Legal Question in Criminal Law in Georgia

Phone calls to an elected official.

Hello,

Can you tell me if calls to an elected offical can be grounds for arrest and extradition (no bond)? The calls were NOT of any threating nature. There were 9 calls over a period of a number of years stating the offical (a sheriff) was abusing his power. The accused has not been in that state for a number of years. All was over a child custody battle between the acused and the Sherif's neice. Then, after a year, one more call was made and logged by the secretary of the Sheriff that had stated the same message. For that last call, it turned to aggravated stalking and he has not yet been indicted (but he is held without bail). There is way more to the story of how he sheriff did indeed abuse the power but, my main question as regarding political views that were NOT any form of phyiscal threat, et.....


Asked on 2/10/07, 5:44 pm

1 Answer from Attorneys
David Heroux Haymaker & Heroux P.C.

Re: Phone calls to an elected official.

What it sounds like you are raising is a 1st amendment defense. However, the time, place and frequency of the calls are what the criminal charge addresses. There may be a defense based upon the chilling effect the application of this statute will have on free speech, but that defense is very technical. It is clear that the person charged in your question is in need of a lawyer. If you or he would like to discuss the case, I may be reached through my website and the toll free number provided on the home page at TennesseeDefense.com. The consultation is free.

David R. Heroux

Attorney at Law

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Answered on 2/10/07, 10:31 pm


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