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lwpat
lwpat, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 25384
Experience:  Practicing criminal defense attorney
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I was charged with excessive ringing, calling on the phone

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I was charged with excessive ringing, calling on the phone by an ex husband. The day he states I called him he initiated contact with me. My daughter lives with him, out of the blue he sends me texts to not contact any of his phones. I send a text back saying that I will continue to contact the minor child and that was the end of the contact until he began texting me again. I sent him answers to his txts saying for him to stop contacting me.I finally had to get a protective order against him, he was getting into my car in public places, stalking my 12 yo son. Do I have anything to worry about? The only reason I did not press charges against him for phone harrassment is I am tired of going to court.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  lwpat replied 1 year ago.
Thanks for using JA. I will do my best to answer your questions. DON’T FORGET, your deposit is not used to compensate me until you rate my service.

Have you actually been arrested? If so what is the statute number on the warrant?
Customer: replied 1 year ago.

i was not arrested. the police called and I went to the station. states violation of 18.2-429


 

Expert:  lwpat replied 1 year ago.
I assume that you have been charged with 18.2-429 and have a court date, is that correct?
Customer: replied 1 year ago.

The allegation was made, all I did was go to the police station and they handed me the paperwork with the court date. His allegations specifically are not there. I have to go to the courthouse to get a copy of that. Court date is for 1/30/13.

Expert:  lwpat replied 1 year ago.
Then technically you were arrested. Your court date is an arraignment where you enter a plea. In your case it appears that you would want to enter a plea of not guilty and ask for a jury trial. Here is the code

Va. Code Ann. § 18.2-429 (2009)

§ 18.2-429. Causing telephone to ring with intent to annoy

Any person who, with or without intent to communicate but with intent to annoy any other person, causes any telephone or digital pager, not his own, to ring or to otherwise signal, and any person who permits or condones the use of any telephone under his control for such purpose shall be guilty of a Class 3 misdemeanor.

Any person who, with or without intent to converse, but with intent to annoy, harass, hinder or delay emergency personnel in the performance of their duties as such, causes a telephone to ring, which is owned or leased for the purpose of receiving emergency calls by a public or private entity providing fire, police or emergency medical service, and any person who knowingly permits the use of a telephone under his control for such purpose, shall be guilty of a Class 1 misdemeanor.

the penalty is a fine up to 500.00

My guess is that if you plead not guilty and ask for a jury trial they will eventually dismiss the case.
Customer: replied 1 year ago.

I have hundreds of texts from him where my only response is stop texting me. Would it be a good idea to also have him arrested? I certainly can prove beyond a shadow of a doubt that he has harassed me, my father, my uncle and my roommate They will all come to court to testify about how many times they have asked him to stop contacting him. Until I filed for a protective order, which I got for 6 months, he was still continuing to pursue all of us....even my neighbor he harassed. I hate to waste my time going back and forth to court, now that i have the protective order, he has to stay away. Problem is solved as far as I am concerned but I guess the question is, would it work out in my favor to also have him arrested? I am certain I can have him arrested. Just would like this to be thrown out, I am tired of being harassed.


 

Expert:  lwpat replied 1 year ago.
I understand your situation but this is a general answer website. I cannot tell you what to do or not do, especially as to having someone arrested. You can certainly file charges if you wish. I can't speculate whether this will make things better or worse. You may want to take your order of protection to court to show the prosecutor.
lwpat, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 25384
Experience: Practicing criminal defense attorney
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