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Hammer O'Justice
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 4492
Experience:  Almost 12 years of legal experience, primarily in criminal law
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My son, age 32, is facing a second felony of stalking . He

Customer Question

My son, age 32, is facing a second felony of "stalking". He was in Rehab this past summer of 2009 in Salt Lake City. There was an "order of protection" against him prompted by his wife's legal actions.

My question and consternation stems from the fact that his wife kept contacting him throughout his 5 months of rehab, knowing full-well that he was in a vulnerable mental state.

As merely one example, on July 5, 2009 she sent him 59 text messages to the effect of: "I love you, you'll always be my true love, I will always be here for you . . . "

Why is it that she is allowed to do that and the fact that he responded to her messages almost puts him on death row ? ? ? What will the raminfications be for him if I write a letter to the judge?

We live in the least populated state in the nation, and a very small community . . . everyone knows everyone. I am at my wit's end and feel bound by western provencialism. Yet, I feel as though I must invoke the western spirit ! ! !
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Hammer O'Justice replied 7 years ago.

A judge cannot read a letter from you about the merits of the case. So if you send it, the judge's chambers is obligated not to read it because it is not proper evidence introduced at trial. Judges only accept letters from individuals during the sentencing phase of a proceeding, if they choose to.

During the trial, his attorney will be able to put the phone records into evidence that show that his texts were only in response to hers. And if you were a witness to anything that occurred, his attorney may have you testify. But the only proper way for the judge to hear what you have to say about the case is through live court testimony.

The best way to help your son is to work with his attorney. You don't want to do anything that may anger the judge or prejudice him or her against your son's case. Working with the attorney with the strategy he or she has in place can help him get the best outcome and can ensure that you don't do anything that derails the attorney's trial plan.