meanie former employer

[rjacobson]

What is the name of your state? California.

I received a misdemeanor ticket from the City of Corona Police Department that my former employer had them prepare. The charge is penal code 653m(c) for "annoying emails" and it seems to me it is a bogus charge as I didn't send 10 emails in a 24 hour period as the code provedes for. Whatever the case, my question is this, the ticket has a court date on it of 6-6-06, so do I have to go? Further, if I do have to go and it turns out the charge is bogus ... I think I'm just going to defend myself ... do I have any recourse against my employer for lost income as I'm currently working as a consultant on an hourly wage basis and will obviously lose some income if I have to sit in court? It doesn't seem right I have to sit in court to defend myself against what amounts to a trumped up charge by my former employer. Does this make any sense? Any help/advice would be appreciated.

ron

 

[rjacobson]

belizeBreeze

I trust this is now high enough on your adult-acting meter.

 

[outonbail]

What is the name of your state? California.

I received a misdemeanor ticket from the City of Corona Police Department that my former employer had them prepare. The charge is penal code 653m(c) for "annoying emails" and it seems to me it is a bogus charge as I didn't send 10 emails in a 24 hour period as the code provedes for.

Did you address this person(s) in an obscene or threatening manner?

653m. (a) Every person who, with intent to annoy, telephones or
makes contact by means of an electronic communication device with
another and addresses to or about the other person any obscene
language or addresses to the other person any threat to inflict
injury to the person or property of the person addressed or any
member of his or her family, is guilty of a misdemeanor.[/B] Nothing in
this subdivision shall apply to telephone calls or electronic
contacts made in good faith.
(b) Every person who makes repeated telephone calls or makes
repeated contact by means of an electronic communication device with
intent to annoy another person at his or her residence, is, whether
or not conversation ensues from making the telephone call or
electronic contact, guilty of a misdemeanor. Nothing in this
subdivision shall apply to telephone calls or electronic contacts
made in good faith.
(c) Every person who makes repeated telephone calls or makes
repeated contact by means of an electronic communication device with
the intent to annoy another person at his or her place of work is
guilty of a misdemeanor punishable by a fine of not more than one
thousand dollars ($1,000), or by imprisonment in a county jail for
not more than one year, or by both that fine and imprisonment.
Nothing in this subdivision shall apply to telephone calls or
electronic contacts made in good faith. This subdivision applies
only if one or both of the following circumstances exist:
(1) There is a temporary restraining order, an injunction, or any
other court order, or any combination of these court orders, in
effect prohibiting the behavior described in this section.
(2) The person makes repeated telephone calls or makes repeated
contact by means of an electronic communication device with the
intent to annoy another person at his or her place of work, totaling
more than 10 times in a 24-hour period, whether or not conversation
ensues from making the telephone call or electronic contact, and the
repeated telephone calls or electronic contacts are made to the
workplace of an adult or fully emancipated minor who is a spouse,
former spouse, cohabitant, former cohabitant, or person with whom the
person has a child or has had a dating or engagement relationship or
is having a dating or engagement relationship.
(d) Any offense committed by use of a telephone may be deemed to
have been committed where the telephone call or calls were made or
received. Any offense committed by use of an electronic
communication device or medium, including the Internet, may be deemed
to have been committed when the electronic communication or
communications were originally sent or first viewed by the recipient.

(e) Subdivision (a), (b), or (c) is violated when the person
acting with intent to annoy makes a telephone call requesting a
return call and performs the acts prohibited under subdivision (a),
(b), or (c) upon receiving the return call.
(f) If probation is granted, or the execution or imposition of
sentence is suspended, for any person convicted under this section,
the court may order as a condition of probation that the person
participate in counseling.
(g) For purposes of this section, the term "electronic
communication device" includes, but is not limited to, telephones,
cellular phones, computers, video recorders, fax machines, or pagers.
"Electronic communication" has the same meaning as the term defined
in Subsection 12 of Section 2510 of Title 18 of the United States
Code.

Whatever the case, my question is this, the ticket has a court date on it of 6-6-06, so do I have to go?

No, you don't have to go anywhere in this world that you do not want to go. However, the decision not to go to court on the day you are scheduled to appear, as noted on a signed citation / promise to appear, will result in a bench warrant being issued by the court for failure to appear. This is basically another charge added to the case you didn't show up for to answer to the original charge.
You could hire an attorney to appear on your behalf. They would have to file a form notifying the court that they have the right to make decisions on your behalf. I believe it's referred to as a 977.

Further, if I do have to go and it turns out the charge is bogus ...

The charge isn't bogus, it is real. Whether or not it was filed by the company for a malicious reason doesn't make it a bogus charge. The company can provide bogus information in order to have the charge filed against you, but I would imagine it's quite rare that a legitimate business would waste their time filing a police report with information they know is bogus. Has to be a real waste of time and they could be held to answer for doing so.

I think I'm just going to defend myself ...

I think you have a fool for a client!

do I have any recourse against my employer for lost income as I'm currently working as a consultant on an hourly wage basis and will obviously lose some income if I have to sit in court?

I doubt it. Unless their actions can be proven to be "outrageous", you will have no cause of action against them. In light of the fact that you will be representing yourself, proving their claims were outrageous is not something your attorney will have the ability to do.

It doesn't seem right I have to sit in court to defend myself against what amounts to a trumped up charge by my former employer.

If you think sitting in court doesn't seem right, just wait until your found guilty of the charges and you have to pay fines, do community service and try to build a successful consulting career with a business related criminal record!

Does this make any sense? Any help/advice would be appreciated.

No it doesn't, but then again, you have provided no facts surrounding the allegations against you and no facts as to why you consider them bogus and unfair.

 

[outonbail]

I trust this is now high enough on your adult-acting meter.

I'd say your high enough

 

[rjacobson]

Thanks for the input, outonbail, know any good attorney's ... other than me???

 

[CdwJava]

I received a misdemeanor ticket from the City of Corona Police Department that my former employer had them prepare.

"Had them prepare"? I presume you mean that the police completed it based upon your employer's allegations.

The charge is penal code 653m(c) for "annoying emails" and it seems to me it is a bogus charge as I didn't send 10 emails in a 24 hour period as the code provedes for.

I presume the allegations are that the person receiving these e-mails is a former girlfriend or someone with whom you had a dating relationship of some kind?

And I presume that they can prove you made 10 such phone and/or e-mail contacts within a 24-hour period. If not, you can still effectively be charged with the (a) subsection depending on the content of the messages.

Whatever the case, my question is this, the ticket has a court date on it of 6-6-06, so do I have to go?

To reinforce the prior answer: Only if you do not want to be arrested later.

Further, if I do have to go and it turns out the charge is bogus ... I think I'm just going to defend myself ... do I have any recourse against my employer for lost income as I'm currently working as a consultant on an hourly wage basis and will obviously lose some income if I have to sit in court?

If your employer is a person, and they knowingly made false allegations against you, you might have cause for a civil action against them. However, you would have to prove that he knew the allegations to be false and went forward with them anyway.

It doesn't seem right I have to sit in court to defend myself against what amounts to a trumped up charge by my former employer. Does this make any sense? Any help/advice would be appreciated.

Presumably someone at the office received these phone messages or e-mails. This person will likely back up the employer's contention. Or, is the "employer" the former romantic interest? Or are they simply acting on the person's behalf in reporting this matter?

- Carl

 

[BelizeBreeze]

Thanks for the input, outonbail, know any good attorney's ... other than me???

You have either falsely represented yourself as an attorney which will get you booted from this forum in a flash, or you are the stupidest attorney I have ever met who can't answer his own legal question.

 

[rjacobson]

You have either falsely represented yourself as an attorney which will get you booted from this forum in a flash, or you are the stupidest attorney I have ever met who can't answer his own legal question.

It was a joke, Belize ... jeesh, you have NO sense of humor, do you? Lighten up, my friend, don't take yourself, or this meaningless thing we call life, too serious. I'm not an attorney ... never want to be ... I did, however, find one for my case ... thanks for your petty insults regarding my case, you're full of love, I can tell.

 

[BelizeBreeze]

It was a joke, Belize ... jeesh, you have NO sense of humor, do you? Lighten up, my friend, don't take yourself, or this meaningless thing we call life, too serious. I'm not an attorney ... never want to be ... I did, however, find one for my case ... thanks for your petty insults regarding my case, you're full of love, I can tell.

First off, I am not your friend. all of my friends are adults and act as such. You, on the other hand, are worthless DNA

 

[rjacobson]

First off, I am not your friend. all of my friends are adults and act as such. You, on the other hand, are worthless DNA

Nice!! You're full of class, Breeze!! Peace.