Uh......., I believe the castle doctrine in Florida does not require that you retreat.
Am I wrong about this? :confused:
From the Texas perspective, the Castle Doctrine allows you to stand your ground in terms of protecting your home. Retreating is NOT required. Again, this is in Texas. Not sure if the Castle Doctrine is the same in Florida.
the Castle Doctrine doesn't require retreat, but only applies when you're in your castle (home, hotel, car, ...)
we have a separate "stand your ground" law which removes duty to retreat when you are wherever you have a right to be
it's still good advice to retreat if it can be done safely. the new law was not written to encourage stupid king of the hill gunfights. it was written to keep Floridians and tourists from being prosecuted for defending themselves rather than being in shot in the back while trying to retreat. it's to keep us from being more afraid of the legal consequences than of the BG's weapon
I am not a lawyer, and would prefer not to send them any business except for advisory
In most states, a letter stating they cannot trespass sent certified mail serves as a trespass notice.
How far are you from Alligator Alley?
From your original post, it sounds like you make yourself a fun target to pick on. Just like when we were little kids, if you didn't let bullies bother you, you were no fun to pick on & they often times moved on to somebody else.
derek, from your comments, it sounds like they are giving you the run around. Almost as if you have a few complaints filed against you by the same group, where it would be hard for a LEO to figure out who was at fault. If you know the 17 year old has a gun, call Child Protective Services...they can do a lot a LEO can't do...or make a LEO do things he doesn't want to do. If you know for a fact that they are using illegal drugs next door and you can smell it out the window, call it in immediately. These are things that can be easily checked up on. If you actually have video/audio of them threatening to shoot you, take it to the DA, and the Police Chief, if they give you the runaround, tell them your next stop is Fox News...I would typically not go as far as I am recommending, but I don't believe I would ever let it get as far as you have let it. It sounds to me like this has gone way past a few bullies picking on an easy target. It sounds like this is going to continue to progress to me.
Stay aware, stay safe, document, purchase a weapon, and save up for a down payment to a new place...it sounds like you're not in the best of neighborhoods
I may have missed it, but you DO have a no trespassing sign out, right? If so, when they trespass, call the cops and they will not do anything but file a contact report, unless the jerks are stupid enough to be there. The next time, video evidence or reliable eyewitnesses can confirm the trespass, and they should be cited.
The next time a cop shows up, show him or her your video setup, stay calm, and try to be really reasonable. You are doing some of their job for them and believe it or not they appreciate that, unless they find you to be as big a pita as the jerks. It is a tough situation, and I am rooting for you.
braindonor, the OP said the LEO told him he had to have 4 weeks of video evidence for them to serve a tresspassing warning...that's why I said it sounds like he is getting the runaround.
oh we were also told by the chief that you have to complain to the sargent first then if he cant solve it you go to the rank above him etc etc
derek, you're past that...you've put yourself in a potentially very bad situation. you've already complained, next time, insist on filing charges, if they threaten to take you to jail also, put your hands behind your head and if you're not leaving any details out, you won't have to worry about a lawyer anymore. Attorneys like taking 30 percent of civil suits. I'm sure you read the post on this site about when the police told the daughter to stop calling the police on her ex and then the ex ended up killing her. Take that article(not the thread, the article) with you to the police station when you swear out the arrest warrant for attempted robbery, assault, drug possesion, and minor with a handgun.
It seems to me that the major issue is that it is his word against the neighbor's word. You can't take that to court. No prosecutor is going to do anything with that. This is why the PD won't act or arrest on it.
Keep everything documented, though. If it keeps up eventually it may be handy, especially if you ever have to defend yourself.
At least tell me you have all the letters written and are mailing them today?
at walmart a 20 ga. for 165.00 , 00 buckshot 5.00, saving your life priceless?
These things should have been done yesterday!!!