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I was arrested for phone harassment charges after making two

phone calls to my father-in-law...
I was arrested for phone harassment charges after making two phone calls to my father-in-law at the time. I was going through a divorce. Neither calls were harrassing. My father-in-law at the time was a retired border patrol supervisor and my husband at the time was a border patrol agent. The judge that signed the arrest warrent is a very good friend of theirs. I need legal advise. I feel that I wouldn't have been arrrested for 2 phone calls. What can I do.
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Answered in 21 minutes by:
8/6/2010
wallstreetesq
Category: Criminal Law
Satisfied Customers: 17,252
Experience: 10 years Experience, have tried several high profile felony cases and misdemeanors
Verified
2 phone calls does not rise to harrassment, you should fight the charges, and consider filing a formal complaint against your father in law and the judge. If you win your criminal case, then sue them for defamation.
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Customer reply replied 7 years ago

Because of this my job as a teacher is on the line. I'm on administrative leave and still don't know if I will get my job back. My father-in-law had me arrested at school. The lawyer that I'm using has not been helpful and I feel he is not willing to fight for me. The county I live in is bad about politics they all cover for themselves. What do I do? I have used up all my money and feel I'm not going to get a fair trial. How do you find a good lawyer and can I get my money back?

you should get the press involved, and consider the local public defenders office, also consider going to the divorce court, and argue in front of the judge that your husband and his family has done this to you and you want their actions to stop, or reflect badly on them


THE LAW IN TEXAS IS VERY BROAD, BUT THEY DO HAVE TO PROVE ALL THE ELEMENTS.


§ 42.07. HARASSMENT. (a) A person commits an offense if,
with intent to harass, annoy, alarm, abuse, torment, or embarrass
another, he:
(1) initiates communication by telephone, in writing,
or by electronic communication and in the course of the
communication makes a comment, request, suggestion, or proposal
that is obscene;
(2) threatens, by telephone, in writing, or by
electronic communication, in a manner reasonably likely to alarm
the person receiving the threat, to inflict bodily injury on the
person or to commit a felony against the person, a member of his
family or household, or his property;
(3) conveys, in a manner reasonably likely to alarm
the person receiving the report, a false report, which is known by
the conveyor to be false, that another person has suffered death or
serious bodily injury;
(4) causes the telephone of another to ring repeatedly
or makes repeated telephone communications anonymously or in a
manner reasonably likely to harass, annoy, alarm, abuse, torment,
embarrass, or offend another;
(5) makes a telephone call and intentionally fails to
hang up or disengage the connection;
(6) knowingly permits a telephone under the person's
control to be used by another to commit an offense under this
section; or
(7) sends repeated electronic communications in a
manner reasonably likely to harass, annoy, alarm, abuse, torment,
embarrass, or offend another.
(b) In this section:

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Customer reply replied 7 years ago

There is more when I was arrested at school I had my divorce attorney on the phone she was calling the sherriff's department to find out what was going on. She said not to go with them unless they identified themselves and tell me why i was being arrested. The officers didn't tell me who they were and why I was being arrested. All they said was come on. I asked and they wouldn't answer. I panicked I stood my ground held my arms to my side until they dropped me to the ground. I was also charged with resisting arrest. This was done infront of the principal, assistant principal and paraproffesional. This happened more that a year ago and has finally made it to court. This year my exhusband had me arrested again for phone harrassment. With him I did have arguments and did use profanity. I also argued on how stupid his father was for doing what he did to me. We would argue about my daughter's visitations, him helping me when she was sick, etc. He was recording me without me knowing. He did know how to aggravate me to set me off. He know what he was doing. I never received a warning call from the sherriff's department. Are you supposed to receive a warning call? Pre-trial deversion

The lawyer has told me that when he spoke to a supervisor from the DA's office this what they can up with. Because I was arrested twice for the same thing they weren't going to drop the charges I would be on out of court probation for a year drop after year, pay fine, pay probation officer 60 dollars a month, Class A mis. community service, anger management. He said if I did take it to trail that they would "pop" me and I could go to jail for a year. Does this sound right to you? What do I do? What should happen?

I WOULD TAKE THE OFFER, IN YOUR COUNTY AND STATE, I WOULD NOT TAKE A CHANCE AT TRIAL.
wallstreetesq
Category: Criminal Law
Satisfied Customers: 17,252
Experience: 10 years Experience, have tried several high profile felony cases and misdemeanors
Verified
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Customer reply replied 7 years ago

Thank you for your time.

 

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wallstreetesq
wallstreetesq
wallstreetesq, Lawyer
Category: Criminal Law
Satisfied Customers: 17,252
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Experience: 10 years Experience, have tried several high profile felony cases and misdemeanors

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