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Christopher B, Esq.
Christopher B, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 2677
Experience:  associate attorney
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My name is ***** *****. I just got a call from a cop that I

Customer Question

My name is ***** *****. I just got a call from a cop that I made harrassing phone calls. This is the second time. Can I be arrested for this? I had a warning before. I am leaving the country and did not threaten anyone. I never said I was going to hurt anyone. I said I was going to tell people about what someone did to me. and I called her names curse words that is it. Can I be arrested for this. The cop said if it happens again its a felony. He left a message I haven't talked with him yet
JA: Thanks. Can you give me any more details about your issue?
Customer: I was warned in January after I made a call telling off a woman that defrauded me. The law did nothing about it even though i tried for 7 months to get her in trouble for what she did I just told her off and that is all. Called her names.. I never made a single threat but I said I wouldn't call her again. I thought I was going to leave the country in January and I did something stupid and called her again. It was stupid. i didn't threaten her. I didn't. But the cop left a message saying if I did it again it's a felony. I haven't been able to get him on the phone. Can I be arrested now? After just two phone calls can she press charges I'm supposed to leave the country for a job and I can't believe I did this
JA: OK got it. Last thing — Criminal Lawyers generally expect a deposit of about $18 to help with your type of question (you only pay if satisfied). Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 9 months ago.
Category: Criminal Law
Expert:  Christopher B, Esq. replied 9 months ago.

What state are you from?

Customer: replied 9 months ago.
california
Customer: replied 9 months ago.
Hello? Are you there? So the cop left a message and he said he needed to talk to me. Is he going to have me arrested? Can they do that? or is he just giving me a warning by calling me?
Customer: replied 9 months ago.
I'm supposed to leave the country on the 24th of this month.
Expert:  Christopher B, Esq. replied 9 months ago.

I'm here, just saw your reply, i was working on a couple of questions. I will get an answer for you.

Customer: replied 9 months ago.
ok
Customer: replied 9 months ago.
I am 37 years old and have no criminal record
Customer: replied 9 months ago.
I also just wanted to pay for just this session but the site said I had to pay fifty dollars for a month...I don't know why.
Customer: replied 9 months ago.
god i am so scared right now. I'm not living in the place I used to so I don't know if the cops went there or not. I'm living with my best friend
Expert:  Christopher B, Esq. replied 9 months ago.

My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client realtionship.

Making a threat in a phone call or electronic communication is one of the ways you can violate Penal Code 653m. Because of this, defendants are sometimes charged with both the crime of making criminal threats and the crime of making annoying phone calls.

You can be prosecuted for criminal threats that are made verbally (including over the telephone), in writing, or in an electronic communication (like a text message). You can't be found guilty of Penal Code 422 unless all of the following are proven:

(1) You willfully threatened to commit a crime that would result in someone's death or great bodily injury,

(2) You specifically intended your statement to be taken as a threat, and

(3) The statement was unequivocal and specific enough to cause someone to reasonably fear for his or her own safety or that of his or her immediate family members.

The California crime of making criminal threats is a wobbler. This means that the prosecutor can charge it as either a misdemeanor or a felony, depending on the circumstances of the offense and the defendant's criminal history (if s/he has one).

The maximum misdemeanor penalties are up to one (1) year in county jail and/or a maximum $1,000 fine. The maximum felony penalties are up to three (3) years in California state prisonand a maximum $10,000 fine. You can be charged as a felony and it will depend on the circumstances and what was said. It is good that you have no criminal history and you should cooperate fully with the police. You need to let the officer know that you will not contact her again and will be leaving the county and are very sorry, hopefully they will let you off on another warning. But tis is very serious.

Please let me know if you have any further questions and please positively rate my answer if satisfied.

Customer: replied 9 months ago.
I just talked with the officer. I promised not to do it again and they are letting me off but they won't do it again.
Expert:  Christopher B, Esq. replied 9 months ago.

That is fantastic news and I would get rid of the woman's phone number so you are not tempted to call again. I hope you are satisfied and will positively rate my answer (there should be smiley faces or numbers from 1-5 to choose from). This will cost you nothing extra and will ensure that I am compensated by the site for my time. Thank you in advance.

Expert:  Christopher B, Esq. replied 9 months ago.

Just checking back in, do you have any further questions?

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