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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27131
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Hi, I had a fight with my husband because he was meeting with

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Hi, I had a fight with my husband because he was meeting with another woman. and the woman keeps calling him on the cell phone , even wake me up. he wrote her an e-mail saying he wanted to save his marriage, so for her do not call him anymore and do not contact him again, but the woman keeps calling, she called when i and my husband was in between an argument so in between that, I got my cell phone and called her and I was very upset, and said to her stop calling my husband, and I said "should I shoot you between the eyes to stop calling my husband, and going to dinners... I said that out of really anger, I was out of my mind to say something stupid like that, and I leave that as a message , because she didn't answer the phone, I think it is a land line. Can I go to jail for saying something stupid like that?, I mean I don't even have a gun, nothing... I said that because i was very upset and she called. I live in Colorado Denver.. OMG I wish i could take take stupid thing I said back.
Hello Jacustomer,

The thing to have done, since the woman's calls were unwelcome, was to have reported her for harrasment and stalking. If you'd wanted to press charges, she would have found herself the defendant on a criminal case, facing felony charges. By handling this the way you did, you stooped to her level and you could be similarly charged. If you look at the statute, you can see that calling someone over the telephone and threatening them is a criminal act.

Next time she calls just file a police report. If she's prosecuted you will get a protective order and any and all contact from her will have to stop.

As far as this incident is concerned, she may not report you because she knows that you probably have plenty of evidence that she is the one who is out of control to begin with. But she could. And ever since 9/1/1 what used to be considered just "fighting words" said out of anger but not meant to be taken seriously, do get people prosecuted on threat charges.

So if police do call you to talk about this, tell them that you want to speak to a lawyer before talking to them and then, go get yourself one. Even if you don't hire him but just have a consultation and find someone you like, that will serve you well in an emergency if she does get annoyed enough to go to the police first.

Customer: replied 6 years ago.
ok, I know that she is Chinese, and married too. I left a message on the phone, but I don't know if it was her work phone or home.. does it change anything ? I am so stupid.

It really doesn't change anything. She was harrassing you. You started to harrass her. The one who gets to the police first will likely be able to get the other arrested.
Customer: replied 6 years ago.
if I am arrested, how long i will be on jail? I am sorry this is my last question, I still can not think clear, I am very nervous about being stupid.

I don't think that jail would be likely if you have no prior contact with the criminal justice system. You made one call and one stupid statement but she's made more and for that reason may do nothing. I don't see anything worse than probation coming of this for you under all of these circumstances (or for her, for that matter).

But just cool down and don't let her get you out of control, because that's a sure way to get yourself arrested which would be unfair, given that if there's a victim in this threesome, you're it. Now that she's been warned, if she keeps calling let the police warn her. And if she doesn't get it, let the police know that you want to press charges.

If she goes to the police, you'll know, because they will contact you. At that point, don't say anything about your argument with this woman at all. Just tell the police, like I said earlier, that you want to speak to a lawyer before talking to them about these facts. Then start looking for one, because you may need it.

I don't know how long ago this feud took place, but if it's already been a couple of days, it may be going nowhere. As she's married as well, that's another reason she may not want to make a big scandal out of this.
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Customer: replied 6 years ago.
thank you very much, you wonderful ! Maybe I will be able to sleep now. thanks!