Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Criminal Law
This answer was rated:

ok so this girl and I have been sending messages back and forth

about personal issues, she mentioned...
ok so this girl and I have been sending messages back and forth about personal issues, she mentioned next time she sees me its on and to be ready, i felt threatened so i told her that i next time we saw each other i was gonna turn my other cheek to her n i i know how to use guns and knives but i wasnt gonna cause i wasnt gonna go to jail over it, she felt threatened now n got a police involved, what can i do? what are my rights? what could happen to me? and to her?
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 9 minutes by:
6/3/2010
Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27,011
Experience: Handle criminal matters in both state and federal courts.
Verified

hi

 

so have you been charged with anything? how old are you and this girl - how do you know each other

Ask Your Own Criminal Law Question
Customer reply replied 7 years ago
I'm 25 years old and I think she is 21, we used to work in the same place but really didn't get to know each other well, my husband befriended he, I told him to syop talking to her and as soon as he did she posted ona friend's facebook wall that I was psycho and crazy, she didn't mentioned my name but I knew she was talking about me, ever since then, about a week ago, we have been messaging back and forth. I had never mentioned anything about a fight or meeting up untill she said: it's on next time we see each other be ready! So I replied back that even though I knew how to use guns and knives i was gonna turn my other cheek to her since I wasn't about to go to jail over her. She said she felt threatened by those words and got the police involved today. What can I expect? Should I also file a report?

hi

 

well, you can file a police report in the same manner that you felt threatened - however, the fact that you responded in the manner you did may be used against you further as in if you were so threatened why did you respond, why not file the police report then. so i am just pointing that out to you.

 

as to you statements, it never used to be that such words were criminal. however, nowadays there are charges such as "terroristic threats" and you could be charged with that.

 

here is the TX law

 

§ 22.07. TERRORISTIC THREAT.

(a) A person commits an offense if he threatens to commit any offense involving violence to any person or property with intent to:
(1) cause a reaction of any type to his threat by an
official or volunteer agency organized to deal with emergencies;
(2) place any person in fear of imminent serious
bodily injury;
(3) prevent or interrupt the occupation or use of a
building, room, place of assembly, place to which the public has
access, place of employment or occupation, aircraft, automobile, or
other form of conveyance, or other public place;
(4) cause impairment or interruption of public
communications, public transportation, public water, gas, or power
supply or other public service;
(5) place the public or a substantial group of the
public in fear of serious bodily injury; or
(6) influence the conduct or activities of a branch or
agency of the federal government, the state, or a political
subdivision of the state.
(b) An offense under Subsection (a)(1) is a Class B
misdemeanor.
(c) An offense under Subsection (a)(2) is a Class B
misdemeanor, except that the offense is a Class A misdemeanor if the
offense:
(1) is committed against a member of the person's
family or household or otherwise constitutes family violence; or
(2) is committed against a public servant.
(d) An offense under Subsection (a)(3) is a Class A
misdemeanor, unless the actor causes pecuniary loss of $1,500 or
more to the owner of the building, room, place, or conveyance, in
which event the offense is a state jail felony.
(e) An offense under Subsection (a)(4), (a)(5), or (a)(6) is
a felony of the third degree.
(f) In this section:
(1) "Family" has the meaning assigned by Section
71.003, Family Code.
(2) "Family violence" has the meaning assigned by
Section 71.004, Family Code.
(3) "Household" has the meaning assigned by Section
71.005, Family Code.
(g) For purposes of Subsection (d), the amount of pecuniary
loss is the amount of economic loss suffered by the owner of the
building, room, place, or conveyance as a result of the prevention
or interruption of the occupation or use of the building, room,
place, or conveyance.

 



Edited by Samuel-II on 6/3/2010 at 1:05 AM EST
Ask Your Own Criminal Law Question
Customer reply replied 7 years ago
ok, so if I make a police report, would that be of any help to me? how about the fact that it was never warned to me that it was threatfull to her? I thought it could be a crime if the messages were to continue after the report was made. Is there any point towards me if I told her i was not gonna fight her?

hi

 

if messages are continued after being told to not have contact that is harassment. your use of the words guns and knives have placed you in a position where you can be charged as i described.

 

you do not have to talk to the police, if they investigate without have a local attorney present. it is possible the police will come to question you and will warn you to have no further contact. however, if you do own a gun then they could take this very seriously.

 

honestly, i don't see how it is helpful for you to file a report. but you certainly can file one.

 

Ask Your Own Criminal Law Question
Customer reply replied 7 years ago
ok, what could be the worst case scenario? I really don't understand much about those laws.

hi

 

the worst case scenario is you would be sentenced to a jail term as a penalty for a Class B misdemeanor - which is 6 months to 2 years.

 

the best case scenario, which is probably what will happen is you will be placed on probation and have to attend some sort of anger management course and perhaps do community service. this is more likely if this is a first offense.

 

if you are charged you can consider pleading not guilty and then using the TM exchange as part of your defense.

 



Edited by Samuel-II on 6/3/2010 at 1:55 AM EST
Ask Your Own Criminal Law Question
Customer reply replied 7 years ago
This is a first offense. So would you suggest for me to get a lawyer? And this is only if im convicted of terroristic threat right? Also, I talked to a police over the phone and they said that if she filed a report but no crime has been commited yet, there's nothing else they can do only to have that file. I'm confused and I'm sorry for having so many questions.

hi

 

well, that is up to the police to determine if she has filled out the statement of charges properly wherein the police could declare probable cause for the Terroristic Threats.

 

as i stated, it used to be that way all the time - a threat was not actionable - there had to be some other behavior - and then it changed as you can see by the law i provided. so if the police told you that, then it appears they are not going to proceed and it could be because she did not make the report properly

 

if the police are not going to charge, then you will not need an attorney. however, you mght want to consult with a local criminal defense attorney so if you are charged they are up to speed

 

it's alright to have this Q&A, i want to make sure you understand everything.

 

 

Ask Your Own Criminal Law Question
Customer reply replied 7 years ago
ok so when am I gonna know what type of action did she take? Will the police come to my house? Will I get it over the mail? or do I have to talk to the police?

hi

 

if she files a report, then the police will come and want to question you in the matter - for instance, they may ask if you are in possession of any guns or other weapons - you do not need to talk to them without an attorney present. however, if they have enough probable cause without comment from you then can arrest you whether you cooperate or not. they also could come with a search warrant to see if you have any guns in your home.

 

this is a pretty serious misdemeanor. i don't want to alarm you but there is a possibility that an arrest could happen.

 

what makes this so serious is your TM wherein you used the words "guns and knives" even though you said you would not do it because you dont want to go to jail. the use of those words gives her the basis for saying she feels in fear of imminent serious
bodily injury - as the law states under A(2)

 

 

Ask Your Own Criminal Law Question
Customer reply replied 7 years ago

as a last question, what do you recommend for me to do? Any tips to only be fined and not convicted? or is it really up to the court?

hi

 

i cannot really give an recommendations other than what i have informed you already. i cannot tell you to plead guilty or not guilty - only what i have laid out for you already as your options and the potential consequences.

 

you will need to re-read what i suggested you consider and then decide -

 

convictions are up to the District Attorney - and they also can recommend a sentence. however, a local attorney could very well negotiate a plea agreement for you - as i stated on a first offense, i don't see where jail time would be imposed.

 

whatever it is you decide, i wish you good luck with everything. i am sure it will all work out - you just need to see what all the possible scenarios are and i believe we covered them all

 

however if you have further questions, please follow up here so i can try to give you the information for you to make an informed decision.

 

 

 

Ask Your Own Criminal Law Question
Customer reply replied 7 years ago
ok thank you very much, the last question though is, in case she just filed a report but don't wanna go further, does that just go on my record and that's it? or do we still have to go to court?

hi

 

a police report is simply that - a report that stays on file.

 

a conviction is a record - and you can only be convicted by a court.

 

Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27,011
Experience: Handle criminal matters in both state and federal courts.
Verified
Samuel II and 87 other Criminal Law Specialists are ready to help you
Ask your own question now
Customer reply replied 7 years ago
thank you very much! Have a great day and lesson learned for me!!!

hi

 

you're welcome. GL

Ask Your Own Criminal Law Question
Ask Samuel II Your Own Question
Samuel II
Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27,011
27,011 Satisfied Customers
Experience: Handle criminal matters in both state and federal courts.

Samuel II is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,175 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,014 satisfied customers

16 yrs. of experience including criminal law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

RobertJDFL

RobertJDFL

Lawyer

1,812 satisfied customers

Experienced in multiple areas of the law.

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,623 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
My ex girlfriend filed a police report stating that I hit
My ex girlfriend filed a police report stating that I hit her what is going to happen next? … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,315 satisfied customers
I made a police report and talked to an officer because my
Hi, I made a police report and talked to an officer because my roommate seriously threatened to kill me. I don't know what happens next and they didn't give me a report number. What do I do? I'm in ut… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
My ex wife falsified a police report and had me arrested for
my ex wife falsified a police report and had me arrested for one night on trespassing and stalking. No TPO ever put in place, no amendments to joint custody. I have court in 3-4 months are there any m… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,315 satisfied customers
My friend has a previous gun charge it was a misdemeanor but
My friend has a previous gun charge it was a misdemeanor but now is being charged with aggravated assault … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,315 satisfied customers
When someone is sentenced and they have a plea agreement for
when someone is sentenced and they have a plea agreement for no more than four years of paroll and have served the mandatory three years in prison already. can anyone change this when the judge him se… read more
TexLawyer
TexLawyer
Lawyer
Doctoral Degree
24 satisfied customers
I am in court for criminal mistief in the state of indiana
i am in court for criminal mistief in the state of indiana marion county. I am illeged to break a windo . I am being charged with a felony because the total cost is said to be over 2500 dollars. I wan… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
Person pulled over in dui traffic stop - no probable cause -
person pulled over in dui traffic stop - no probable cause - while pulled over sheriff saw he had active warrant out of state so he is in custody for his out of state warrants—BUT no charges are fille… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
34,612 satisfied customers
In criminal law, if someone is awaiting sentencing of a
Second opinion] In criminal law, if someone is awaiting sentencing of a Federal Felony and I have evidence that should be considered by the sentencing Judge, how can one ensure the evidence is brought… read more
James Daloisio
James Daloisio
Attorney
Doctoral Degree
56 satisfied customers
I have a question about procedure in criminal court in
I have a question about procedure in criminal court in Texas; specifically if there is any way to request a pretrial hearing prior to indicment of a felony … read more
Ray
Ray
Lawyer
Doctoral Degree
30,219 satisfied customers
If police search me without probable cause, will whatever
If police search me without probable cause, will whatever they find still be used against me?… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
Is it not uncommon for criminal court judges or their
Is it not uncommon for criminal court judges or their court's administration (e.g. bailiffs) to manipulate the only clock on the wall in the courtroom (e.g. set it purposely ahead of or behind the act… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I had a criminal court hearing and was sentenced, but was
I had a criminal court hearing and was sentenced, but was never sworn in can this be thrown out… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,315 satisfied customers
A person files a police report online and getting harassed
A person files a police report online and getting harassed by an officer about why the report was not files in person or by calling 911 to bring an officer to the scene. My question is since the inter… read more
David C. Garner
David C. Garner
Attorney
Post-Doctoral Degree
889 satisfied customers
Are police reports (related to cases that are no longer
Are police reports (related to cases that are no longer under investigation) allowed to be used as evidence to be filed in a civil court pleading?… read more
Legal Expert Justin
Legal Expert Justin
Law Degree
189 satisfied customers
During my Bench Trial in Federal Court on a misdemeanor
During my Bench Trial in Federal Court on a misdemeanor charge of Simple Assault, I testified in my own defense. I would have made a more aggressive defense, but I thought certain points were best lef… read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
Have previous criminal record in NM with deferred sentence
Have previous criminal record in NM with deferred sentence for soliciting a prostitute in 1998. Would like to have this record sealed or "expunged " . Was told I could apply to court to have this done… read more
Ely
Ely
Counselor at Law
Juris Doctor
3,175 satisfied customers
I was turned down for a gun purchase for a misdemeanor I had
I was turned down for a gun purchase for a misdemeanor I had 22 years ago. I had a 242 pc and a 12031(a). I noticed that I didnt meet the criteria for 12031(a) as I was pulled over with a loaded gun i… read more
Thelawman2
Thelawman2
Doctoral Degree
1,240 satisfied customers
Is the smell of marijuana in a vehicle probable cause for a
Is the smell of marijuana in a vehicle probable cause for a search in the state of Massachusetts?… read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x