honoring the law or honoring my husband

[lambkisses]

Unfortunately the standard is only "beyond a reasonable doubt," not beyond a shadow of a doubt. For traffic and parking violations, a lot of deference is given to the officers, so a video of him cutting the boot is not necessary. If they executed a search warrant, they were most likely hoping to come across more than that. They also have no obligation to chase down unlikely alibis. That burden of proof - an affirmative defense - would be on your husband and probably require subpoenaing the alleged witness. Good luck with that.

You are conflating criminal law with civil law. It is ture in civil law all that is required is a proponderance of evidence. Parking violations are a civil matter so you are correct that the penalties of leaving the car in the allegedly unauthorized space does not require much in the way of evidence and the testimony of the enforcement agent that he or she witnessed the vehicle in place is sufficient. However the taking of the boot is a criminal law matter and the burden of proof is much higher and really is "beyond the shadow of a reasonable doubt". In the state of Texas at lest those exact words are given in jury instructions for all criminal cases. Also, you incorrectly believe that traffic offenses are on part with parking offenses, traffic offenses are also under criminal law and require the same burden of proof. This is the reason why people who fight tickets in court often move for discovery of a whole plethora of documentation from the municipality including training and maintenence records for officers and equipment. This is why municipalities often dismiss traffic tickets rather than eat the expense of prosecuting a moving violation to the same burden of proof as a murder, which they are constitutionally required to do. Honestly, it is the "fairness" of our legal system that emboldens people like my husband. And one more thing, a search warrant had to be specific as to what the police are looking for and where they are to search. Police cannot "look for something else". The warrant the deputies arrived with was specifically for the location of my husband's vehicle and the house and the specific property named in the warrant was the parking enforcement device.

 

[Gwen-is-new!]

So obviously he carries that thing around so he can help total strangers, and I have seen him do it. He always claims that he can make a lot of money doing unlocks but he always conviently "forgets" to ask for money. And that he will remember next time.
I thinkthat the goodness is an integral part of him. It is just a shame that he is currently wanting people to think he is "bad".

Lambkisses - It's obvious in your posts the love you have for your husband and Jesus Christ! I don't believe the bible is going to blatantly (clearly) answer what you should do as far as "turning him in", but I SO LOVE your devotion to the Word and your desire to do what it says!

Your husband was created in the image of God, so for sure there is good there. Praise the heck out of him for those wonderful things you see, and just build him up, while gently rebuking his rebellion as the spirit prompts you - yes, very hard!

He also sounds like he has a great sense of humor (Hillary jokes etc). My theory for lack of a better word is that your husband permitted a few sins, which hardened his heart, making it easy to continue with more. Pray that his conscious will convict him and he will be led to confession and repentance from the recent sins .. big and little ones.

The "boot" and parking violations might just be his "rebellion of choice".. when I read your threads, I think about me and the dog "lease law".... I STRUGGLE like crazy with this law.. and justify the heck out of it -- my dogs are sweet, my dogs won't get in a fight or bite anyone, my dogs need real exercise that they can't get while on the lease, blah blah. I had people yelling at me and cussing at me all the time about this, and then one day the Lord (I'm guessing) sent an off duty cop to catch me with my dogs off the lease, and he threatened to take me in! Scared me to death. I didn't even have a lease with me that day - I was in full out rebellion.

Maybe pray for his deliverance from besetting sins.

 

[lambkisses]

Lambkisses - It's obvious in your posts the love you have for your husband and Jesus Christ! I don't believe the bible is going to blatantly (clearly) answer what you should do as far as "turning him in", but I SO LOVE your devotion to the Word and your desire to do what it says!

Your husband was created in the image of God, so for sure there is good there. Praise the heck out of him for those wonderful things you see, and just build him up, while gently rebuking his rebellion as the spirit prompts you - yes, very hard!

He also sounds like he has a great sense of humor (Hillary jokes etc). My theory for lack of a better word is that your husband permitted a few sins, which hardened his heart, making it easy to continue with more. Pray that his conscious will convict him and he will be led to confession and repentance from the recent sins .. big and little ones.

The "boot" and parking violations might just be his "rebellion of choice".. when I read your threads, I think about me and the dog "lease law".... I STRUGGLE like crazy with this law.. and justify the heck out of it -- my dogs are sweet, my dogs won't get in a fight or bite anyone, my dogs need real exercise that they can't get while on the lease, blah blah. I had people yelling at me and cussing at me all the time about this, and then one day the Lord (I'm guessing) sent an off duty cop to catch me with my dogs off the lease, and he threatened to take me in! Scared me to death. I didn't even have a lease with me that day - I was in full out rebellion.

Maybe pray for his deliverance from besetting sins.

You must be the biggest sweetheart ever if your struggle with rebellion was over leash laws. I know my husband is a good man I just wish he had a bit more respect for others. And I wish he had a bit more fear of bring taken in. It is like he is unafraid of jail and he thinks it's a joke to be arrested. He gave a copy of his mugshot from his last arrest to the deputies serving the search warrant when he was asked for identification.
You are right he is a really funny guy, I just wish he would take it to open mic night at the yukyuk house.

 

[akmom]

I looked up the Texas penal code (Title 1, Chapter 2, Section 1) to make sure it was, in fact, "beyond a reasonable doubt" in Texas also, and it is. The judge does not read "beyond a shadow of a doubt" to the jury. I did not attend law school or anything, but I did have to take three undergraduate legal classes as part of my degree, and the difference is whether the evidence leaves any room for a reasonable doubt that things happened differently than the prosecution is suggesting. It doesn't require them to negate every outrageous possibility a person may think up that could technically happen - just reasonable ones. (Preponderance of the evidence, generally described as 51% probability, is a lower standard for civil cases. However, civil cases have other requirements, such as proving damages, so it is not necessarily easier.)

Section 3b goes on to explain that the prosecution doesn't have to prove his defense to be false, and Section 3c explains that he must provide the evidence of any defense for it to be allowed in court. Hopefully your husband wasn't banking on sending investigators on a wild goose chase to interrogate the officer's wife about an affair, because they are not required to do so. And I'm guessing he's not going to be able to scrounge up evidence for it unless he is very creative.

Of course search warrants must be specific, though there are exceptions that have been granted over the years, for findings in plain sight. Sometimes a second warrant is granted. Traffic and parking violations are actually not thrown out that often, though a person might bank on the officer not showing up to court to testify and this often results in dismissal by default. If they executed a search warrant, they'll probably make the court date. Sounds fun.

 

[lambkisses]

I looked up the Texas penal code (Title 1, Chapter 2, Section 1) to make sure it was, in fact, "beyond a reasonable doubt" in Texas also, and it is. The judge does not read "beyond a shadow of a doubt" to the jury. I did not attend law school or anything, but I did have to take three undergraduate legal classes as part of my degree, and the difference is whether the evidence leaves any room for a reasonable doubt that things happened differently than the prosecution is suggesting. It doesn't require them to negate every outrageous possibility a person may think up that could technically happen - just reasonable ones. (Preponderance of the evidence, generally described as 51% probability, is a lower standard for civil cases. However, civil cases have other requirements, such as proving damages, so it is not necessarily easier.)

Section 3b goes on to explain that the prosecution doesn't have to prove his defense to be false, and Section 3c explains that he must provide the evidence of any defense for it to be allowed in court. Hopefully your husband wasn't banking on sending investigators on a wild goose chase to interrogate the officer's wife about an affair, because they are not required to do so. And I'm guessing he's not going to be able to scrounge up evidence for it unless he is very creative.

Of course search warrants must be specific, though there are exceptions that have been granted over the years, for findings in plain sight. Sometimes a second warrant is granted. Traffic and parking violations are actually not thrown out that often, though a person might bank on the officer not showing up to court to testify and this often results in dismissal by default. If they executed a search warrant, they'll probably make the court date. Sounds fun.

Look up "angle grinder man" and "wheel clamp man". That is the reasonable doubt right there in my husband's case. You are correct, the prosecution is not going to look into if my husband was having relations with the mother of the deputy at that time but they are obliged to consider that it could be the work of dome other individual. What other individual? A copy cat angle grinder man or copy cat wheel clamp man. The affair is just one of the idiotic things my husband says to be offensive. I absolutely HATE when he does stuff like that. It is rude, disrespectful and completely unnecessary. Furthermore when he says stuff like that he is explicitly trivilizing the sin of adultery. As I said before, I don't like it when my husband breaks the law, I find it equally distasteful when he treats other people abusively. Of course his defense is not he was having relations with that deputy's mother. I know it, he knows it, and the deputy knew it. He just said it to be an ass, just like when he told that other couple that day could be their aborted grand child's birthday.

 

[akmom]

Hahaha, he's going to say Angle Grinder Man did it? Well, that could work if there were a rash of boot disappearances in the area. You'd need a lot of credibility to make that case. And yes, I figured that the affair was just inflammatory speech. He doesn't seem likely to win this one, but maybe the process is what he needs to blow off steam.

 

[LinkH]

As a wife you are not legally required to testify against your husband under common law, so I wouldn't think you would have to turn him in f as far as the state is concerned. if your church practices church discipline and I were you, I'd consider going that route, after trying to persuading him to repent and having two or three others do the same.

If they do come with a warrant, they could search and find the boot, so I wonder why he kept it. If he's out of church, then that may not work.

 

[lambkisses]

As a wife you are not legally required to testify against your husband under common law, so I wouldn't think you would have to turn him in f as far as the state is concerned. if your church practices church discipline and I were you, I'd consider going that route, after trying to persuading him to repent and having two or three others do the same.

If they do come with a warrant, they could search and find the boot, so I wonder why he kept it. If he's out of church, then that may not work.

My husband "Natalie Hollowayed" the boot (his words )after the police made their initial visit. When deputies returned with a search warrant a few days later they couldn't find anything. And church discipline won't work because my husband already rejected the church. He and he made it very clear he wasn't ever going back or reconciling with them. He even put in a stop payment on the very last offering check we gave.

 

[98cwitr]

Your words are so kind and encouraging. I am honestly not too concerned about his salvation as I am sure he is not rejecting Jesus and there is a TON of good I see in him. It's just some of what he says is decidedly offensive to others and "unchrist like". I know we are not saved by our works but that is not what I am getting at. Honestly the fact that I see so much good in him it makes his attitude all the more frustrating.
Like today, a couple detectives came by to "investigate" the missing boot. Again he was EXTREMELY disrespectful towards them. When they left I told him to be careful just incase they do gather enough evidence. He told me that he doesn't need to careful shine it is obvious that they they do not have enough to even get a search warrant (which they didn't have). I argued that still they are just doing their jobs and that there is no reason to treat them so poorly especially since he did do the thing they were investigating. My husband just took it as a joke. Then about an hour later one of the women from our former church came by because the storms last night caused a tree limb to break and it was precarious over her house. She came to pretty much plead for my husband to help her husband and sons since my husband is pretty good with this kind of thing (he's a structural engineer and just amazing with tools and machines). Based on how my husband had been acting recently and since this was one of our former church peers I braced my self for an extremely embarrassing diatribe. But instead without any prompting from me he told that woman to give him a few minutes to put on shine dungarees and load up the truck. He even insisted on bringing enough harnesses and hard hats for the other men who were going to involved. He worked on that thee with that woman's husband and sons for hours. I watched him work along side them, lead them and instruct them how to do everything safely. The most impressive sight was when he dropped the branch inches away from the roof gable and missing both ladders. Then when they finished the woman and her husband offered him money but he refused it. He even ordered pizza and paid for it because he said that the woman's youngest son (9 years old)was the best helper he ever had. He did all this stuff with out me promoting him or even asking him. So I know he had a good heart, and I feel infinitely blessed that he is this way. It is just frustrating when he acts out in such a way like he is trying to convince others he is a bad guy.
It is also small things too that I see his goodness shine through his jackassery. Like in the back of his truck he always carries around an unlocking airwedge. He says it is just in case of lockouts. I use to tease him that if he was locked out wouldn't the wedge be locked in? And he would just laugh. So obviously he carries that thing around so he can help total strangers, and I have seen him do it. He always claims that he can make a lot of money doing unlocks but he always conviently "forgets" to ask for money. And that he will remember next time.
I thinkthat the goodness is an integral part of him. It is just a shame that he is currently wanting people to think he is "bad".

Luke 6:43
“No good tree bears bad fruit, nor does a bad tree bear good fruit.

 

[Avniel]

Turn him in. Saying in wedding vows that you'll "honor and obey" your husband doesn't mean you should just stand by while he does illegal things.

Turn her husband in?

 

[Avniel]

My husband "Natalie Hollowayed" the boot (his words )after the police made their initial visit. When deputies returned with a search warrant a few days later they couldn't find anything. And church discipline won't work because my husband already rejected the church. He and he made it very clear he wasn't ever going back or reconciling with them. He even put in a stop payment on the very last offering check we gave.

He's not bad guy he's just a little petty. Telling on a grown man doesn't really do anything. If you call the police you're going to suffer as well. I think you should have an honest conversation with him about his behavior. It sounds like something happened and he's hurt due to it.