Criminal Law Questions? Ask a Criminal Lawyer.
HelloThis is Samuel and thank you for requesting I provide you information in this regardI suggest that if there are no direct witnesses to these alleged incidents, that the other people saying they were told this or that and that you were saying something threatening will not be enough. That is considered Hearsay and as such There is no evidence.
So while you can be charged, I suggest, you plead Not Guilty and have the Prosecutor produce first hand witnesses of the account that you are charged with
Tell your PD that you are not guilty. The state must prove the charge beyond a reasonable doubt that with no direct witnesses, there is only Hearsay and the matter should be dismissed
I suggest, that your PD should first try to have the matter dismissed. And I am not sure if they have enough evidence to even prove a disorderly. But let's say that the PD makes a deal with the prosecutor, and the prosecutor says ok, we will not go on the felony but I want misdemeanor then that may be the best you can hope for. Or you can take the matter to a jury trial and have the prosecutor produce the witnesses. That is your decision.
Please note that I can only provide information for what you ask. In that regard, if you have other questions or need clarification, please post them here. Otherwise, I appreciate your Positive Rating as that is how I get credit for my time and information.
You're welcome. Thanking you in advance for a positive rating and good luck with everything
HelloAgain, no. Not unless the person who says they heard you are present as a witness. Yes, it is the job of the PD or any defense attorney to discuss the charge and what they are doing to work in your best interest to get a charge dropped or reduced, etc
But if they are not doing that, they should not be telling you they are
They cannot lie to you. That is unethical. They should be keeping you in the loop about all efforts in your best interests
That means there is no evidence and again the Prosecutor must prove beyond a reasonable doubt. Hard to do when there is no evidence.
I can't tell you that because I cannot read the report. But the police should not charge without probable cause. But when they do, it is up to the Prosecutor to present evidence or dismiss the charges.
Here is a LINK to review the GA law And it states:No person shall be convicted under this subsection on the uncorroborated testimony of the party to whom the threat is communicated.(b) A person commits the offense of a terroristic act when:(1) He or she uses a burning or flaming cross or other burning or flaming symbol or flambeau with the intent to terrorize another or another's household;(2) While not in the commission of a lawful act, he or she shoots at or throws an object at a conveyance which is being operated or which is occupied by passengers; or(3) He or she releases any hazardous substance or any simulated hazardous substance under the guise of a hazardous substance for the purpose of terrorizing another or of causing the evacuation of a building, place of assembly, or facility of public transportation or otherwise causing serious public inconvenience or in reckless disregard of the risk of causing such terror or inconvenience.
Thus, it does not appear the Prosecution has such a case, based on the facts you have presented here.
Yes. And that law is the felony if convicted. And the state would need to prove what is listed in the Statute.That you1 - Released any hazardous substance or any simulated hazardous substance under the guise of a hazardous substance for the purpose of terrorizing another or of causing the evacuation of a building, place of assembly, or facility of public transportation or otherwise causing serious public inconvenience or in reckless disregard of the risk of causing such terror or inconvenience.
2- You shot shoots at or threw an object at a conveyance which is being operated or which is occupied by passengers; OR3 - Used a burning or flaming cross or other burning or flaming symbol or flambeau with the intent to terrorize another or another's householdI would appreciate a positive rating as that is how I get credit for my time and information. You can always return to this thread with more questions. Thank you
HelloThank you. No. They cannot just make up people. They must have a first hand witness who saw you doing any of the elements listed in the LawGood Luck today.