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In the State of California, can someone press charges against me for sending threatening texts 2 months ago?
Anonymous2 views5 answers
My best friend slept with my husband. I felt extremely betrayed and hurt so I sent her some threatening text messages about 2 months ago. I told her in one that I was to going to kill her. In the others, I text that I was going to hurt her so to watch her back. I wanted her to be afraid that I was going to somehow get her for what she did. i haven't text her for awhile. Recently she sent me a text telling me to kiss my freedom goodbye. I'm sorry but I hate her for what she did to me and I get angry everytime I think of them together. I cry everyday. I would never kill anyone and I'm not a fighter. She did threaten verbally to kick my ass. I have a record, she doesn't. Can she press charges even though it was a few months ago? How much trouble could I be in. Please help,Im worried
You ought to be worried. She does in fact have proof. The texts themselves. The statute calls what you did "Criminal Threats."
The case could be charged as a misdemeanor or a felony. If the misdemeanor is charged you are facing up to a year in jail. If the Felony is charged you face up to four years.
You must see a criminal defense attorney right away. The statute doesn't care if you intended to carry out the threat.
If you want to see why I think you need to speak to a lawyer right away, you can review a very good treatment of this law at the website I found for you and linked to below.
STOP TEXTING.
Good luck.
My colleague is correct. Your friend can file a complaint, but it is up to the DA whether to file charges. Your friend could get a restraining order-,but two months has past with no incidents. You should consider speaking with an attorney .
Andrew Roberts
818-597-0633
Although, you probably had good cause for doing so, yes, they can file a complaint with local law enforcement. But by waiting two months, they jeopardize there severity of the case, which is a good sign for you.
If you have any questions or would like to talk about this some more, please feel free to call me.
Elliot Zarabi
www.zarabilaw.com
213-612-7720
What happens is that the person receiving the texts can report it to law enforcement. At that time law enforcement will investigate the situation to some degree. This may include an officer calling or visiting you to obtain a statement. You should invoke your Fifth Amendment right against self incrimination and politely to decline to speak with the police about the matter. You have no way of controlling how any statements you make will be interpreted or used, so if you have anything to say to law enforcement it should be told to them by your attorney. Once the investigation is completed, law enforcement will provide a report to the District Attorney's Office. A prosecutor there will review the report to see if any charges should be pursued. Although they do consider a victim's wishes, the victim herself does not get to ultimately decide whether or not charges are filed. At this point, you're going to want to decline to speak about this incident with anyone but your attorney. Please feel free to contact my office to address any further questions or concerns. Good luck.
Cease having any contact with this woman. Save all of her emails, voice mails, and text messages to you from this woman.
Yes, she can press charges. First and foremost its criminal threats, which could be a slap on the wrist to prison time and/or $10,000 fine.
My advice is to save all electronic evidence. Then fine a criminal defense attorney with an emphasis in electronic crimes. Review my background in such matters at www.DigitalEsq.com.
Michael K. Cernyar
800-409-7010
