I’ve recently started wearing an eye mask to sleep. My challenge was that we have two smoke alarms (with their accompanying lights) right above my side of the bed, and cloister windows that the full moon would brightly light. This was a relatively easy transition for me, and I’m sleeping even better than before.
3 Likes
@thumper1 I’ll try.
It went to the trial. They got bench probation. What does it mean? Is it good or bad? I know what the word means but legally speaking.
They actually went to trial? They are bizarre! I think bench probation is more casual than a criminal getting out of jail and getting a probation officer? I’d like to think it means if they do it again, they jump right to being punished more seriously.
3 Likes
Generally, from my reading, the court expects them to check in. Ask the court office what terms or conditions are included with the bench probation. Did the court order restitution for you? Did the court order them to stay off your property?
2 Likes
I was just given a summary. Details will follow. Yes, they have to pay restitution and stay off my property. Are there any other restrictions? Are they allowed to travel during bench probation?
It is possible that the judge may limit travel, or require notice to the court and permission from the court for the defandant to travel. Please know, I am not a lawyer. You’d best be served by inquiring directly with the court and a lawyer there, to protect your rights.
1 Like
Which would prove ironic in a case of neighbor on neighbor crime where ideally the vandal travels far far away.
7 Likes
And takes his family plus belongings with him. 
3 Likes
This is their second home. If the travel is limited, they’ll stay away. It looks like bench probation is much easier than regular probation. Doesn’t look hard to satisfy. It got on the record, I guess.
2 Likes
What happens if probation terms are violated? He was supposed to write an apology letter to me and pay me restitution by Oct 1. I have not received either so far. I contacted the court. They said it is a probation violation and the prosecutor will be notified. Then what? Will there be another trial?
Contact your lawyer…and ask what to do next. Violation of probation is taken very seriously where I live.
3 Likes
I hope it is taken seriously. The guy is dangerous in my opinion. What could my lawyer do? Can my lawyer make sure it is taken seriously by the court against this guy?
Violation of probation here can lead to jail. I don’t know what it is where you are.
Anyone else have an opinion?
1 Like
What was the original sentence? Was there jail time he did not have to serve when he was granted probation? If so, that would be enforced.
1 Like
Misdemeanor, I am guessing? I don’t think there was jail time. Isn’t violation of probation a new criminal offense?
Not a lawyer…. Your lawyer may report the failure to apologize and pay restitution to court and the court may consider a variety of actions, such as a bench warrant , or another hearing. (May vary by state.)
Edited to add, possible that defendant requested delay due to illness, job loss, etc., etc.
1 Like
At this point your neighbor’s disregard for the sentencing might start ticking off the judge and you may not be the one driving his coming misfortune.
2 Likes
Sorry for your situation, and you are right to take this seriously and not back down. You might want to inform the neighbors of the facts of your current suit, so that you have a record of what has transpired.
Did the second tress pass also get noted? My understanding was that there was an offence, a second offence, and now, probation has been violated.
Beyond the police and courts, is there any private security firm you can consult with to figure out anything else you can be doing? Sorry that the onus is on you, but it seems like this is where you are in this matter.
1 Like
Why not get an alarm? And/or get a dog, with sensitive ears, they’ll start barking if and when it happens again, when you’re staying at the property.
Also, not knowing your lighting setup, can the lights be recessed, say like into deck above or built-in trellis, or moved to a higher location?