Legal Question in Criminal Law in California

OK! I think I need to elaborate a bit more on my question. This is what I originally asked 'Is calling someone on the phone and leaving them a message stating they will kill you if you talk to their girlfriend again a criminal offense? There is a recording of said threat also. Thanks in advance"

I was the one being threatened to be killed by this loser of a guy and I quote " Stop talking to my girl friend dude if you call her again I will F*****n kill you". now that that is cleared up a bit, can anyone recommend weather or not I should file a formal complaint with the DA? Again I thank you in advance


Asked on 8/26/09, 12:47 am

2 Answers from Attorneys
John Gibson

The first step would be to call the police. After/if a police report is filed the DA will decide if they want to prosecute or not. If they prosecute it likely won't be for more than a misdemeanor. This is the criminal side of the law.

On the civil side you have the right to sue. The problem here would be that you don't seem to have any damages so a lawsuit would likely be a waste of your money.

Read more
Answered on 8/26/09, 2:49 am
Brian Dinday Law Offices of Brian R. Dinday

I agree with Mr. Gibson on both counts. And you SHOULD contact the police so that he knows that if anything happens to you, they will know it is him. Having the tape makes it slam dunk, so the police and D.A. ought to be interested.

Read more
Answered on 8/26/09, 2:28 pm


Related Questions & Answers

More Criminal Law questions and answers in California