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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 22511
Experience:  Handle criminal matters in both state and federal courts.
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i was arrested for terroristic threats on an officer. My court

Customer Question

i was arrested for terroristic threats on an officer. My court date is next week and i am very nervous. I have never been in trouble before and so this worries me extremely. When being arrested for Public intoxication, the officer came out of no where calling me a cop killer. I dont know where he got that from and i even went on to telling him i wasnt and he said thats not what u said. the person i was arrested with at the time also does not recall me saying that. I want to know what punishments i face or if it will get thrown out. I am also in the military if that means anything.
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Samuel II replied 6 years ago.

hi

 

i am providing the TX Code on your charge. you will need to file an appearance pro se if you want to discuss this matter with the DA. or you can secure a local lawyer to assist you and see if the charge can be reduced to an assault of the lowest degree and if this is a first offense and you are in the military there could be someway that a diversion sentence could be imposed - of course the best scenario would be to have the charges totally dismissed. again, a lawyer in your area would be most helpful in accomplishing that and the DA does not have to talk to you unless you are filing an appearance in the court to represent yourself. then they will talk to you as if you were a lawyer representing a client. this shoudl be done in the court where you hearing is to be held. the clerk can provide the form - good luck

 

22.07. TERRORISTIC[0] THREAT[0]. (a) A person commits an
offense if he threatens to commit any offense involving violence to
any person or property with intent to:
(1) cause a reaction of any type to his threat[0] by an
official or volunteer agency organized to deal with emergencies;
(2) place any person in fear of imminent serious
bodily injury;
(3) prevent or interrupt the occupation or use of a
building, room, place of assembly, place to which the public has
access, place of employment or occupation, aircraft, automobile, or
other form of conveyance, or other public place;
(4) cause impairment or interruption of public
communications, public transportation, public water, gas, or power
supply or other public service;
(5) place the public or a substantial group of the
public in fear of serious bodily injury; or
(6) influence the conduct or activities of a branch or
agency of the federal government, the state, or a political
subdivision of the state.
(b) An offense under Subsection (a)(1) is a Class B
misdemeanor.
(c) An offense under Subsection (a)(2) is a Class B
misdemeanor, except that the offense is a Class A misdemeanor if the
offense:
(1) is committed against a member of the person's
family or household or otherwise constitutes family violence; or
(2) is committed against a public servant.
(d) An offense under Subsection (a)(3) is a Class A
misdemeanor, unless the actor causes pecuniary loss of $1,500 or
more to the owner of the building, room, place, or conveyance, in
which event the offense is a state jail felony.
(e) An offense under Subsection (a)(4), (a)(5), or (a)(6) is
a felony of the third degree.
(f) In this section:
(1) "Family" has the meaning assigned by Section
71.003, Family Code.
(2) "Family violence" has the meaning assigned by
Section 71.004, Family Code.
(3) "Household" has the meaning assigned by Section
71.005, Family Code.
(g) For purposes of Subsection (d), the amount of pecuniary
loss is the amount of economic loss suffered by the owner of the
building, room, place, or conveyance as a result of the prevention
or interruption of the occupation or use of the building, room,
place, or conveyance.

Customer: replied 6 years ago.
does the officer need to be there the day of my court date? and if he isnt will my case be thrown out??
Expert:  Samuel II replied 6 years ago.

hi

 

yes. the state would need the officer's testimony to prosecute it's case. if the officer does not appear then you could motion for a dismissal because the state lacks evidence.

Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 22511
Experience: Handle criminal matters in both state and federal courts.
Samuel II and 7 other Criminal Law Specialists are ready to help you
Customer: replied 6 years ago.
Sorry but i have an update

i recetly got another court summons in the mail this time for disorderly conduct-abusive language. My question is, how is this possible, like how do i keep getting brought up on more charges after the event took place. My arrest sheet didnt have any disorderly conduct on it, just the terroristic threat and the public intoxication. Is there anyways they could use the terroristic threats to charge me with this offense? Is there anyway they dropeed the terroristic threats charge and went with a disorderly conduct? Or would i have been notified of such a thing. Is there anyways that this could be a double jeapordy?.

thanks in advance
Expert:  Samuel II replied 6 years ago.

hi

 

sometimes, they will "load up" on the charges. it is possible that they did that with this new charge from the same incident, which they can do until the statute of limitations runs out - they might have done this because they dont feel they have the evidence for the other charges, so they will offer you a plea on the lesser ones. this is something you will need to decided on what to do - go to trial on the terroristic threats because PERHAPS they dont have the evidence or take the plea on the lesser charges. Or go to court on the terroristic threats and the lesser charges and they dont get a conviction on anything but the lesser charge, which could get you jail time. a good plea agreement on the lesser charges would of course be no jail time and some probation or a diverted adjudication - if you complete the probation period no record.

Customer: replied 6 years ago.
well for class c misdemeanors in texas are jus fines no jail time, but i have 3 charges withXXXXXdates. So how would it be possible to combine them. I mean i was publically intoxicated so i dont believe in fighting that one so much. What i am confused about is how come they didnt charge me with that in the first place. And lets say i do take the fine on the disorderly conduct would that throw out the terroristic threat? Im asking this because when i looked up disorderly conduct-abusive language, it said any threat of physical harm is considered one. Then would that be double jeapardy?
Expert:  Samuel II replied 6 years ago.

hi

 

first, nothing is double jeopardy until there has been a disposition in a matter - so you would need to go to court on, let's say, the terroristic threats and be found not guilty and then have the DA charge you on the same terroristic threats to be double jeopardy. if you have different court dates, try to contact the DA and see what is going on - why they have filed in this matter and try to get thing consolidated. i suspect, as i have stated, they do not have the evidence for the terroristic threats and are looking to dismiss that - if you take a plea. have you discussed this with a local lawyer?

Customer: replied 6 years ago.
i just contacted my lawyer today and he said that this didnt sound right. I have to fax the document tomorrow to him. He was the one that mentioned if we took a plea or payed the fine on the disorderly conduct that it would be double jeapardy if they tried to pursue the terroristic threats. I did not know they could combine the three charges, i will ask about that. Is there anyway that i could be charged with all three, like i do not recall ever cursing the cops out, but i do recall cursing when describing the matter, but not in a threating way. Funny thing is my roomate was arrested with me and was cursing way more than me and at the cops and does not have any charge other than the Public intoxication. But what bothers me is i was only charged with the first two and then later the other. Does that mean they reviewed it and didnt see enough for the terroristic threat or did they review and found more charges? I mean why not charge me with all three to begin with, why tack on more later... im sorry if im dwelling but you are talking to someone that two weeks ago had never been in trouble before and so all of this worries me.
Expert:  Samuel II replied 6 years ago.

hi

 

well, perhaps your lawyer was in a hurry and forgot to say that if they TRIED you and you had an adjudication on the TT then it would be double jeopardy. that is the only way that could happen. listen beans, they can charge you with murder if they want to - they can charge you with whatever they want up until the statute of limitations runs out on them filing charges which is 1 year on a misdemeanor and 3 to 5 years on felonies. they can charge you all they want - having the evidence to get a conviction is what counts. we can speculate here all day - and i dont know that i can tell you anything more or different. the charges are legitimate and it is a stradegy or tactic to get you to plea so they dont have to waste time in court

Customer: replied 6 years ago.
ok maybe i should have re-worded my statement. In most cases do they do that, were they charge with two things and then later on add more stuff? I mean in your past history have you seen that before. I mean especially in such a smaller case like this. Im sorry i know i have ventured off into one of those grey areas with my questions. I just did not think i could continue to get more things added on. I thought the two was all i was facing and just curious as to why they would add on more after the fact, unless they plan to do what you said about the terroristic threats. Is there anyway my lawyer could contact the DA and figure out why this new charge was brought up, before the court date.
Expert:  Samuel II replied 6 years ago.

hi

 

your lawyer can call the DA on your behalf anytime, once he has entered his appearance. now, if he is waiting some kind of payment from you before he does that then the DA will not talk to him. most attorneys in criminal matters want payment up front or at least a large portion. anyway, yes. i have seen additional charges filed. i have seen charges acquitted and then the state coming back and filing a related charge. yes, yes. it is allowable. it is legal.

Customer: replied 6 years ago.
ok sorry one more quetion:

so if they dont think they have enough to go through with the terroristic threats why not jus drop the charge. Do they ever do that. Like review the information and realize there is not enough/any proof and instead of going through with it just drop it. Or do they always take it to a hearing or what not and then allow the case to be brought. It just doesnt make sense to waste all the time and effort for nothing. And do you really think they were "stacking" because one of the charges wasnt backed with enough proof?

sorry again, you have been more than helpful
Expert:  Samuel II replied 6 years ago.

hi

 

sometimes, they do drop all charges. it depends on how "bad" or "criminal" they think the act was - it all depends - and since you dont remember anything, that is hard to say just how bad they might think it is - as to whether it is worth them coming after you tooth and nail.

Customer: replied 6 years ago.
no im not asking if they drop them at all, what im asking is in those instances where they dont think they have enough for one of the charges do they drop it before you go to court . Like to me it jus seems like a waste of time for them to go to court on something where they dont have enough to prosecute. Or do they usually wait until court to actually drop the charge. Like would they ever call me or send me a letter before court saying the charge was dropped or is that something that is done in person. I do remember most of what happened that night, what i dont remember is actually sayin i was "a cop killer", but i do remember what happened before and after the alligations were started.
Expert:  Samuel II replied 6 years ago.

hi

 

oh. sometimes, a lawyer can negoiate a dismissal, after discovery, etc and they see there is no evidence, witnesses, etc.

Customer: replied 6 years ago.
Update

so my lawyer was sayin that he didnt think that the charge was added on due to the fact that there was not enough evidence for the terroristic threats. He said he believed that it was just filed after the fact, like as in the cop went and filed it later on. He also said that if we take a conviction on the disorderly conduct, we can make the arguement that i have already been punished for the terroristic threat with the disorderly conduct case. Like he was sayin im being charged with with a lesser crime that also could include the threat, that it could possibly suffice a judge to throw the terroristic threat out. Does that make any sense..

He explained it as " if he was arrested for stealing a 2,000 tv, and also charged with a misdemeanor for the 70 dollar cord attached to it, if he plead guilty to the misdemeanor that then when faces with the felony for the tv, he could argue that hes already been punished on it...

does this make sense?
Expert:  Samuel II replied 6 years ago.

hi

 

i thought that is what i had been saying to you all along. there will probably be a plea offer to you on the lesser charges -

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