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Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 23212
Experience:  Active member of the NYS bar since 1989
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Pearl. JA: The Lawyer will need to help you with this.

Customer Question

Hello, Pearl.
JA: The Lawyer will need to help you with this. Please give me a bit more information, so we can help you best.
I'm Jason
JA: Anything else I can tell the Lawyer before I connect you two?
Customer: I was arrested for a warrant for my arrest this past weekend. My ex issued a warrant for Harassing communications
JA: I'm sending you to a secure page on JustAnswer so you can place the $5 fully refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and connect you two.
Submitted: 6 months ago.
Category: Legal
Expert:  Zoey, JD replied 6 months ago.
Hello, In what US state did this occur? What is the question you'd like to ask about this incident? Please reply here on this question thread.
Customer: replied 6 months ago.
This is the state of Alabama, Chambers County. I would like to know what I can do to have these charges dismissed or dropped.
Customer: replied 6 months ago.
I have no prior criminal records and cannot afford to have something like this on it now. I have already spoken with an attorney in Chambers County however, he is unable to start anything until my warrant and arrest information is made available.
Expert:  Zoey, JD replied 6 months ago.
Hello, The only thing that you can do is to hire an attorney and fight the charges. You're the defendant, and though you may not have done anything wrong, unfortunately, the complainant says otherwise and the state is standing behind him or her. Yes, if this has only just transpired, there isn't anything a lawyer can do either. In a week or two, maybe sooner, your case will be in the system and a prosecutor will be assigned to it. At that point your lawyer can talk to the prosecutor and see if it can be dismissed or, failing that, can negotiate for a disposition that will allow for you to come out of this case without a criminal record. I'm sure you have told your lawyer already that you cannot afford a criminal conviction. If he can not convince the prosecutor to dismiss the case outright, this is just a harassment charge and there are no injuries, it's very likely your lawyer will be able to get you a diversion or deferral opportunity if you wanted to resolve this case with a plea rather than a trial. These are special non-incarceratory programs where you stay out of trouble with the law, take some anger management classes, pay some fines and at the end, your case will be dismissed. Typically, however, because of the fact that domestic violence is so much in the public limelight, even if the complainant him or herself wanted to try to drop charges, the state would not do it right now. You're lawyer is right. You're going to have to wait a bit until this case is assigned to a specific prosecutor and judge.
Customer: replied 6 months ago.
I understand. Thank you. There are no threats nor are there any kind of violence via texts or other communications towards her. We ended our relationship over a month ago but the following weeks afterwards, I attempted to rebuild everything. Although, I was very much mislead by her with lies and such, I continued to talk to her via email and text to resolve our issues. I then discovered infidelity in the relationship and even after. Once I found out, I contacted the other men she had relations with and out of anger and bad judgment, sent them a few "dirty" pictures of her. This is why she issued a warrant. However, it was issued on March the 15th. Even after that date, her and I both have been in contact without aggression and more so about rekindlinng our future together. It was only until the 1st of this month that I discontinued communication completely. I was arrested in public at a local carnival on the 9th of this month. Over one week since our last conversation.
Customer: replied 6 months ago.
Everything within our conversations were only about working things out. Never were there any kind of threats or harm towards her or her children. She would show anger and refused to talk. I backed off for a few days and we talked again. This has been going on for weeks since the end of Feb. I do not find myself guilty of harassment, however I can say I reacted spiteful. I have not physically seen her face to face since she moved out of my house. So I can't see how this could possibly turn into a "stalking" situation. Everything is strictly through texts and emails.
Customer: replied 6 months ago.
I have read and discussed with many people about the term "revenge porn" and how Alabama does not have a law against it. However, I am unsure if this situation qualifies under the same circumstances.
Expert:  Zoey, JD replied 6 months ago.
Thanks for the detailed reply. In some states, harassment is codified under the state's stalking laws, but that's not true in your state. Here's harassment, and as you can see, if the communications alarm her -- a very subjective standard -- you could be charged with this offense. If a reasonable person would not be alarmed by the extent and content of the communication, then you could fight the case and win it. Harassing communications is a class C misdemeanor -- a very low level crime. Stalking is a felony in your state and involves the sort of implied or actual threat that would make a reasonable person afraid of death or serious bodily injury. From what you've said, you won't be charged with stalking.
Expert:  Zoey, JD replied 6 months ago.
Here's the stalking statute.
Customer: replied 6 months ago.
Could you please explain better about "alarming" her? In other words, I am having trouble with understanding how I could alarm her? When she moved out of my house, she was extremely vindictive as well as damaging the property and stealing many of my belongings. Her vehicle was in my name because I bought it for her when she wrecked her other one. She held my titles to my vehicles as "ransom" for me to sign over my name on hers and give her my spare key to it. To end the fighting, I drive an hour the very day she moved out to meet with her parents and sign over my name. Since our separation, I have found out many things she's done to "hurt" me back for ending the relationship. The pictures I sent are the ONLY thing I have done out of anger towards her and that is when I found out about her infidelity.I appreciate your response and clearing up the stalking aspect. However, again I have absolutely no prior criminal charges nor have I ever been arrested for anything. I would like to know what all I can do to have this dropped or dismissed. Can any of our conversations AFTER her issuing the warrant help my case since it was both her and I communicating without aggression? Can the non-existent law of "revenge porn" in Alabama hold up to this to help my case?
Expert:  Zoey, JD replied 6 months ago.
I understand that this is a first arrest. I also understand is that your communication made the complainant uncomfortable. That's why she had you charged. What's alarming is a subjective standard. What alarms her might not be what alarms me or what alarms you or what alarms your next door neighbor. I don't know how or why you alarmed her, although your sending explicit photos of her to other men in her life would be alarming to most reasonable women. You'll find out for sure when you are arraigned in court on these charges and hear a brief recitation of the facts that back up the elements of the offense. The fact that she continued to communicate without aggression after the issuance of the warrant could certainly help your case if the two of you were communicating without aggression and her messages to you indicate no alarm. The fact that there is no specific statute in your state outlawing revenge porn doesn't mean that the state cannot find some other applicable statute under which to address a wrongdoing.
Customer: replied 6 months ago.
Another thing I should add, I have never confessed to such photos of her. And photos sent were not sent from my Facebook account but rather a generic "just made" account. The pictures were also showing sexual gerstures but did not have me in them. Is there anything I can do to deny credibility for them? Obviously, not the best choice however, I guess more so I'm asking, what "proof" can she show that I sent these photos?The conversations after the warrant was issued were very calm. In fact, it was her in the conversations that claimed to work things out and even possibly relocating to another town with me. The conversations were just about working things out with our relationship and I asked her many times to let me know if I should just walk away...and she kept insisting that we could work this out but with time. It was only until our very last conversation on the 1st of this month that we both agreed everything was over...and we have not spoken to each other since. I was then arrested on the 9th of this month at a local carnival. I'm unsure if she was present at the same time but I can only assume she was and notified the local police there at the carnival about my warrant.Basically, in short, if I plea innocent to the photos sent what can she provide to the courts that I sent them? Again, I have not confessed to her or anyone about them. And I was also not in these photos either nor were they sent from my Facebook account. And that account has also since been deleted. Would she have to file for IP addresses and such?
Customer: replied 6 months ago.
Also, once my attorney can actually pull up my information, can he then ask for these photos as evidence to help my case? Basocally, what can my attorney do in preparation of this case to help it be dismissed?
Expert:  Zoey, JD replied 6 months ago.
I don't know that the photos will be an issue in your case. The prosecutor has to prove his case beyond a reasonable doubt and if he doesn't feel he can do that, he won't charge you at all with having sent the photos. He'll focus on the other communication. Your lawyer is not allowed to suborn perjury. If you are charged with sending the photos and told your lawyer you sent the photos, you can still plead not guilty and fight the case and let the state try to prove that you sent them beyond a reasonable doubt. But you will not be able to take the stand and deny having sent the photos. I cannot tell you what your attorney can do to prepare his case because even your attorney won't know until he sees the court papers, confers with the DA, looks over the discovery, and does his own independent investigation.