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LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 8065
Experience:  Experienced Family Law Attorney
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I instigated my husband (I am severe bipolar among other

Customer Question

I instigated my husband (I am severe bipolar among other diagnosis ) and he suffers from severe PTSD and isn't taking his meds. We got into argument I took his cell phone and he took it back grabbing my wrist to get it and took off. I called crisis line for VA and the police as I was concerned about his state of mind.
They have given him a citation for harassment and no we wonder what will happen. I never wanted any of this just to know he was safe.
What will happen in court? Will this just go away especially if I explain I instigated the start of all this and he was just trying to get his phone and I only called for his safety.
Submitted: 9 months ago.
Category: Family Law
Expert:  LegalGems replied 9 months ago.
Is this a summary harassment ticket (ie it has an option to plead guilty by marking a box and paying a fine) or is there a required court appearance?
Customer: replied 9 months ago.
Court appearance
Expert:  LegalGems replied 9 months ago.
Thank you;first, harassment is a misdemeanor of the third degree according to statute 2709. The statute is here:http://www.legis.state.pa.us/WU01/LI/LI/US/PDF/2002/0/0218..PDF Once a person makes a report to the police, it is up to the prosecutor as to whether they will bring charges (ie the person cannot withdraw the complaint). According to statute, the punishment is:5) For a misdemeanor of the third degree, a fine of not less than $250 nor more than $5,000, or imprisonment not exceeding 90 days, or both. That information is here:http://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=30&div=0&chpt=9&sctn=23&subsctn=0 However, specific intent for harassment is required per the code, so if the prosecutor is unable to prove that, the charge may be dismissed. Alternatively, the prosecutor may offer a plea bargain involving anger management or other therapy.It is best to hire a local attorney as they will have a relationship with the court officials and may be able to schedule the hearing with a prosecutor/judge that is more likely to either offer a plea bargain, or possibly even dismiss it outright if there is insufficient evidence and the witness (the person making the report) is not wishing to pursue it.

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