Were my rights violated?

[tranquility]

I don't think I have a good case for malicious prosecution either. I think they had every right to prosecute. I do think I have a rock solid case for abuse of process though, and my attorney's fees, and potential punitive damages can always be awarded for corrective incentive. They should have sued me in small claims court, and prosecuted me. There is no preliminary review- as the OCP is a prosecutorial arm!
I was financially damaged, and had a black cloud hanging over my head for months - who knows what that cost?

How would you have been better off if they just prosecuted you and had the woman sue you in small court at the same time? They gave you an additional option to avoid prosecution. You did not choose it. You may still have to deal with a small claims case against you.

 

[justalayman]

I don't think I have a good case for malicious prosecution either. I think they had every right to prosecute. I do think I have a rock solid case for abuse of process though, and my attorney's fees, and potential punitive damages can always be awarded for corrective incentive. They should have sued me in small claims court, and prosecuted me. There is no preliminary review- as the OCP is a prosecutorial arm!
I was financially damaged, and had a black cloud hanging over my head for months - who knows what that cost?

the city had no standing to sue you so they couldn't. They do have the right to seek enforcement of the laws though and that is what they did.

Beyond that, even if they could have sued you, they had no obligation to do so prior to seeking prosecution of the charges. There was no obligation to allow you to pay the claim either. The claim for payment and the refusal to do so was not an element of the crime charged.

The law you were charged with has nothing to do with the claim for damages. Paying the claim would not have affected their right to seek prosecution of the charges.

What you are calling a violation of your rights of due process previously but are now changing that to an abuse of power (and the underlying basis for each of those issues is different) is nothing more than a person that was prosecuted being upset for being prosecuted.

As I said before, if the law was so clear that they should not have prosecuted you, you or your attorney should have been able to have the charges dismissed during preliminary activities. The fact this was taken clear to finality of a finding of guilt or not, it strongly suggests the application of the law that resulted in the charges warranted the prosecution and as such, and as I said before;

it is not an abuse of power to prosecute a person for a valid belief a law has been violated, even if there is an underlying poke to the ribs justification for it.

 

[Handydog]

Were you found factually innocent?

I don't think you can be found innocent - I was found not guilty, but I was innocent.

 

[Handydog]

It was a directly connected criminal charge. Because of your acts directly related to the services a person complained about to the government, the government found out additional facts that gave them probable cause to believe you violated the statutes requiring licensing. While you want to keep them separate, the reason you made the offer to contract was because she felt you harmed her and you wanted to have that problem go away.

Your wrong - the reason I offered to paint her siding was because I felt that maybe the finish was undermined by the egging but had not been removed, that my power washing removed the undermined finish, and she was unaware that the damage was existing. I could not believe that she refused to buy the paint, and was relieved that I didn't have to do the painting. An insurance company wouldn't give her a dime as 31, year old paint has no value.

Property damage alledged to have been done by a previous power washing job wherein no license was required is disperate from a criminal charge wherein a license is required. Why you can't see the disconnect is beyond me.

 

[Handydog]

the city had no standing to sue you so they couldn't. They do have the right to seek enforcement of the laws though and that is what they did.

Beyond that, even if they could have sued you, they had no obligation to do so prior to seeking prosecution of the charges. There was no obligation to allow you to pay the claim either. The claim for payment and the refusal to do so was not an element of the crime charged.

The law you were charged with has nothing to do with the claim for damages. Paying the claim would not have affected their right to seek prosecution of the charges.

What you are calling a violation of your rights of due process previously but are now changing that to an abuse of power (and the underlying basis for each of those issues is different) is nothing more than a person that was prosecuted being upset for being prosecuted.

As I said before, if the law was so clear that they should not have prosecuted you, you or your attorney should have been able to have the charges dismissed during preliminary activities. The fact this was taken clear to finality of a finding of guilt or not, it strongly suggests the application of the law that resulted in the charges warranted the prosecution and as such, and as I said before;

it is not an abuse of power to prosecute a person for a valid belief a law has been violated, even if there is an underlying poke to the ribs justification for it.

You are confusing Abuse of Process with abuse of power. When they utilized the criminal court process soley for money - they abused the courts. The criminal charge was for the coercement of money - nothing more, as I could of bought the charge for $500.00 bucks. This is extortion which is both an abuse of power, and the criminal court process!

There was no preliminary activities - I had one court appearance; trial. I don't know why the prosecutor went through with the case. I guess because the OCP filed the complaint. I can tell you that even the sheriffs were disgusted with such a frivilous complaint, and the prosecutor got a good lecture from the judge.

The answer I am seeking is: when the government moved to extort money from me on behalf of the home owner that she was not entitled to, because I was not allowed to dispute their claim ( OCP stated that their investigation revealed that I was responsible for $1,625.00 from defective power washing ) it was not adjudicated - did this violate my right to due process of law? Do we have the right to due process before the government moves to take life, liberty, or property from us?

 

[justalayman]

You are confusing Abuse of Process with abuse of power. When they utilized the criminal court process soley for money - they abused the courts. The criminal charge was for the coercement of money - nothing more, as I could of bought the charge for $500.00 bucks. This is extortion which is both an abuse of power, and the criminal court process!

but that is your claim. They will argue the charges were valid and as such, you were prosecuted based on the claimed violation of the law. Best of luck on that one. The courts generally do not like to take actions that tend to cause people to shy away from taking actions when deemed appropriate.

There was no preliminary activities - I had one court appearance; trial. I don't know why the prosecutor went through with the case. I guess because the OCP filed the complaint. I can tell you that even the sheriffs were disgusted with such a frivilous complaint, and the prosecutor got a good lecture from the judge.

I guess you had a poor lawyer then. The reason there were no pretrial activities is because your lawyer apparently took no actions to seek a dismissal of the charges. Apparently your lawyer felt there was no reason for discovery either. Maybe you should not hire that same lawyer should you have the need for a lawyer in the future.

The answer I am seeking is: when the government moved to extort money from me on behalf of the home owner that she was not entitled to, because I was not allowed to dispute their claim ( OCP stated that their investigation revealed that I was responsible for $1,625.00 from defective power washing ) it was not adjudicated - did this violate my right to due process of law? Do we have the right to due process before the government moves to take life, liberty, or property from us?

Of course it was not adjudicated. That was an administrative action. There needs be no right to dispute the demand prior to instituting the demand. If you failed to properly dispute the demand after it was issued, that is your own fault. You were not prevented from taking action to dispute it. You simply apparently had no idea how to dispute it.

 

[tranquility]

Your wrong - the reason I offered to paint her siding was because I felt that maybe the finish was undermined by the egging but had not been removed, that my power washing removed the undermined finish, and she was unaware that the damage was existing. I could not believe that she refused to buy the paint, and was relieved that I didn't have to do the painting. An insurance company wouldn't give her a dime as 31, year old paint has no value.

Property damage alledged to have been done by a previous power washing job wherein no license was required is disperate from a criminal charge wherein a license is required. Why you can't see the disconnect is beyond me.

Let us know how your theories fly. It is clear the events are related both factually and legally. Why you think there is a disconnect is beyond me.

 

[LdiJ]

Come on people, there is unlikely to be anything resembling criminality here. Everything had to do with the same facts and issues and no government official is trying to cheat anyone. Has anyone heard of a DA or city attorney telling a person he won't prosecute if restitution is made within a certain time frame?

Bet me this goes no where.

I dunno Tranq....

This was a purely civil issue that an OPC turned into a criminal issue...and the prosecutor was soundly lectured by the judge for prosecuting the case.

While it may not be extortion, I certainly don't think that the OPC's superiors would be happy about this, and it might rise to malicious prosecution.

 

[Handydog]

but that is your claim. They will argue the charges were valid and as such, you were prosecuted based on the claimed violation of the law. Best of luck on that one. The courts generally do not like to take actions that tend to cause people to shy away from taking actions when deemed appropriate.



I guess you had a poor lawyer then. The reason there were no pretrial activities is because your lawyer apparently took no actions to seek a dismissal of the charges. Apparently your lawyer felt there was no reason for discovery either. Maybe you should not hire that same lawyer should you have the need for a lawyer in the future.





Of course it was not adjudicated. That was an administrative action. There needs be no right to dispute the demand prior to instituting the demand. If you failed to properly dispute the demand after it was issued, that is your own fault. You were not prevented from taking action to dispute it. You simply apparently had no idea how to dispute it.

The claim was invalid in that the criminal charge was based soley on a civil dispute. ( see Abuse of Process ) Your right that the courts do not like the perversion of criminal proceedings as it does undermine confidence.

My lawyer is a very good litigator. The reason there was no pretrial activities is because this was a misdemeanor. I testified on my behalf to the only question posed by the prosecutor. I would not hire my attorney again. I am in fact submitting a complaint to the grievance board, because he should have objected to the extortion to the prosecution. The prosecutor should have dismissed the charges, and turned his attention to the extortionest!

I did dispute the demand to the OCP - he ignored my every asertion; he did not even acknowledge them. He was fixated on extorting me period. They did not pursue the dispute in the proper venue; small claims where I could have challenged the claim based on the evidense. You cannot dispute a extortion demand. That is a criminal matter where no price can be placed.

The bottom line was they should have sued me, and charged me with a crime. To combine the two into a threat/demand/charge is a felony!

 

[Handydog]

Let us know how your theories fly. It is clear the events are related both factually and legally. Why you think there is a disconnect is beyond me.

Simple: a property damage allegation is a civil dispute. Acting as a contractor without a license is a criminal matter. To use the latter to coerse adjustment for the former is extortion.

This is not a case of restitution. The $1,625.00 complaint is arbitrary. I was not even provided with an estimate! I was provided with a threat to pay the arbitrary amount or face pain of punishment in a criminal proceeding. Damage alledged to be created from a legal activity is not a criminal matter - it is a civil matter. Surely you can see that.

I will keep you apprise of what is yet to come. That doesn't mean that justice is going to be done. When the prosecution relayed an offer through my attorney to settle for $500.00 - that was at least unethical. Again I should have been able to dispute any monetary claim - I have that right.

 

[Handydog]

I dunno Tranq....

This was a purely civil issue that an OPC turned into a criminal issue...and the prosecutor was soundly lectured by the judge for prosecuting the case.

While it may not be extortion, I certainly don't think that the OPC's superiors would be happy about this, and it might rise to malicious prosecution.

It is not malicious prosecution probably. Is painting for free contracting? It is surely an Abuse of Process, and extortion. You cannot threaten someone to pay money with criminal prosecution even if it is clear that you owe them a specified amount, and you are duty bound to prosecute! When you couple the threat to bring charges with the damand you have committed extortion - bearer instrements not withstanding.

The supervisor of the investigator may be a conspirator! Remember, the investigator ( OCP ) told the woman to paint the house, send me a bill, if I didn't pay, sue me. Then something happened, and he chose to extort? Maybe he was directed by his superior? As I say, the neighbor told me that she had a connection at OCP - that she had used them with great success in the past! The neighbors wife said to me " I wish we would have warned you about that women " The other neighbor who's house I washed after conveying to him the criminal threat said " I know all about her " It seems that she is the consummate victim.

When I asked OCP for a Maryland Public Information Act ( that request goes to the head person at the county OCP office ) for all complaint submitted by that particular homeowner, the response was that she only had one case on file at this time. That ambiguity leaves me suspicious as I asked for all cases!

 

[Zigner]

I think you are losing sight of reality here...

 

[tranquility]

I dunno Tranq....

This was a purely civil issue that an OPC turned into a criminal issue...and the prosecutor was soundly lectured by the judge for prosecuting the case.

While it may not be extortion, I certainly don't think that the OPC's superiors would be happy about this, and it might rise to malicious prosecution.

The OPC turned the facts over to the prosecutor. That's what generally happens when the government finds out about criminal activity.

 

[tranquility]

Simple: a property damage allegation is a civil dispute. Acting as a contractor without a license is a criminal matter. To use the latter to coerse adjustment for the former is extortion.

This is not a case of restitution. The $1,625.00 complaint is arbitrary. I was not even provided with an estimate! I was provided with a threat to pay the arbitrary amount or face pain of punishment in a criminal proceeding. Damage alledged to be created from a legal activity is not a criminal matter - it is a civil matter. Surely you can see that.

I will keep you apprise of what is yet to come. That doesn't mean that justice is going to be done. When the prosecution relayed an offer through my attorney to settle for $500.00 - that was at least unethical. Again I should have been able to dispute any monetary claim - I have that right.

It is not extortion, as I already wrote. Stop using the word.

Your argument is that you should have been prosecuted and sued. That it is unfair, or wrong somehow, to have them linked. I don't see how. They gave you the benefit of not being prosecuted if you just paid the damages. You said the amount was wrong. Fine. You may get to make that argument in court. But, you were not more prosecuted because of not paying. You were prosecuted because the government had probable cause to believe you violated the statute. Nothing worse happened because of the amount that could not have already happened. It is entirely fair for a prosecutor to not file a case if the purported suspect attempts to make things right. You choose not to. Again, fine. He chose to file. Again, fine.

The criminal matter arose from the civil matter. Surely you can see that. They are related and completely intertwined.

I agree completely this is not malicious prosecution. Just for the sake of argument, if you wanted to make such a claim, who would you make the claim against?

 

[Handydog]

It is not extortion, as I already wrote. Stop using the word.

Your argument is that you should have been prosecuted and sued. That it is unfair, or wrong somehow, to have them linked. I don't see how. They gave you the benefit of not being prosecuted if you just paid the damages. You said the amount was wrong. Fine. You may get to make that argument in court. But, you were not more prosecuted because of not paying. You were prosecuted because the government had probable cause to believe you violated the statute. Nothing worse happened because of the amount that could not have already happened. It is entirely fair for a prosecutor to not file a case if the purported suspect attempts to make things right. You choose not to. Again, fine. He chose to file. Again, fine.

The criminal matter arose from the civil matter. Surely you can see that. They are related and completely intertwined.

I agree completely this is not malicious prosecution. Just for the sake of argument, if you wanted to make such a claim, who would you make the claim against?

Extortion is the ideal word to use here - look up the definition. It is a threat to do anything to coerse someone to give up anything of value that you are not entitled to. They were not entitled to any money as they did not prove or even try to compel the believe that I was responsible for damage. They merely said they wanted $1625.00 for damage due to defective powerwashing. Now stop right there. This is a civil dispute period. The criminal courts are not the venue for this claim.

Then laaaaaateeeerrrr she phoned me, and asked me to come by, and look at the siding. I did days later, and she asked me to fix it. I told her it needed a new finish ect. ect. She solicited me.

It was OCP who indicated that I had broken the law in my response to their initial correspondance to me wherein they stated that they were mediators bla bla bla. They ignored facts; egging, hail, the fact that she tried to get her neighbor to pay half, for a new fence, after she put it up, that seperated their property, 31, year old siding ect. Their response was I broke the law pay or else; EXTORTION!

I hope I get to tell my side in court. She was stupid to try, and extort me, too stupid to take my offer - maybe she'll be stupid enough to sue me. 31, year old paint on aluminum siding has no value - if you don't clean egg off of painted aluminum surface immediately - your screwed. There is still egg visible on the front shudded. The back of her house shows no damage according to the beautiful pictures I took. If she were going to sue me she would have done so - shucks!

Your assertion to make things right - make what right? An allegation? A damage allegation has no assigned value until it is substantiated. That occures through civil court when no compromise is agreed! You are connecting the offer to paint for free with the damage, because of the damage, from investigation of the totallity ect.. However there is no legal connection at all - one is a civil matter, one is a criminal matter, and thats more than a leap!

I would not bring a Malicious Prosecution tort - I think that is bad advise. An abuse of process tort however is exactly correct as it only has three elements. (1) a case was brought - civil or criminal.(2) for alterior purpose - the criminal courts are not for eaxcting civil colateral adjustment. (3) some action was taken after it's incipience not inline with the proceeding - request for $500.00 at trial. The malicious prosecution has two other elements (4) the court action ended in my favor - got all those (5) No probable cause - that gives me pause. I think that they did not as the criminal charge was extortion from it's inception.

I would bring that suit to both in my current thinking - as it was a collaboration to extort me. Both signed the threat / demand.

I will speak to another attorney soon to see if a due process violation can prevail. The government did move by criminal threat to deprive me of money they were not entitled to! Albeit on behalf of woman x. It does not matter who you rob, steal from, kill, or extort for. If you are perpetrating a crime - you are guilty. The fact that it is by color of official right - just makes it more egreigious!