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Improper Use of 911

Case Summary:

The defendant was charged with a count of Harassment and a count of Improper Use of 911.The charges arose out of an incident wherein police had arrived at the defendant's business to issue him a citation for permitting a trailer to be on his property. While delivering the citation to the defendant a dialogue between the officers and the defendant ensued that ultimately led to the officers arresting the defendant for the above charges. The defendant pled guilty to count 2 as a violation and assessed a $100 fine.

Attorney Comments:

My client and the local police department had a somewhat strained relationship due to some history related to occupied trailers being on my client's property. When the 3 officers (one female) arrived to deliver the citation, my client was not happy to see them. The officers delivered the citation and some unfriendly banter occurred back and forth. My client asked the officers to leave his property repeatedly since the citation had already been delivered and they had no further business there. The officers refused to leave and continued to argue back and forth and, as to at least one of the officers, the video showed his tone and commentary was incredibly antagonistic.

Faced with the officers refusal to leave his property my client called 911 and asked for assistance in getting the officers to leave. The antagonistic officer threatened my client with arrest if he made the call and so when the call was made the officer ordered my client outside to be arrested. My client began exiting the building but upon exit the female officer was blocking his path. In response my client screamed some colorful language at her and the male officers tackled him. The officers manufactured a narrative that they tackled him because they believed he had pushed the female officer, but the video specifically showed no contact occurred. Their narrative of my client being physical was fabricated in effort to justify themselves from having tackled my client.

The State demanded that my client plead guilty to a misdemeanor and we set the case for trial. Roughly one month before the trial was set to begin the State agreed to reduce the misdemeanor to a violation and my client agreed to plead guilty to that and pay $100 fine. At this point my readership should have an understanding that in almost every case where a violation offer is made it makes sense for defendants to accept that. Avoiding the unpredictability of a jury trial in exchange for paying a fine is, almost always, the practical choice. Please do not interpret my commentary as my agreement with this practice - I am only agreeing that when a person is faced with these choices it makes sense why they would decide to plead guilty to a violation versus going to trial.

Jackson County, Oregon

Actual Case Summaries
Be advised that I never promise a client a particular outcome, details of prior cases should not be taken as an indication that other clients will necessarily see the same results.
 

Assault, Harassment and Disorderly Conduct
Foreign Driver Fleeing the Police

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