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CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 23398
Experience:  9+ years defending Misdemeanor and Felony cases.
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I just found out that I might be goingto trial for a felony

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I just found out that I might be goingto trial for a felony E for violating an order of protection. I originally pleaded not guilty. They are alleging that when I was inpatient in a Psychiatric ward I made 20 calls from a pay phone to my ex-husbands work phone and 2 were made after I received the order of protection. Cant my lawyer argue technically that the calls were made from a pay phone and there were 50 other patients there so they would have to prove I made the calls. Would they call in a voice expert.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good morning. I certainly understand the situation and your concern. Until you were served with the order of protection and placed on notice as to the effects of it, you could not likely be liable and accountable for 18 of the phone calls. As such, only the two calls that were made after you were served, would be at issue. The burden is on the State to prove you were the person who made the calls and in a case like this, they could likely use circumstantial evidence such as the fact that you were at the Ward and the fact that nobody else would or should have known the phone number of your ex husband. They could also obtain any voice recordings and use those, if you identified yourself in them. An argument could always be made at trial that the calls were made by someone else, since the phone is accessible to all patients and that there is no way of tracing the number directly to you. While the argument could be made, it is up to the jury to decide, if they are going to believe his argument or that of the State paired with the testimony of your ex, who claims he received them and recognized your voice, on the other end.

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Customer: replied 3 years ago.

and the nature of the 2 calls made after he order was served doesn't matter I assume. they could be very apologetic non harassing calls but because he alleges that they were made after the order was served then I assume that that still constitutes a felony in the eyes of the law

That is correct. It does not matter since the order prevent any contact from being made. There is nothing stated within that says certainly calls are allowed and other are prohibited.
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