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Stevexo, Criminal Attorney
Category: Criminal Law
Satisfied Customers: 1000
Experience:  Thirty years Criminal Defense
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I have a bit of an issue and need some advice. I have an ex

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I have a bit of an issue and need some advice. I have an ex girlfriend that had some of my property and would not return it back on June 30th. I called her a total of 19 times on June 30th and sent her numerous texts. Some of them threatening. The most threatening was "IF YOU DO NOT RETURN MY STUFF, I WILL COME OVER AND POUND YOUR DOOR DOWN AND RETRIEVE IT". Obviously I did not act on this. She did call the Police and gave my property to them. The police then contacted me and basically said it was a misunderstanding and did not take a report and instructed me not to call again.

As things calmed down a bit, I did try to contact her again to apologize or clear the air. I called her 5 times on July 3rd and 23 times on July 4th. Obviously she would not take my calls. I was calling from a private # XXXXX my cell phone.

As the days progressed I did occassionally send a text message apologizing for how things transpired and that I was not a threat and just upset (1 text every 5 days). My last text was on the morning of July 17th basically saying I was not going to contact her again and again apologizing for what has transpired. Later that evening I received a call from a Male individual she had call me threatening me not to contact her again "OR ELSE".

Obviously that made me very upset and angry and wanted to know what the deal was. I wanted to talk to her, cause things were getting serious. I called her a total of 37 times that evening to put this to rest, again she would not take my calls. She did call the police again and this time the officer was going to take a report as she claimed that I have called her over 500 times since June 30th.

Since July 17th there has absolutely been no contact or phone calls to her. I heard back from the Officer again on July 25th who had a couple questions about texts i sent on June 30th and that he was finishing up his report for the DA to look at.

I told the officer I looked at my phone records and made 84 calls since June 30th on 4 seperate days, not over 500. The officer requested to see my phone records.

My question is this something serious in nature where I need to get counsel? Should I give the officer my phone records, will that help or hurt me?

What do you think I should do at this point?
Qualified as an expert in Criminal Law,32 years of Criminal Defense trial work. I just wish you had asked this question prior to the questioning. Do Not speak to the officer again, and do not give him, or let him look at your cell phone or any records. This is the biggest mistake defendant's make. You have a 5th amendment privilege not to speak to the officer, and or to produce anything he asks for. And yes get counsel asap, as if you had counsel when this started, I promise you the attorney would not have let you cooperate in any way. People think if they cooperate the case will go away, or it will help.It never does. People also think if I cooperate I am less likely to get charged. The opposite is true. The only reason the police need your cooperation is to make their case stronger. They will effectuate an arrest if they have probable cause, and by speaking you only give them more probable cause, and also access to things that they would need a court order for. They are looking at filing stalking charges, and for purpose of that statute 84 calls will work as well as 500 calls. Both amounts are excessive. You need to get counsel asap so they can deal with the police and the DA, and leave you out of it so you do not speak or produce evidence any longer. You might have a good defense as to the nature of the calls, but let your attorney handle this, and let him communicate with the DA and please make no more calls whatsoever and speak to no one until you get the attorney. People never help their case by being cooperative with the police, and almost always hurt it. DO NOT GIVE THESE RECORDS TO THE POLICE AND CEASE CONTACT WITH THEM ASAP.Good Luck, Sincerely, Steve
Customer: replied 4 years ago.


thanks, XXXXX XXXXX is the issue considering the information i have provided you?

If handled competently by a good attorney the outcome could be very good, like dismissed good. The good news is that there is nothing aggravating about this case that would make the alleged stalking more serious, and thus should be a misdemeanor not a felony at the worst. It really depends on how threatening the statements are. Legally, on your side, these are not very threatening, and the worst statement you make is truly not an assault as the threat is conditional. What I mean by this is that your pounding her, is conditioned upon the fact of the non return of property. Thus the threat is conditioned upon you not getting property back, and is what is called a condition precedent which generally will negate an assault. I do not think it is felony serious, but depending on how they interpreter your statements it could cause problems, but from what I have seen here if you stop cooperating and let an attorney handle this, it could go away. Sincerely, Steve
Customer: replied 4 years ago.

I appreciate your help. One last question. In your experience, do you see the DA filling charges and should I wait to get counsel until charges are filed?

That is a great question. This is a case that an attorney if gotten soon enough they might be able to talk the DA out of filing. You see, all the police do is gather the evidence, and or make arrests.It is the DA that will decide what charge if any will be filed. Many time I am hired in a case like this that the DA has not filed yet on, and many times the DA or State is able to be persuaded not to file the charges. It is easier to get a case dropped if it is not filed on in the first place, then to get it dropped after it is filed on by the State. It can get dropped potentially in both cases, but the preferred situation is for the attorney to try and prevent it from getting filed on in the first place. So in a case like this I would never wait until it is filed to get the attorney, and in the end it would be much cheaper to you also if the attorney can do it pre filing and greatly increases your chances. Sincerely, Steve
Stevexo and 2 other Criminal Law Specialists are ready to help you
Just checking to make sure I have fully answered your original question, and also as a courtesy to you, all the additional ones you asked.I always try to be as on point as possible. Thanks, Steve
Is there a problem with my answer that is not enabling you to give it a rating? Is so please let me kmow. Steve