Legal Question in Criminal Law in California

My neighbor's attorney and I had an verbal altercation one month ago. Angry words were exchanged about the civil case they filed. It wasn't till yesterday that I received a call from a detective advising me that the attorney had the neighbor file charges that I had threatened to shoot him. As this is a felony offense, this is a serious accusation. One that is completely untrue. There were no witnesses. His word against mine. Is there anything I can do? How can an attorney fabricate such a serious allegation? Can he get away with false allegations?


Asked on 8/27/11, 9:09 am

4 Answers from Attorneys

David M. Wallin Law Offices OF David M. Wallin

Criminal threats is a very serious charge. It could even be a strike offense, if filed as a felony. Our office has handled 100's of these charges and you should consult an attorney in or near your area with a lot of experience handling these matters. Many attorneys, such as ourselves, offer FREE consultations. While I do not know the area this is being tried in, I will be more than happy to offer you a FREE telephone consult so I can hear all the facts and give you the advice you need. David Wallin

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Answered on 8/27/11, 9:46 am
Terry A. Nelson Nelson & Lawless

Things CAN happen that you disagree with. You should assume you will be arrested.

No amount of free 'tips and hints' from here or anywhere else are going to effectively help you in your defense. A little free advice: exercise the 5th Amendment right to SHUT UP and do NOT talk to police or anyone about the case except an attorney. Most police and prosecutors will happily tell you that 95% of people convict themselves by trying to be 'helpful and cooperative', either during initial contact, questioning, interview or interrogation.

When facing potential arrest or being charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, and can you be convicted, and what can you do? Raise all possible defenses with whatever admissible and credible witnesses, evidence, facts and sympathies are available for legal arguments, for evidence suppression or other motions, or at trial. If you don't know how to do these things effectively against an experienced prosecutor intending to convict, then hire an attorney that does, who will try to get a dismissal, diversion, reduction or other decent outcome through plea bargain, or take it to trial if appropriate. If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me.

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Answered on 8/27/11, 11:19 am
Anthony Roach Law Office of Anthony A. Roach

If I were you, I would notify the State Bar. It is unethical for an attorney to bring criminal charges or threaten criminal charges to gain advantage in a civil dispute.

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Answered on 8/29/11, 6:53 am


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