that you send that letter to both the Dallas newspapers and the Attorney General ASAP. Let's see if that gets you where you need to go. I would also attempt to talk to the land owner.

So why are we still talking about a college student suing these jerks? Somebody in Texas has a screw loose.

In case I missed it, how could a robbery charge be supported by anything this college student has done?

I am not the one who charged him with robbery. And, I did not say it was a valid charge. Also, his being told he was being charged with robbery very well may be different from the actual charges. Police officers are not compelled, unfortunately, to tell the truth.

Also contacting the states attorneys office would require that the states attorney make an evaluation on the merits of the case---and that is where I believe that the poster is going to have difficulty SINCE ( and here is where the problem MAY arise) the officers DID not act outside the scope of their authority. HE DID cut into a fence which according to them is a felony. So, lets assume he isn't charged with robbery. Lets assume the ONLY thing they charged him with is the fence cutting. Going to the states attorneys office means they will ask, "Did he cut the fence? Was a crime committed?" and the answer to that is YES. The reasons WHY does not DISMISS the fact that he committed a crime. It gives a REASONABLENESS to his illegal act which could find him not guilty. Understand? The only way the states attorney would get involved is if a crime was NOT committed---NOT if the cops are being over zealous in enforcing a law which clearly had a reasonable explanation for being broken.

Bottom line: a law was broken--he admits it. The fact he HAD a good reason, apparently, for breaking it doesn't mean the law doesn't apply to him. It does. The exigent circumstances surrounding the breaking of the law is his defense, NOT grounds for assuming the police are guilty of wrongdoing in choosing to enforce the law.

If you believe that an attorney filing a lawsuit in federal court doesn't cause those in authority to take notice, you are wrong. The Supreme Court has consistently upheld constitutional rights of citizens against whom such violations have occurred.

I am not saying he should not contact the states attorneys office. I am saying that the states attorneys job is the same as the local authorities--to uphold a law which clearly was broken, even if it was for what appears to be a rational reason. It is up to the court to PROVE their case against this man.

The bottom line is a crime was committed. While unfortunately, it was committed for what appears to be a necessity, that doesn't negate the fact that it was a crime and as such, the police have the authority to enforce the law, even if it seems petty. Asking the states attorney to overlook the fact that ANY law has been broken is, I believe, an exercise in futility. Of course, he is free to do as he wish, and he is free to hold a different opinion from mine, as are you.

FYI.. the states attorney's office does not SUE attorneys or police officers. They represent government agencies that operate within the state against legal action, such as the Section 1983 lawsuit I suggested. It would get their attention rather nicely since they very well may be the one to respond to such a lawsuit against an agency in their jurisdiction. Texas Attorney General

I made no suggestion that he should think the Attorney General of Texas would SUE anybody. I suggested that the Attorney General of Texas could apply pressure to a situation that has gotten out of hand and based on the college student's information presented here, would never come to trial as being a waste of taxpayer money. Any Attorney would recognize that, but the Attorney General has a budget in mind and probably has the good sense to play nice and be fair. This "CASE" should disappear if the right people are informed as to the situation and the taking of the car for legal expenses by a state's attorney for ?? a different county??? who is also demanding another $3000? Sounds a lot like they don't know when to quit a bad scene..

But the real point of talking to the Attorney General is that his office is charged with advising the pony towns and their sheriffs just exactly what kind of buffalo town it will become if you file suit based on what they subjected him to over a period of more than a week. It will not be pretty. It will show some poor schmuck pony town police officer and his sheriff that they have to treat ALL people right. But to do that, this college student is going to have to get a REAL defense lawyer involved... not the DA for another county. The Attorney General won't be listening to the college student unless he tells a strong newspaper what happened. Once that is done, if it gets to press, the Attorney General has to listen to both sides... and make a decision based on what a jury would say. And, Miss Grace, you know a jury would dump this case as totally unreasonable. And the Attorney General knows that too... so he will ADVISE those county cops and the sheriff to fish or cut bait... and be prepared to pay for the suit that follows the one they are about to lose. Waiting five to seven hours for somebody from the local police to come is bad enough, but the jail time and the car and the "pseudo-DEFENSE lawyer" make this come out with a bad taste... for anyone with a brain... and that includes the jury who will try to listen to those sweet cops and the county attorney as they attempt to explain why they put the college student through such a mean spirited exercise in civil liberties.

I thought you were pretty clear--That says you think the "top lawyer for the state of texas" should issue suit "for what they have done". Not sure how I misunderstood that.

In any regard, I agree that the situation borders on absurd.