• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Phone harrassment

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

kathi2047

Junior Member
What is the name of your state? TN
I have 2 phone harassment charges that I have arraignment for on Saturday. I am not taking a lwayer b/c of the cost. Does anyone know what the outcome would likely be? I am possibly guilty of 1 charge, but not the other. Also the persons charging me also called me except I didn't keep there msgs, I only have a phone bill that shows proof of that. Any advice?
 


seniorjudge

Senior Member
kathi2047 said:
What is the name of your state? TN
I have 2 phone harassment charges that I have arraignment for on Saturday. I am not taking a lwayer b/c of the cost. Does anyone know what the outcome would likely be? I am possibly guilty of 1 charge, but not the other. Also the persons charging me also called me except I didn't keep there msgs, I only have a phone bill that shows proof of that. Any advice?
Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts.

Don't chew gum, smoke, or eat. (Smokers...pot or tobacco...literally stink. Remember that before you head for court.)

Bathe and wash your hair.

Do not bring small children or your friends.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and that the ticket not go on your record, if applicable. Ask also about getting a hardship driving permit, if applicable.

From marbol:

“Judge...

You forgot the one thing that I've seen that seems to frizz up most judges these days:

If you have a cell phone, make DAMN SURE that it doesn't make ANY noise in the courtroom. This means when you are talking to the judge AND when you are simply sitting in the court room.

If you have a ‘vibrate’ position on your cell phone, MAKE sure the judge DOESN'T EVEN HEAR it VIBRATE!

Turn it off or put it in silent mode where it flashes a LED if it rings. AND DON'T even DREAM about answering it if it rings.”

(Better yet, don’t carry your cell phone into the courtroom.)


Here are five stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I’ve been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter is pregnant/sick/dying/dead/crippled and needs my help.

3. I’ve got a job in [name a state five hundred miles away].

4. This is the first time I ever did this.

5. You’ve got the wrong guy. (A variation of this one is the phantom defendant story: “It wasn’t me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off.” Or, another variation: “I was forced into it by a bad guy!”)

https://forum.freeadvice.com/showthread.php?p=854687#post854687

Public defender’s advice

http://newyork.craigslist.org/about/best/sfo/70300494.html


Other people may give you other advice; stand by.
 

margiek

Member
seniorjudge said:
Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts.

Don't chew gum, smoke, or eat. (Smokers...pot or tobacco...literally stink. Remember that before you head for court.)

Bathe and wash your hair.

Do not bring small children or your friends.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and that the ticket not go on your record, if applicable. Ask also about getting a hardship driving permit, if applicable.

From marbol:

_Judge...

You forgot the one thing that I've seen that seems to frizz up most judges these days:

If you have a cell phone, make DAMN SURE that it doesn't make ANY noise in the courtroom. This means when you are talking to the judge AND when you are simply sitting in the court room.

If you have a _vibrate_ position on your cell phone, MAKE sure the judge DOESN'T EVEN HEAR it VIBRATE!

Turn it off or put it in silent mode where it flashes a LED if it rings. AND DON'T even DREAM about answering it if it rings._

(Better yet, don_t carry your cell phone into the courtroom.)


Here are five stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I_ve been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter is pregnant/sick/dying/dead/crippled and needs my help.

3. I_ve got a job in [name a state five hundred miles away].

4. This is the first time I ever did this.

5. You_ve got the wrong guy. (A variation of this one is the phantom defendant story: _It wasn_t me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off._ Or, another variation: _I was forced into it by a bad guy!_)

https://forum.freeadvice.com/showthread.php?p=854687#post854687

Public defender_s advice

http://newyork.craigslist.org/about/best/sfo/70300494.html


Other people may give you other advice; stand by.

Were you asked not to call? Also were your messages threating?
If so you may need a lawyer. I think you should investagate phone harrassment a little further
before you decided not to get a lawyer because of the cost. Such a thing as a court appointed attorney.
 
Last edited:

kathi2047

Junior Member
I was not asked not to call. The situation runs a little deep. The charges are from ex boyfriend and new girlfriend, the ex and I own a house together and he is not making the payments on time (we agreed when we split he'd keep the house but refinance) I was trying to comunicate with him to come to an agreement for him to re-finance or we sell and could not get anywhere, I called the new girl thinking she might be able to talk some since into him, after she left me several ugly msgs I responded with 5 or 6 tacky text msgs (that I had slept with him, etc...) those calls turned into these charges, since then I knew that there was no other way than court to settle the house matter, we are now pending a partition sale of the house and I no longer worry about the late payments it's beyond my control. I have so much cost from the lawyer for the partition case and also an Order of Protection they filed after the phone harrasment that I can't afford a layer for this. I was going to get a public defender but was told I only had 10 days after bail to do that, at that time I figured I could afford it, now that I have paid all these other costs I don't know what to do. I never ever threatened either person, I just wanted to make arrangements for the house we bought together and it lead to all this. My thought is he filed the charges to keep me away from MY house.
 
J

Justice_Seeker

Guest
kathi2047 said:
What is the name of your state? TN
I have 2 phone harassment charges that I have arraignment for on Saturday. I am not taking a lwayer b/c of the cost. Does anyone know what the outcome would likely be? I am possibly guilty of 1 charge, but not the other. Also the persons charging me also called me except I didn't keep there msgs, I only have a phone bill that shows proof of that. Any advice?

GET YOURSELF A GOOD LAWYER!

This is one area where one should not really be so cost conscious.

Borrow the cash for the attorney if you have to.

You may come across a sob judge who doesn't like your name, face, voice, mannerisms, or who just had a bad day, etc., and will throw the book at you irrespective of the merit of your defense.
 
Last edited:

margiek

Member
kathi2047 said:
I was not asked not to call. The situation runs a little deep. The charges are from ex boyfriend and new girlfriend, the ex and I own a house together and he is not making the payments on time (we agreed when we split he'd keep the house but refinance) I was trying to comunicate with him to come to an agreement for him to re-finance or we sell and could not get anywhere, I called the new girl thinking she might be able to talk some since into him, after she left me several ugly msgs I responded with 5 or 6 tacky text msgs (that I had slept with him, etc...) those calls turned into these charges, since then I knew that there was no other way than court to settle the house matter, we are now pending a partition sale of the house and I no longer worry about the late payments it's beyond my control. I have so much cost from the lawyer for the partition case and also an Order of Protection they filed after the phone harrasment that I can't afford a layer for this. I was going to get a public defender but was told I only had 10 days after bail to do that, at that time I figured I could afford it, now that I have paid all these other costs I don't know what to do. I never ever threatened either person, I just wanted to make arrangements for the house we bought together and it lead to all this. My thought is he filed the charges to keep me away from MY house.
Call the clerk of the court ask is it possible to retain a court appointed lawyer.
You don't have to pay up front besides you only pay if you are found guilty,even so they will work with you. It cost you nothing to ask.
It could cost you a lot more in the long run if you don't.
 

Ohiogal

Queen Bee
margiek said:
Call the clerk of the court ask is it possible to retain a court appointed lawyer.
You don't have to pay up front besides you only pay if you are found guilty,even so they will work with you. It cost you nothing to ask.
It could cost you a lot more in the long run if you don't.
Where the heck are you getting this information? Attorneys for criminal defense do NOT work on contingency. No way no how. They work hourly normally though some will charge a flat fee. Attorneys will require a retainer so that they at least get some money. Guilty people don't like to pay their bills because they get ticked off at the lawyer because they were found guilty for whatever they did.
 

margiek

Member
Ohiogal said:
Where the heck are you getting this information? Attorneys for criminal defense do NOT work on contingency. No way no how. They work hourly normally though some will charge a flat fee. Attorneys will require a retainer so that they at least get some money. Guilty people don't like to pay their bills because they get ticked off at the lawyer because they were found guilty for whatever they did.
My information came from a personal situtation, I guess this was an exception to the rule. I apologize if this was miss leading to the OP.
 

seniorjudge

Senior Member
margiek said:
My information came from a personal situtation, I guess this was an exception to the rule. I apologize if this was miss leading to the OP.
If you had a lawyer do criminal work for you on a contingency fee basis, then you had a very stupid (not to mention unethical) attorney working for you.
 

acmb05

Senior Member
seniorjudge said:
If you had a lawyer do criminal work for you on a contingency fee basis, then you had a very stupid (not to mention unethical) attorney working for you.
I think what the poster was trying to say was if the OP gets a court appointed attorney that they do not charge up front. They can bill you for the hours though at the end of trial.
 

seniorjudge

Senior Member
acmb05 said:
I think what the poster was trying to say was if the OP gets a court appointed attorney that they do not charge up front. They can bill you for the hours though at the end of trial.
That's not what the post said:

margiek said:
Call the clerk of the court ask is it possible to retain a court appointed lawyer.
You don't have to pay up front besides you only pay if you are found guilty,even so they will work with you. It cost you nothing to ask.
It could cost you a lot more in the long run if you don't.
 

margiek

Member
acmb05 said:
I think what the poster was trying to say was if the OP gets a court appointed attorney that they do not charge up front. They can bill you for the hours though at the end of trial.
You are correct and that is what I ment, again sorry if it was misleading.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top