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The history and meanings of various legal words used in today's legal industry
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President's Editorial I was approached by the assistant district attorney in this case shortly after the incident. I was told that he had reviewed several statutes concerning assault and authorized use of self defense. He asked for my professional opinion regarding conduct becoming a process server. I explained that as an officer of the court we are held accountable and responsible to not only the judicial system, but the public as a whole. We are not the judge, nor jury and the use of self defense depends largely in part on officer discretion at the heat of the moment. I also added, that as for me and the training my agents receive, they are not to be confrontational, judgmental, cavalier, condescending, or obtrusive in any shape, form, or fashion. If the situation STARTS to become confrontational or argumentative, just shut up and leave. Under no circumstance is there any call for loud, obnoxious behavior much less the need to become combative. The only way I or my agents would and can justify the use of self defense is when there is an immediate need to keep someone from harming yourself or someone else. By that, I mean immediate, intentional and deliberate means of attempting to do bodily harm. It is a hard call I know, but as a trained professional you can decipher the difference between someone just venting and being obnoxious to the point of yelling verbal threats, to the opposite extreme, when someone is actually and physically coming at you with malice and intent to do bodily harm. I informed the prosecutor that in all the years that I have been performing my official duties I have never had the necessary reason to raise my hands in self defense, much less even touch someone. I added, it is a matter of professional respect given to the individual. Treat them like you wish to be treated, most often if not always, they will respond likewise, even if they're mad at you for being the deliverer of bad news. -end As for this incident I imagine it is partly the act of an over zealous process server tired of attempts and just wanted to collect on their pay check for time spent. Most likely frustrated and exhausted with the results thus far with this situation. This is never a valid option. Yes, there are times where people will intentionally and deliberately try to either avoid service, lie to you or give false and misleading information about the person you are seeking. A confrontation for a $15 serve is never justifiable, unless there is an actual reason to do so. One thing I noticed and may point out here, and you might have as well is the contradictions contained in the police statement. Both the alleged defendant and the witness claim the server served the alleged defendant, assaulted the alleged defendant, then drove away (HERE IS THE KEY PART - leaving tire tracks on the documents). This leads credibility to their statements and allegations as to the sequence of events. Another point is that in the statement the server claims to have (RETURNED TO THE DEFENDANT'S DOOR). This in my opinion would constitute a deliberate and intentional act of aggression. However, here I may point out, can not be corroborated not to mention substantiated. Again, (THE TIRE MARKS) as evidence, so then where did the marks come from if you took them back to the door, then left? When we (Epiffany) serve, once service is completed (by that I mean in hand personally, substituted as allowed by statute, or even at the point of refusal), then by definition service is completed. You have officially discharged your duties and there is nothing else you need to perform. You can not justify going back to the door after picking up the documents (you just negated service the second you touched them again) nor should you do so. Leave them where they lie. Once the document has left your hand (regardless of the situation) at that very moment it becomes the property of the person you are serving. Another point is the fact that the alleged defendant tried to allow inspection of his identity card and show proof of identification. A person willing and offering to identify them self is always a plus for the server. I train my agents to command to have identification produced (on the obstinate ones) or we will have to assume you are the intended individual we are seeking. Most would agree with me here, If it were me being served, I would be pulling out my checkbook, credit cards, electricity bill, driver's license or anything else I could use to prove you got the wrong person. This individual offered to show proof.........then by all means honor his wish, grant him respect, and inspect his id card. If a person refuses to comply then that is their problem. As for drop serving (service by refusal) again, it is officer discretion at that point to either leave or afterwards allow the person to prove their identity. If a person is successful at proving their identity, then and only then is it permissible to return and retrieve the documents (un-serve). No harm, no foul and you both leave the situation on good and mutually respectful terms. Based solely on the information contained in the police report, as I did not attend the trial nor review the transcripts of same, in my personal professional opinion I would have to agree and coincide with the verdict and final disposition by the judge in this matter. The server was culpable and responsible for there action regarding these violations. Their statement carried very little merit. By no means am I implying the server lied I am only providing my professional constructive criticism and observations regarding this issue. |
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