Legal Question in Criminal Law in California

Re: pc422 / Terrorist threats

Having never been in a chat room or used a bulletin board, I don't know if you can keep copies of what was communicated. If you can print it out, make a copy of all you communicated, and what was communicated to you. The back and forth communications taken in context might show the humorous intent. The 1st Amendment isn't dead. However, we are still attempting to determine the limits of this right. Retain an attorney to assist you. And if you're short of money use the Public Defender's Office.

Re: pc422 / Terrorist threats

Unfortunately, yours is one of those high profile type of crimes with prosecutors because of what is occurring in the world and on this new medium,the internet. You will need an attorney and will need to show the prank nature of it as best you can. Your relationship to the "victim" will be important. You can't do this one alone. "Get a Lawyer." Check with friends and relatives for a lawyer who will go to trial if necessary. A plea bargain is possible if you have a lawyer who the prosecutor respects. Showing of the prank nature of the threat should lead to something short of jail time.

The contents of all of your chat room communications may become important. This info is retrievable but at a high cost. Save your hard drive.

A full defense at trial may be difficult. The prosecutor must still show that the words constituted a true threat of harm and that you were the culprit. A lot may depend on what you have already told the police. While freedom of speech is a recognized argument, this would not likely be accepted as "protected" speech.

Re: pc422 / Terrorist threats

Thanks for your posting. I know that you are scared and concerned by the charges against you, but you are going to truly need an attorney to defend you in this matter. You have received two excellent responses, and I can only add that these types of cases are growing more popular with prosecutors. Intent is a requirement under the law, and will be inferred by the circumstances, so as stated you should save the copies of any communications, including those before and after the alleged "threat", and as mentioned, your relationship (thus motive) with the receipient of the message is important.

Another thing -- and this may not be possible, but if you can, you should have someone else (not you) look into getting a statement from the victim as to whether or not they are willing to let this go and not testify, or at least get a statement as to what they thought the message meant, and whether or not they believed you were joking. That might help greatly in your defense.

I hope this helps -- but if you do have other questions or want more help, please feel free to email me directly.

Re: pc422 / Terrorist threats

The D.A. may charge you, but it does sound as though you have a valid defense. The D.A. will be required to prove that you knew the substance was in the car and that it did belong to you. If the D.A. cannot prove that then you will win the case. It is as simple as that.

Call if you have any other questions or concerns.

Joseph Low

(949) 251-0123