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LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
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I was arrest on Sat night, handcuffed and put in back of a

Customer Question

I was arrest on Sat night, handcuffed and put in back of a sheriff's car. The charge was communication harrassment. I have pulled all my cell phone bills and my home phone bills and can prove i did not harass this person. What legal recourse do I have. This person and I are in the middle of a custody battle over our 4yo granddaughter and she did this maliciously to cost me money and embarassment.
Submitted: 1 year ago.
Category: Legal
Expert:  LegalKnowledge replied 1 year ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good afternoon. I certainly understand the situation and your concern. Below is the section under which you are charged and the burden is on the State of Alabama, to prove the charge against you beyond a reasonable doubt. They are going to have to show the elements listed below and will need to do this through evidence and testimony. It is first going to need to be determined how this person claims you contacted them. If they say it was from your cell or home phone and you have the call logs, you will be able to fight this and prove them wrong. At the same time, they may claim it was from a different number but it was you, which is why nothing appears on the home or cell records. Moreover, you can certainly show that this person has a motive, since you are in a custody battle and they are trying to hurt you for their own gain and make up lies, in the process. Your attorney is going to make a demand for discovery, so all the evidence which the State has and will be used against you can be turned over for review. In addition, the "victim" will likely be deposed, so more information can be gained as to what happened. Your attorney can certainly present the phone records and other possible evidence to show there is no basis and the victim made this all up. If not, then you will need to proceed to trial, if the State is not going to drop it and insists the victim is telling the truth. The first thing is to fight the criminal charge and then you could go after her civilly if she did with maliciously and you suffered damages.


Section 13A-11-8

Harassment or harassing communications.

(a)(1) HARASSMENT. A person commits the crime of harassment if, with intent to harass, annoy, or alarm another person, he or she either:

a. Strikes, shoves, kicks, or otherwise touches a person or subjects him or her to physical contact.

b. Directs abusive or obscene language or makes an obscene gesture towards another person.

(2) For purposes of this section, harassment shall include a threat, verbal or nonverbal, made with the intent to carry out the threat, that would cause a reasonable person who is the target of the threat to fear for his or her safety.

(3) Harassment is a Class C misdemeanor.

(b)(1) HARASSING COMMUNICATIONS. A person commits the crime of harassing communications if, with intent to harass or alarm another person, he or she does any of the following:

a. Communicates with a person, anonymously or otherwise, by telephone, telegraph, mail, or any other form of written or electronic communication, in a manner likely to harass or cause alarm.

b. Makes a telephone call, whether or not a conversation ensues, with no purpose of legitimate communication.

c. Telephones another person and addresses to or about such other person any lewd or obscene words or language.

Nothing in this section shall apply to legitimate business telephone communications.

(2) Harassing communications is a Class C misdemeanor.

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Customer: replied 1 year ago.

The other grandmother has temporary custody of minor child. We had a visitation of every other weekend for the last 3 years . As of this date I have not seen my grandchild since June 7th, 2013. She is now fighting for full custody. I say all this, to let you know this is a stressful situation. She knows how to push my buttons by stating false hood, fileing a false harrassment charge and even changing her phone number. She is employed by an attorney and uses her position to harrass me. What constitutes lewd language. I have never directed any personal but I have used words like bullshit, damn, shit. Does this hurt me:? The visitation is not on paper but mutually agreed, when she got temp custody.

Expert:  LegalKnowledge replied 1 year ago.
Thank you for the additional information. Lewd has to do with sexual behavior or remarks that are highly inappropriate or obscene. I do not think using those words in the context of the conversation to describe your thoughts, feeling or emotion may amount to it. However, if you were cursing at her and using obscene words, it may hurt your case.
Customer: replied 1 year ago.

other than proving her a lair, is there anything I could charge her with, ie filing a false police report?

Expert:  LegalKnowledge replied 1 year ago.
Filing a false police report is a crime against the State of Alabama, so it would be the police or the prosecutor that would have to charge her, if it was proved that she lied, there was no basis for the report and that her sole intention was to harm you.
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 17302
Experience: 8+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
LegalKnowledge and 4 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

So, would I have to talk with DA to bring attention to the situation?

Expert:  LegalKnowledge replied 1 year ago.
Yes, once it is shown what their intent was and there is evidence to support the filing of a false police report.

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