Legal Question in Criminal Law in California

legal proceedings

If I tell a government employee over the phone that ''i will shoot you'' verbally, not meaning any of it seriously, an the government employee called the police and had me arrested, and created a case so that I have to go to a court proceeding, what are my options to get the proceedings to win? Also, I was told that this is now a felony case right now and I have to clear it from the court. Please advise.


Asked on 8/11/07, 10:12 pm

6 Answers from Attorneys

David Kaloyanides David J.P. Kaloyanides, A Professional Law Corporation

Re: legal proceedings

It is unclear whether you made your statement to a local government employee or a federal government employee. The difference is significant. The penalties for such a "threat" to a federal employee are far more serious than to a state or local governmental employee. Either way, this is very serious. You cannot explain yourself to the judge or the prosecutor to get the case dismissed. You need an experienced criminal defense lawyer to protect your rights. You should not discuss this with anyone except your lawyer. If this is a federal case, you need a federal criminal defense lawyer. While lawyers who practice in state court are very experienced, federal practice is completely different and too often we see state practitioners completely unprepared for the complexity of federal practice. Do your homework and get an experienced lawyer. Do not be fooled into thinking you can take care of this on your own. This will take time and expertise of an experienced attorney to reach the best result.

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Answered on 8/12/07, 9:16 am

Re: legal proceedings

You are in a lot of trouble and could be facing significant prison time. I would suggest you hire an attorney right away.

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Answered on 8/13/07, 2:29 pm
Terry A. Nelson Nelson & Lawless

Re: legal proceedings

You're charged with at least one or more felony counts for death threats, terrorist threats, etc. You either properly defend this with experienced counsel or you could end up in prison. You don't seem to take this to realistically. Call me if you get serious about getting defense.

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Answered on 8/13/07, 4:23 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: legal proceedings

That you weren't serious is irrelevant. What matters is whether the person at whom the threat was directed believed you were and whether that belief was reasonable under the circumstances.

Get a lawyer immediately, and don't discuss your case with anyone other than the lawyers you consult and their staffs. If you can't afford to hire a lawyer the court will appoint one for you. Do not try to handle this on your own.

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Answered on 8/11/07, 10:16 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: legal proceedings

You are in very serious trouble and you had better hire a lawyer to go to your next court date with you, or else there is a very good chance you will go to state prison. Do not wait until the day before your hearing to get a lawyer. Do not use the public defender. Do not wait another minute.

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Answered on 8/11/07, 10:17 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: legal proceedings

I get the feeling that you don't take this felony criminal charge seriously. Maybe you are thinking that all you have to do is explain that this was all a big joke, and they will just go ahead and drop the charges. That's not how it works. You are in very serious trouble and you had better hire a lawyer IMMEDIATELY to go to your next court date with you, or else there is a very good chance you WILL go to state prison. Do not wait until the day before your hearing to get a lawyer. Do not use the public defender. Do not discuss the case with anyone except your own lawyer. Do not wait another minute. Call me anytime if you like.

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Answered on 8/11/07, 10:37 pm


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