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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27011
Experience:  Handle criminal matters in both state and federal courts.
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I was charged with my first felony of terroristic threats my

Customer Question

I was charged with my first felony of terroristic threats my court date is tomorrow and I am very nervous about going to prison. I found out that in the police report there was no individual or witness that claims I threatened them directly. I was at a racetrack and while off my meds engaged a random argument when I blirted out i'll blow this mf up. The employees of the store inside who were nowhere near the argument called the police after being told I was outside making threats. Can I be charged with this level of offense eventhough my public defenders told me there is no one in the report that stated their fear from my threat.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Samuel II replied 1 year ago.

Hello

This is Samuel and thank you for requesting I provide you information in this regard

I 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.

Expert:  Samuel II replied 1 year ago.

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

Expert:  Samuel II replied 1 year ago.

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

Expert:  Samuel II replied 1 year ago.

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.

Expert:  Samuel II replied 1 year ago.

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.

Customer: replied 1 year ago.
Thank you this was very helpful.
Expert:  Samuel II replied 1 year ago.

You're welcome. Thanking you in advance for a positive rating and good luck with everything

Customer: replied 1 year ago.
Someone heard me say ill blow this mf up and told the people inside the racetrac..that was on the police report does that constitute enough evidence for terroristic threat. And also are public defenders allowed to tell me they will try for a lesser charge if they are not
Expert:  Samuel II replied 1 year ago.

Hello

Again, 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

Expert:  Samuel II replied 1 year ago.

But if they are not doing that, they should not be telling you they are

Expert:  Samuel II replied 1 year ago.

They cannot lie to you. That is unethical. They should be keeping you in the loop about all efforts in your best interests

Customer: replied 1 year ago.
My public defender said that i had nothing on me to blow anything up and that with no victim on the police report i made an empty threat what does that mean in court
Expert:  Samuel II replied 1 year ago.

That means there is no evidence and again the Prosecutor must prove beyond a reasonable doubt. Hard to do when there is no evidence.

Expert:  Samuel II replied 1 year ago.

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.

Customer: replied 1 year ago.
How was it possible for me to be arrested and charged with felony terroristic threats with no victim in the police report
Expert:  Samuel II replied 1 year ago.

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.

Expert:  Samuel II replied 1 year ago.

Thus, it does not appear the Prosecution has such a case, based on the facts you have presented here.

Customer: replied 1 year ago.
I am being charged with terroristic threats on a felony level this appears to be terroristic acts defined what would the state need to prove i committed terroristic threats
Expert:  Samuel II replied 1 year ago.

Yes. And that law is the felony if convicted. And the state would need to prove what is listed in the Statute.
That you

1 - 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; OR

3 - Used a burning or flaming cross or other burning or flaming symbol or flambeau with the intent to terrorize another or another's household

I 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

Customer: replied 1 year ago.
Since there was noone in the police report of my terroristic threat charge would the state be able to produce an individual at my court date for rhe sake of getting a conviction my public defenders told me they would have to produce a victim could the individual who called the police be used in court
Expert:  Samuel II replied 1 year ago.

Hello

Thank 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 Law

Good Luck today.