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Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 89089
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I have a question in regards XXXXX XXXXX that is claiming to

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I have a question in regards XXXXX XXXXX that is claiming to me that he has the power to charge me with a misdemeanor because I called my kids elementary school to make an official complaint annonmously because the matter was regarding that my husband was cheating with one of the staff members that work in the school office. Since I feared that my kids would be put in a hositle enviorment or there might be retaliation and conflict of interest because of my complaint to the school I chose to remain annonymous. When i made the phone call I did not make any threats and the detective admits this becuz he claims the school has recordings for all the phone calls. I told him he should go back and listen to it because i clearly stated that the reason why i chose to remain anonymous. However, he claims that he can charge me with a misdemeanor for remaining anonymous and creating turmoil or concern to the school staff and the childrens well being. He told me if i didnt meet him this Monday then he had warrants already with the phone numbers i called and he would know who i am either way. There are more details to this but i wanted to see who could help me first
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your situation. Can you please tell me:

1) What exactly was stated in this anonymous call for you (summarize)?

2) What are you asking here - whether or not the detective truly can charge you, or, something else?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.


This is what happened. For some time at the elemantery school where my kids attend. I would notice my husband would drool over one of the office staff at the school. I tried to ignore it. One day i got home early and my husband didnt know that I was home and i heard his wonderful conversation he was having with his mistress. i heard enough details to basically know he was cheating. At that moment i was devastated and i kept asking who it was and he would tell me then i told him was it that lady at the school you are always drooling about and he told me yes it was her.


 


After knowing this, i decided i wanted to talk to this staff member. I called her in may of this year. wheni called and told her i need to discuss with hersomething important regarding her and husbnad she would hang up on me. I had to call back at least 8 times finally she didnt hang up and i told her that I needed to talk to you about a private matter and i have been trying to reach you at home becuz i felt maybe it was not apporiate to talk about this over the phone at the shcool. So she told me go ahead and call her home. So i called that night told her why she was cheating with my husband and she kept claiming i was wrong. I told her that i know the truth and then I told her i would complain the the school about her conduct and she said go ahead and tell the principal I already told her about this. i said this not appropriate behavior. I left it that. I was hurt and upset. My husband finally moved out. I decided to call the school a month ago to speak with anyone other than her and the principal or her becuz she made it seem as they have friendship and i felt i twas biased.


 


I called he school spoke to a woman by the name of tracey told her i would liek to make an anonymous complaint and i cant do it with the principal becuz the person i am complaining about made it seem as the thought principal would be biased. Tracy asked me for my name and I told her I cannot tell you my name becuz i feel that it would create a hostile enviorment or that my children would be treated wrong or that there would retaliation. I also told her the whole story that her staff member that works in the office of the school was having an affair with my husband and I was told by other moms that she is very flirtasious. Tracy insisted that i come in to speak with the principal and once again i reiterated that i feared it would affect my kids well being. I told her i would reconsider it.


 


After that i left it at that and i felt hurt that this woman destroyed my life so 2 weeks ago i called her home and i told her why did you do this. why do you continue to see my husband and she told me i was crazy. then i told her how would you feel if was cheating with your husband and she said he would never do this. he would never be with someone like you. i said well what if i told you its tool late.


 


Then i decided with my friend that the shchool will not do anything about this woman so i was going to teach her a little lesson.


 


my friend found all of her husbnads info. his cell phone where he works and we would call his number and hoping she would think why is his cell suddenly exploding and hoping she would answer. well she did and when she did i pretened to be his lover and she passed the phone to him and i said to him "why would you do that" and hung up. i left some fake text messages and vmails making it seem i was with him. liek why are you doing this to me i love you and so forth.


 


but no threats at all.


 


i no its wrong to get back at someone but she destroyed my life. i felt that now she would learn her lesson. Then her husband leaves a message saying that i destroyed his life and he would look for and for my kids. he said she lost his family and if I had proof if we were together.


 


then i freaked out and was scared. I called my husband that ia m separated from and i told him what happened and asked him are you sure she was the one. since he realized i was being threatened he told me that the lady at the school was not the one. I felt so bad. i couldnt believe it. He allowed me to accuse someone else. I believe he lied to me and used the school lady as a decoy so i wouldnt try to find out who is real mistress.


 


I felt bad and called 3 days ago to apologize to the shcool and specifically to her. I told her husband left me a threatening message and I dont blame him i was trying to teach you a lesson becuz of what she did to me. I told her i was sorry a million times i think i told her and the prinicipal the whole stroy that my husband lied and used her staff memeber as a decoy. I cried and told her it was hard for me and she told me she could help me but they needed to know who i was and i told her I dont feel safe becuz now the staffmembers husband is really upset and will get me and my kids so she told me that they filed a police report and I was liek What? I never made a threat and she said herself that she knows that I never made a threat either. However, maybe i can call the detective on the case and he can help you too. I told her why would i call him if you put a police report on me and i am only a parent calling to make a complaint. i made no threats. I told her you want me to call him becuz he will do somehting to me like charge me with somehting when i did nothing. then she said no he just wants to help and it would behelpful if you can explain the story to him.


 


so in good faith to show my sincere apology and becuz i trusted the principal i called him and he told me that he is aware i never made any threats. they have all the recorded phone calls but that he needed to konw who i was becuz if he didnt he has the power to chose the case with nothing and the power to charge me with callin anonymously and causing i think he used the work havoc with the staff members. he meant basically that i made the staff worried that i might do something and concerned becuz they crazy people doing crazy stuff at schools and I told him that i know that and why would i somehting like that. i told him my kids attend the shcool. Then he told me you will see me on Monday at a location you like and you will tell me who you are if not i will charge you with a misdemeanor for callling anonymous and creating some word he said i dont remember but i know it meant that i basically made the staff worried or scared that i might do something.but i kept telling him i made no threat and that if he checked the recordings he could see that i explain why i chose to remain anonymous. for the safety of my kids and me. someone at shcool coudl retatliate agianst my kids and now i have the husband that is upset with me becuz i was trying to teach him a lesson. he told me if i didnt see him that he already had warrants on the phone numbers i called in with and that he would find out who i was.

Expert:  Ely replied 1 year ago.
Thank you for your clarification and again, I am sorry for your situation.

OVERVIEW
First of all, allow me to explain how this works:
1. The police investigate after a complaint, which involves interviewing all parties involved;
2. The police make a file of the case, along with a recommendation as to whether or not to charge;
3. The file gets handed to the District Attorney who makes the final decision as to whether or not to charge;
4. If you are charged, you may be arrested or summoned to Court.
5. If at step 1, you make a confession or something tantamount to one, you may be arrested then and there, and then the D.A. will file charges.

POLICE CAN LIE
The police can lie to you to emit a confession, or twist your words. So going to talk to them without counsel is a bad idea. See here (look at it later when you have about 45 minutes).

The police can also charge you only if they feel that they have prima facie (on the face) evidence of guilt. So they do not have to be able to prove the case to charge you. This matter falls to the D.A. By the numerous telephone calls you made, this may fall under this category.

YOUR ACTIONS AND CAN THEY CHARGE YOU?
Calling anonymously is not illegal. However, calling 8 times in a row and/or more times later (even if to apologize) may be basis enough for STALKING, which is illegal. STALKING includes harassment. Harassing means to engage in a knowing and willful "course of conduct" directed at a specific person that seriously alarms, annoys, torments, or terrorizes the person. Harassment serves no legitimate purpose. A "course of conduct" means two or more acts occurring over a period of time...however short...that demonstrate a continuous purpose. California Penal Code 646.9 PC.

Of course the final decision of whether one is guilty or not is left to the Court/jury. However, by calling 8 times, you may have gotten them spooked enough to call the police. And who knows what they told them? They may have told them that you threatened her. We do not know.

At this time, someone in your situation wants to GET AN ATTORNEY and respond to the request by the police to meet, or, to issue a statement. One does not have to meet with the police, but at the same time, if they do not, the police may be more suspicious. Responding to the police with an attorney allows you to give your version of the story and not seem like you have anything to hide.

I hope this helps and clarifies. Good luck.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Customer: replied 1 year ago.


i never called the school more than 8 times in a row.

Expert:  Ely replied 1 year ago.
Hello friend,

I know you did not. I am not accusing you of this. But the person that filed the complaint may have stated otherwise, and/or they may have exaggerated the complaint to include the false statement that you have threatened them, to peak police interest.

It would be best to explain - via attorney - that this was not true and all your calls were measured, cool, calm, collected, and not harassing.

If the detective is satisfied that the complaint was exaggerated, this matter may simply then be dismissed by them.

Gentle Reminder: Again, surely you prefer that I be honest in my answer – please remember that rating negatively due to receiving bad news still hurts the expert – it is simply the way that the system is set up. Please use REPLY button to keep chatting, or RATE my answer when we are finished. (You may always ask follow ups free after rating.)
Customer: replied 1 year ago.


any suggestions to get a lawyer that is affordable becuz my financial situation is bad. i have no idea how much something like that would cost


 

Expert:  Ely replied 1 year ago.
Sure.

For representation before the police only, about $500 to $2,500, depending on attorney.

May I recommend the CA Bar referral program - here. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP.

If finances are an issue, I can recommend really one resource for criminal law. You may call your local law school and see if they have a legal clinic place available. The legal clinic is a free service the school(s) provide to the community. While they are often overbooked, they have openings sometimes. Here is the list law schools in your state:

http://www.hg.org/law-schools-california.asp

Good luck.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Customer: replied 1 year ago.


However i want to remain anonymous for my safety and kids. is there any way a lawyer can send a notice to them

Expert:  Ely replied 1 year ago.
Friend,

At this point, I highly doubt you are truly anonymous. If there was anything going on between your husband and that woman, she would have figured out who you were.

At this point, IF THE POLICE ASK YOU TO MAKE A STATEMENT (they would find you), it would be best to reply, and of course this would not be anonymous.

As for talking with the school administrators, it would be best to simply cease doing so, because one is simply giving them more ammunition for complaint and for the authorities to build a possible case against you. And if any notice/letter is sent by an attorney from you, even anonymously (if that is what you mean), they'd know who it was since they would put the pieces together.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Customer: replied 1 year ago.


can they really do something to me i never made a threat. how can this be. i made a complaint. that is all.

Expert:  Ely replied 1 year ago.
Friend,

Recall our earlier conversation:

"...[T]he person that filed the complaint may have stated otherwise, and/or they may have exaggerated the complaint to include the false statement that you have threatened them, to peak police interest.

"It would be best to explain - via attorney - that this was not true and all your calls were measured, cool, calm, collected, and not harassing.

"If the detective is satisfied that the complaint was exaggerated, this matter may simply then be dismissed by them."

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Customer: replied 1 year ago.


Dismissed by the police or the school? The school told me that nothing was going to be done to me. that is why i called. i called in good faith. even the principal told me they are aware that i never made any threats to them. i do not want to reveal who i am becuz i feel threatened by her husband and for my kids sake. dont i have a right to remain anonoymous. my other questions is he said its confidential but he will tell the school who i am correct?

Expert:  Ely replied 1 year ago.
Friend,

Dismissed by the police or the school?

The police.

The school told me that nothing was going to be done to me. that is why i called.

The school does not make that decision; the police does. If/once the school makes a complaint, the police takes over. They decide whether or not you are charged along with the prosecutor. Also, the school may be goading you into a trap.

i called in good faith. even the principal told me they are aware that i never made any threats to them. i do not want to reveal who i am becuz i feel threatened by her husband and for my kids sake.

At this time, you may wish to stop calling the school!

dont i have a right to remain anonoymous.

NO, there is no "right to anonymity" if if the school feels threatened by numerous calls they can go to the authorities which it looks like they may have. Individuals in your situation may wish to consider stopping the calls.

my other questions is he said its confidential but he will tell the school who i am correct?

Nothing you state to the school or the police detective is confidential. The school does not owe you that duty, and the police are ALLOWED TO LIE TO YOU to get you to confess and or state things that may be used against you. That is why one needs an attorney when dealing with the police. Please be careful.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Customer: replied 1 year ago.

can you please give me the info for a lawyer. i cant afford 2500 dollars. the most i have si maybe 300. i am scared and dont know what to do. I never threatened anyone.


 

Customer: replied 1 year ago.

can you please give me the info for a lawyer. i cant afford 2500 dollars. the most i have si maybe 300. i am scared and dont know what to do. I never threatened anyone.


 

Expert:  Ely replied 1 year ago.
Hello, sure - here is my original answer:

If finances are an issue, I can recommend really one resource for criminal law. You may call your local law school and see if they have a legal clinic place available. The legal clinic is a free service the school(s) provide to the community. While they are often overbooked, they have openings sometimes. Here is the list law schools in your state:

http://www.hg.org/law-schools-california.asp


Do not worry. You may be catastrophizing. See here. You imagine a worst case scenario and begin to see it as coming true. Not so.

Hopefully, a few months from now, this will all seem like simply a bad dream.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Customer: replied 1 year ago.


thank you for that information. but if i have no choice and i have to see this detective can he take me to jail if she meets me. he wanted to meet me anywhere i choose he told me i didnt have to tell him who i was. are there any suggestions that i should say or not say. all he kept asking is for me to say who i am. and his threat was if dont tell him then he will charge me with a misdemeanor


 

Expert:  Ely replied 1 year ago.

he wanted to meet me anywhere i choose he told me i didnt have to tell him who i was

He already knows who you are! No doubt the woman you contacted pieced together your identity and the school complained, and the police no doubt know who you are. Again, the police can LIE TO YOU, and he is stating meet me anywhere as a means to calm you down and let you have your guard down so you may incriminate yourself.

If they wanted to arrest you, they would have arrested you by now. They know who you are.

are there any suggestions that i should say or not say.

Please see here. We have already covered this part. It is best not to communicate without counsel, and if one must, it is best to give clear and short answers. The video is very explanatory.

all he kept asking is for me to say who i am.

Oh... well then perhaps he may not know, but he soon will. If he does not, then I would not meet with him without counsel.

They can always track down your identity using what you've told the woman and metadata from the telephone calls you make. Nothing you do online or via telephone is truly "private."

Customer: replied 1 year ago.

he told me i had to call him monday and meet him. i called a police department and presented my schenario to a community service officer. I told her everything and she told me that there is no penal code for remaining anonymous and if you made no threat this was no crime commited she was surprised the detective would talk to me this way.

Expert:  Ely replied 1 year ago.
Friend,

I feel as though we are going in circles at this time. I understand that you are nervous and you have a right to be. However, please understand that (1) police can lie to you and (2) tell you half-truths to get you to come in and talk.

You do not know what they know.
you do not know if they even they really know your identity.
You do not know if they have enough to charge you or not at this point.

But they are attempting to intimidate you. Someone in your situation may wish to get counsel and have them respond on your behalf. If you cannot afford it, you may wish to take out a payday loan - something - anything, and have an attorney do the talking for you.
Customer: replied 1 year ago.


Thank you so much for your help. I am sorry if I seem redundant. I am just so scared. Once again thank you for your help. i really appreciate it.

Expert:  Ely replied 1 year ago.
No worries at all! I totally understand. Forgive me for sounding "stern," but I simply wanted to make sure you knew that the police can mislead you.

You are very welcome. Good luck, and please don't forget to rate my answer in one of top three faces and then SUBMIT – it is the only way I get credit for my time with you – or, please REPLY to keep on chatting – I want you to be satisfied.
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 89089
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Ely
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