Robbery!

[daisycreek]

Wow that is scary! I think I would be calling A real estate agent today..

 

[ocean733]

Not sure about the prosecuted, good question for 2A.

I THINK MD has a "retreat law'. Even though they were in HER home it's up to here to leave the situation. Unless they have a gun to her head, hammer pulled back and finger pressing the trigger, you can't fight back

THem just being in your home, trying to rob you, and who know's what else, in the great socialist state of Md you do NOT have the right to defend yourself, your family, or your property.

You've got to be kidding me!!!! That's one messed up law. So you can wake up in the middle of the night with some black man standing over your bed and you are only allowed to ...make tea for him and invite him for cookies?!

 

[daisycreek]

I seem to recall a story a few years back from the 7th district where someone broke in and assulted a man's wife and the husband beat the intruder with some object (can't remember what he used)... and the husband was charged.

I thought there was some guideline that the intruder had to be inside your home?

 

[Mousebaby]

You've got to be kidding me!!!! That's one messed up law. So you can wake up in the middle of the night with some black man standing over your bed and you are only allowed to ...make tea for him and invite him for cookies?!

Hey Ocean I found this number of this guy that gave us a window and door estimate last year. His name is Richard Taylor and his number is 301-775-8066. Give him a call and see if he can help you out. It's worth a try!

 

[ocean733]

Hey Ocean I found this number of this guy that gave us a window and door estimate last year. His name is Richard Taylor and his number is 301-775-8066. Give him a call and see if he can help you out. It's worth a try!

Thanks for the lead!!!!!

 

[Mousebaby]

Thanks for the lead!!!!!

You're most welcome, I hope it works out!

 

[Ken King]

You've got to be kidding me!!!! That's one messed up law. So you can wake up in the middle of the night with some black man standing over your bed and you are only allowed to ...make tea for him and invite him for cookies?!

Read this. Maryland self-defense - Wikipedia, the free encyclopedia Based on the circumstances that you described if she did shoot them and was prosecuted it appears by the standards that she would have been found not guilty. But the state could have put her through the process and it probably would be an extreme financial hardship.

 

[bcp]

You've got to be kidding me!!!! That's one messed up law. So you can wake up in the middle of the night with some black man standing over your bed and you are only allowed to ...make tea for him and invite him for cookies?!

actually not a good idea.
if by chance he were to have an allergic reaction to anything you offered him, you would be sued and he would end up owning your racist home.

Offer him a chocolate chip cookie and rev al will be twisting it into some sort of statement of his blackness.

best just to try and climb out a window and run like hell, hoping your children will follow.

now if you have property, and think you can get away with digging a hole, dropping him in and covering back up without being caught, I suggest doing so. But do not kill him first, else you will be charged with murder.

 

[jwwb2000]

to your mom.

 

[mommarock]

Prayers for you Mom and her hubby

scary!

 

[ocean733]

actually not a good idea.
if by chance he were to have an allergic reaction to anything you offered him, you would be sued and he would end up owning your racist home.

Offer him a chocolate chip cookie and rev al will be twisting it into some sort of statement of his blackness.

best just to try and climb out a window and run like hell, hoping your children will follow.

now if you have property, and think you can get away with digging a hole, dropping him in and covering back up without being caught, I suggest doing so. But do not kill him first, else you will be charged with murder.

 

[kris31280]

My worst nightmare. My mom just called me (at 2am-she's never awake). She heard a loud BANG, got up and looked out the window and turned around and saw a strange black man in her bedroom.

She lives in Dorchester (in Waldorf).

Turns out, it was 3 fifteen-year-olds. They broke into the side door of her garage, walked past her car (so they had to know that she was home) and walked through the house into her bedroom.

Thank God the neighbor heard the loud bang (them kicking in the door) and called 911.

My mom couldn't find her gun.

What would have happened if she shot them dead?

I say she had every right, but she told me that she would have prosecuted.

From a legal standpoint, these people had broken in to her home and walked right in to her bedroom. She had no way of knowing if they were armed or were not armed, and therefore she had every right to shoot them. It was a clear breaking and entering, and since it would've been inside her house she's got legal clearance... if they were out side of the house, there would be some legal rammifications.

 

[Rael]

Now...remember, this isn't about color. If ANY person breaks into your house, the best thing to do is to ask them if they would like to have your home. Right now. Get them to agree. Have the paperwork ready to sign, and then move out right then. Just sign it over to them, no money exchange, all free. They get what they obviously needed, you don't get sued for defending yourself. It's win/win.

Seriously though, glad she's okay.

 

[GopherM]

First, thank God she is unharmed.

I kind of scanned through most of the comments so I might be repeating advice that has already been given.

If she had shot the little SOBs, it is unlikely she would have been prosecuted. The states attorney would have most likely brought the case to the grand jury. After sitting on a grand jury, they tend to make logical decisions from the information that is presented and the answers they get to their questions. It is unlikely she would have been indicted. If she had been indicted an prosecuted, I can't believe any jury would ever convict her. A lot of fear and adrenaline are let loose in such a situation and I don't think anyone would have held her responsible for defending her home and her safety.

 

[ocean733]

I just went to the Renn Fest with Clevalley, and it was his buddy that caught the intruders last night!

He came over C's house this morning and mentioned the arrest. Then, when I met up with him, we realized that we were talking about the same incident.

Small world.

Thanks for everyone's support/opinions!!!

 

[Hoover]

From a legal standpoint, these people had broken in to her home and walked right in to her bedroom. She had no way of knowing if they were armed or were not armed, and therefore she had every right to shoot them. It was a clear breaking and entering, and since it would've been inside her house she's got legal clearance... if they were out side of the house, there would be some legal rammifications.

Goodness, I am glad you are not a lawyer and only pretend to be one on the forums. She had no legal action to shoot anyone. The police would have arrested her for murder or attempted murder. Many people think it is legal to shoot someone trespassing, but it is not.

Maryland Law states - in most, if not all states, you dont have a right to shoot someone just for trespassing. You can shoot when your life is threatened, that's about it. Warning shots are generally classed as use of lethal force. These rules just as tight as if you shot to kill. If your life is threatened, it doesn't matter whether you have "no trespass" signs up or not, you can shoot. Hugs to you Ocean and glad Mom is okay.

PS - Learn better grammar and stop trying to be a lawyer.

 

[clevalley]

I just went to the Renn Fest with Clevalley, and it was his buddy that caught the intruders last night!

He came over C's house this morning and mentioned the arrest. Then, when I met up with him, we realized that we were talking about the same incident.

Small world.

Thanks for everyone's support/opinions!!!

I am glad Mom is OK.

Goodness, I am glad you are not a lawyer and only pretend to be one on the forums. She had no legal action to shoot anyone. The police would have arrested her for murder or attempted murder. Many people think it is legal to shoot someone trespassing, but it is not.

Maryland Law states - in most, if not all states, you dont have a right to shoot someone just for trespassing. You can shoot when your life is threatened, that's about it. Warning shots are generally classed as use of lethal force. These rules just as tight as if you shot to kill. If your life is threatened, it doesn't matter whether you have "no trespass" signs up or not, you can shoot. Hugs to you Ocean and glad Mom is okay.

PS - Learn better grammar and stop trying to be a lawyer.

To add, Maryland requires duty to retreat and has no Castle Doctrine, in short here is the reading;

The duty-to-retreat criteria can be met under two different circumstances. And, in both circumstances, the actions must be considered against the actions of a reasonable person in the same situation.

The first circumstance can be met when the individual is in a location where retreat is possible. It is met when the individual does, in fact, retreat but retreats to a location where they can safely retreat no further. Thus the situation results in some type of self defense.

The second circumstance can be met when the individual is in a location where retreat is not possible. This is a location where the individual has no known avenues of safe retreat. The issue of whether the avenues do exist are irrelevant, as long as the individual is unaware of their existence. Also, the avenue must always be a avenue of safe retreat.

If mom would have pulled out the gun and shot them, yes, she could have been in a jam - it is NOT cut and dry legal... UNLESS you are at the LAST point of retreat in your home AND your life is in danger. The ONLY way it is 100% legal if they are chasing you down with a weapon and you cannot retreat ANY further.

What does this mean? It means Maryland lawyers can argue either way based solely on interpretation and circumstances, unless in the last 2 sentences in the above paragraph. We can thank our gun-grabbing lawyers for this, I would like to hear 2A's .02 on this as he is probably the resident expert in this field.

Talking with my buddy tonight, yes, it is a gray area... but we both agreed dead-men cannot talk...

 

[ocean733]

Hey C:

Can you let me know when the court date for these punks comes up? My mom has every intention to take off of work and be there that day.

 

[bcp]

now you all see why I was joking about jumping out a window and hoping the kids caught up.
its really not funny, but basically, thats really what you are "supposed" to do.

remember this, after you shoot them in the head, go to the kitchen and pick up one of your big knives, then place it in the hand of the guy laying there dripping on your carpet.

I cant speak for the police, but if it were me doing the investigating, I would not question the situation too much.

Does a crime scene investigation take place in a situation like this? if so, they would most likely be able to determine if pooky took the knife from the kitchen, or you did.

seriously though, everyone is really glad that your mom is ok and that nothing happened.
lets hope it never happens again.

 

[itsbob]

I cant speak for the police, but if it were me doing the investigating, I would not question the situation too much.

I think what the problem is though, that in the State of MD you are going to be arrested and charged.. doesn't matter what the cop thinks, or the investigation proves.

SO three years, 100's of thousands of dollars in legal fees, your house and your job later, you're proven innocent (if you meet the criteria in MD law). You've already been MORE than punished.

Your life is ruined, and absolutely nothing you can do about it.