actually I have 3 questions...?

Question

Ok , here's the thing... We have had trouble with this neigbor for 7 yrs now, so today out of the blue, a cop knocks on the door, (on a Sunday morning) and serves a criminal summons, saying we vandalized a mailbox located in front of an empty run down residence, the mailbox (laying rusty on the ground) has been laying there for months, it was junk to start ... 1st of all is it legal to serve a warrant on a sunday? .... for two, the date she went down and said we did this was like July 19th, this is November, isn't there like a time limit? this was like almost 4months ago she went down and made up the lie, and they're just now coming to serve a summons...and third no one ever even came out to investigate, she just went down and made a false statement and that was that... had they came out, they'd have found a rusty old mailbox laying on the ground that's been laying there since spring or before? so the thing is are those 3 things legal?

Oh and btw when we asked what we were supposed to have struck the mailbox with, they said they had no clue, also we asked what time of day it supposedly happened, they said it didn't say that on the summons either.
It boggles the mind how small towns can get away with s**t like this.

uhh no geniusjack, this DID not happen, the mailbox either fell or she took it down, no one saw anything cause it NEVER happened, we are on a rural road, my grandfather sold his home on that spot, when they learned there was no running water there (we have the water rights) they sold it, this person bought it, and left it just sitting, secondly she lives wayyy up the road, my nephew lives approx. a couple hundred feet down the road, and not only is she lying, theres no way she could have possibly seen that far down and it's like a jungle over there as well, the thing is the cops knows it's a lie, the City has elected all new officials since then (in August), but they want us to come down, let them book us, pay a bondsman 80 bucks, and go to court, they've already said it will surely be thrown out.. BUT they keep your bond and call it court costs regardless if your innocent, they still keep your 80 bucks.

Answer 1

This is filing a false report of the worst nature because it takes up the time of the police and the courts plus there is no value to an old rusty mailbox and your neighbor is harassing you.

Get some signed affidavits from neighbors or friends who have seen this mailbox laying around for months before she made the claim. Go to court take some witnesses who can honestly say they saw the mailbox and how long it was laying on the side of the road.

You may want to investigate filing something on her for filing a false report.

They can serve a warrant any time day or night.

Answer 2

All three things are legal. There is a two year limit on serving a summons on average depending on the state/county you're in. Two, if your worries are someone "telling on you" about damaging an old mailbox then perhaps changing your priorities in life would be a better. Don't allow this to turn into going back and forth.....The best thing you can do is send them tickets to the movies and a card saying "if we can't be friends let's at least get along." One of you needs to be the grown up in this situation because a mailbox and a summons is just ridiculous. It's like complaining the rest of your lives about who broke the lamp at grandmas house when you were ten. Useless time spent. good luck.

Answer 3

1. It's legal to serve process on sunday, or any time, any place within the jurisdiction in question

2. The time limit is measured in years, I'd guess a minor thing like this would be two, maybe three.

3. The summons means there is probable cause, it doesn't mean they have to come out and prove your side of the case.

Just answer the summons, take pictures and gather witnesses and prove your case, then consider a civil suit against the neighbors for abuse of process.

Answer 4

Yes, they can serve a warrant on a Sunday. Laws apply ALL days of the week. Yes there is a statute of limitations but it is 7 years not 4 months. You don't know for sure that no one investigated.

If you didn't do it, fight it in court. Don't expect these charges to go away.

Answer 5

answer 1: they can legally serve a summos on any day of the week

answer2: the courts are backed up and petty stuff like this does not get all that much priority...so yes you can be charged but that leads us to
answer 3: its going to be hard to prove in court, being that no one really investigated what happened and that its hard to tell who did it since the mail box was a piece of junk to begin with, its ther word against yours. don't worry about it, just go to court and be calm and mature about it and explain your side of the story. let them be the ones to get out of control and make them look stupid! good luck

Answer 6

All I have to say is WOW... I'm glad this isn't my neighbor.

Unless the judge is a friend of your neighbor you'll probably beat this in court unless they have a picture or video of you tearing up the mailbox....

Then I'd sue your neighbor for wrongful prosecution.

Answer 7

just go to the cops and say you will go underoath and say that you did nothing of the sort. and say that there has ben a dispute between u and the neighbors for 7 yrs now. the neighbor can pay a huge fine for calling the police and giving a false statement to them. go to the police station personally they should handel it.

Answer 8

Try to make up the things to avoid wasting of Ur precious time by lengthy hearing of courts.

Answer 9

You need to get access to your Legal Rights. Please contact me as soon as possible. I can provide you with the No.1, Law Firm in your State with 24 hour access and much, much more. Don't wait, learn what I can do to help you with your Legal Matter!

Answer 10

Good luck. I don't know that any of that is illegal. Poor practice sure. I'd just wait and go to court, it will probably be thrown out.