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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 100051
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Can I get convicted of a felony "death threat" text message

Customer Question

Can I get convicted of a felony for a "death threat" text message that came from my phone, that I did not send?
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note:This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

This all depends on the Judge or Jury. If this goes to trial, the judge or jury (by default the judge decides but the Defendant can request a jury) makes the decision on conviction. It is harder to convince a large number of people than one person, so most Defendants prefer a jury trial.

The onus is on the prosecutor to prove the case beyond a reasonable doubt.

What someone in your situation may wish to do is to subpoena the phone records (if they are available - text message records rarely are kept more than a few days by the phone company) to show that no message was sent from your phone, and/or, get witnesses to testify that around the time that the message was sent, you were doing something else and were not seen sending anything on your phone, for example.

So yes, it is possible to be convicted. But again, the onus is on the prosecutor to prove the case, so the Defendant has a natural advantage of simply denying the fact. The judge/jury decides in the end.

Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Customer: replied 1 year ago.
This is information that I already know I just wanted to know if anyone has ever been convicted of something that they didn't do in the text propaganda against me
Expert:  Ely replied 1 year ago.

Hmm, okay. Well keep in mind I do not know what you may or may not have already known.

Frankly speaking yes, people have been convicted terroristic threats after sending a text message. And yes, there are people who have been convicted for things that they did not do.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Customer: replied 1 year ago.
Eli… You did your best and I already understand what you're trying to tell me but it's not what I need to know… I have a felony conviction facing me and need to know if I should take PTI as an option today… For something I didn't do … I will give you a positive response but I cannot afford $50 to talk to you about it
Expert:  Ely replied 1 year ago.

The phone call offer is automatic via the site and I did not send it. I decline those anyhow.

Let me ask you this - how likely is it that you would be convicted? Does the prosecution have good evidence against you? What does your attorney say?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 1 year ago.
My number is(###) ###-#### ***** is evidence Of my text message being sent which I never denied coming from my phone… I just never sent it
Customer: replied 1 year ago.
I have two hours to get to the court and agree to a PTI program for something I didn't do… Bot***** *****ne what should I do?
Expert:  Ely replied 1 year ago.

I cannot call you. If you request a call via JustAnswer's features, another expert may call you and they will have this thread to go off.

I cannot tell you what to do. JustAnswer experts can only give general information and we cannot direct customers to an action. The Pre-Trial Intervention Program avoids a record of a criminal conviction if the supervision period is completed successfully. This may be an option if one feels that they are likely to be convicted if they go to trial. Because if found guilty, this conviction is basically for life. As such, many choose PTI if offered.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Customer: replied 1 year ago.
I'm not seeing your reply
Customer: replied 1 year ago.
I'm not seeing your reply… Just call me
Expert:  Ely replied 1 year ago.

Here is my reply:

I cannot call you. If you request a call via JustAnswer's features, another expert may call you and they will have this thread to go off.

I cannot tell you what to do. JustAnswer experts can only give general information and we cannot direct customers to an action. The Pre-Trial Intervention Program avoids a record of a criminal conviction if the supervision period is completed successfully. This may be an option if one feels that they are likely to be convicted if they go to trial. Because if found guilty, this conviction is basically for life. As such, many choose PTI if offered.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Customer: replied 1 year ago.
I get it… No legal help except for stating the obvious enjoy the five dollars and I'll give you a good rating
Expert:  Ely replied 1 year ago.

With all due respect, I have no right to tell you what decision to make about your criminal case. Not only does the website prohibit its experts from telling customers what to do, I also do not know the nuanced circumstances of your situation. Telling you whether to go to trial or to take PTI is something only your attorney can tell you, face to face.

I am happy to provide general information as you need it. I can explain how to negotiate PTI time for example, and to request the requirements less restrictive during the probationary period. I can explain how a PO (probation officer) would work with you. Etc.

However, I cannot tell you what to do. And no, I do not get the $5. This is a downpayment to the site. You can call customer service to discuss payment options and how it works, if you'd like - let me know if you need the number.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Customer: replied 1 year ago.
OK since there will be a PO involved because I don't want to deal with a felony charge forever has put how do I deal with the PO and getting a lesser charge against me… And will it cost me $52 today talk to you about it ?
Customer: replied 1 year ago.
do I have to do that before I agreed to the pretrial intervention
Expert:  Ely replied 1 year ago.

Someone in your situation may wish to ask their attorney to negotiate the terms of PTI. This should be done before the PTI is agreed-upon, yes.

The prosecutor is normally very backed up. They are handling literally dozens of cases at once. A PTI is in their favor as well, and they may agree to more favorable a PTI agreement to close the case. One's attorney can demand that time be limited (6 months for example), and that there are no random drug tests, or no need to check in in person and simply to CALL the PO. And/or, no geographical restrictions, meaning one can travel without seeking permission, first. Etc.

Nuanced factor for PTI are agreed upon prior to a plea deal being executed, so this should all be pre-agreed upon.

JustAnswer experts do not handle the billing part of the site. I actually do not even have access to your billing profile. Go to www.justanswer.com/help to contact customer service and they can help you with all of this. They are very nice.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Customer: replied 1 year ago.
OK Eli that was useful… I'm going to take the fall but it won't be that big of a fall possibly… We will see and I will recommend you highly as you don't have enough Information to fix my problem… Thank you for your time… Do I need to pay more than five dollars?
Expert:  Ely replied 1 year ago.

JustAnswer experts do not handle the billing part of the site. I actually do not even have access to your billing profile. Go to www.justanswer.com/help to contact customer service and they can help you with all of this. They are very nice.

Thank you for your kind words. JustAnswer experts do not handle the billing part of the site. I actually do not even have access to your billing profile. Go to www.justanswer.com/help to contact customer service and they can help you with all of this. They are very nice.

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