Legal Question in Criminal Law in California
Threats, recordings and venues
1a. If you lose your temper and threaten someone over the phone, but don't know who or where they are, is it punishable? I understand there to be a clause that you must have the "ability" to follow through on the threat to be charged
1b. If the threat is made in Sacramento County but the person threatened is in LA County, where is the venue?
1c. Is a tape recording of the threat admissable, I understand that unless both parties are aware it is recorded, which was not the case, then it is inadmissable.
1d. Do you know a good attorney in the Sacramento area who can help me?
1 Answer from Attorneys
Words that will haunt you
First, you need immediate counsel. I am not familiar with all attorneys available in Sac.but you should call Richard Hart. Use my nameand if Rick cannot help you, he will get you tosomeone who will. Do it now.
I obviously am curious as to how a person ventshis anger by threatening someone he doesn't even know. Assuming that there is some logicto it, it is the "apparent ability" to followthrough that completes the crime.
It is true that both parties must consent to the recording of a conversation unless the police have authorized the recording or unlessthe recipient of the call reasonably feltthat s/he would be threatened.
Get legal counsel now. This sort of crimeinspires very high bail and very harsh sentences.
I have provided these thoughts as a part ofthe legal bulletin board process. I am notyour attorney and no attorney-client relationsiphas been created.
Larry Bruce
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