Car Problem

[FightinAggieCHL]

I will look into that. I just learned that the previous charges have been refiled with the DA's office, so we will probably be going back to court within the next couple months over the nails incident. I've never had to deal with the legal system before, so I had no idea how LONG everything takes in order to complete.

That letter sounds like a good idea, I'll talk to our lawyer about that..

[srothstein]

You cannot make an arrest for the criminal trespass, and the signs are not needed. A much better way would be to serve him written notice to remain off your property. Do it by mailing him a certified letter with a return receipt. The receipt and a copy of the letter are your proof he was notified to remain off your property, which is all the law requires. Then you file criminal charges every time he does enter. This will probably require the video camera to document. Make sure you notify the police and give them the copy of the letter and a copy of the receipt (I would probably mail them a copy of the notice at the same time as I mailed it to him, also certified return receipt, telling them in advance it is coming).

Also, look into filing stalking charges against him. It meets the legal definition of a continued course of action a reasonable person would find threatening injury or a crime against your property. It is a third degree felony and should get some action by the DA.

And as suggested, I would also go with a civil lawsuit for damages (psychological harm is big money) and a restraining order to remain away from you, your family members, and your property.

[G.A. Heath]

I would like to comment regarding the open carry suggestion. The idea is to de-escalate the situation not to escalate it further. Further more your property line is NOT where your lawn meets the road. Most, if not all, cities posses a "right of way" of sorts that extends some distance into your yard, most cities in my area it is 10 feet (I think0. If you open carry in that area and you can be charged with UCW.

My advice is notify, document, complain, and follow up. Notify the subject in question that he will charged with trespass and any other applicable charges in any future instances. You can notify him with signage, Certified letter, and/or having a LEO notify him. I suggest the certified letter AND having a LEO notify him. Document each violation as best you can. Contact local Law Enforcement and complain as soon as possible. Provide one copy of the documentation (Video, pictures, ect) and a COPY of the notification to LEOs who respond to your complaint and keep a copy for yourself. Remember your county Sheriff is probably up for re-election right about now and seek an appointment with him regarding this issue. Finally is the follow up step where you sign complaints (press charges), get restraining orders, and go to court. Defend yourself, and family, if needed otherwise the gun needs to stay in its holster and out of this guys sight. If he sees the weapon you can not be sure exactly what his reaction will be. He may decided to walk up and shoot you, he may decide to play sniper, he may decide to leave you alone, me may decide to start making false complaints to Law Enforcement and having a description of your weapon will lend some credence to him.

[CJATE]

With all this trouble, are you still parking in front of his house?


He is clearly not stable, I would move the truck, see if stops.