What is the name of your state? Arizona
A friend of mine (let us call him Adam), age 18, who lives in Arizona, was recently arrested for "making threatening phone calls." Allegedly, Adam used a pre-recorded sound board to make life-threatening phone calls.
Essentially, the phone was being dialed to a random number, then the handle of the phone was held up to a computer speaker. Then, clips from famous movies were played. Examples include Arnold Shwartzenegger (and other actors) shouting "What is your name??," various obscenities, and/or a variety of other messages that would make for a humorous prank call. The major problem is that several of the clips from these movies include violent phrases such as "I am going to destroy you!!" Under the most literal of interpretations, this can be interpreted as sending a life-threatening message over the phone.
Please allow me to re-iterate that no one actually spoke into the phone; all messages that were transmitted were clips from famous movies, and as such it was impossible for whoever made the call to literally make a death-threat to the receiver.
If I may say so, it would take someone with the density of lead to not realize that these messages were not only pre-recorded clips from famous movies, but also intended to be humorous and not actually threatening in any way. However, one person on the receiving end of these calls was most unappreciative and called the cops. The call was traced back to my friend's location where he was then arrested.
The sound boards hosted on the internet site that enable these prank calls, is also the host of several audio clips where others use the same sound board to make humorous prank calls. There is no disclaimer on the site as to legal ramifications if one were to copy this behavior. It is likely that whomever made these prank calls thought that, at most, this activity could result in a slap on the wrist.
My friend was in jail for several days before being bailed out by his family. He currently awaits court, where he may be charged with making death-threats, and could possibly receive several years in prison for (allegedly) playing a simple practical joke by copying a humorous internet website.
To further complicate matters, my friend may not have been the one who was actually performing these prank calls. (In fact, he probably was not.) During the time these calls were made, he was in the house with a friend of his. (Let's call him Roy.) Adam says that Roy was making the prank calls, not him. Adam says he did not assist Roy in any way, whatsoever. Adam says he was merely an observer, and did not condone the actions of his friend, but did not try to physically stop him either.
Now, Adam has no previous record. However, Roy DOES have a previous criminal record. It is a small, non-violent criminal record involving no serious crimes, but it is a criminal record nonetheless. According to Adam, Roy convinced him that if he was caught making these prank calls, that Adam should take the fall. The explanation was, since Adam had no previous record, he would get nothing but a slap on the wrist for such a minor offense. Adam says he agreed to this-- mainly because he didn't think that the police would actually get involved. When the cops really did show up, he felt pressured to say that he was the one responsible for the crime.
Let me reiterate that Adam has essentially told the cops he was guilty of the crime, and that is why he was arrested rather than Roy. However, he has not signed any papers confessing his guilt, nor has he been to been inside a courtroom or talked to a lawyer yet. After speaking to Adam now that he is bailed out, he has told me that he intends to tell (what he says) is the truth to the court: that he did not actually make the prank calls, and that he was pressured into saying he was guilty due to peer pressure.
The story resonates with me. Knowing both Adam and Roy, and how they interact with one another, it seems likely to me that Adam would have been convinced to "take the fall." However, Roy intends to tell the court that Adam was the one making the calls. As well, the owner of the house who was at work during the incident will likely take Roy's side.
My friend needs some major consultation. I don't think it's fair that a few prank calls-- wether or not he was responsible for them-- should be allowed to totally ruin his life and send him to jail, potentially for years. It takes the most maniacal sort of lawyer to manipulate a prank call into a death-threat. Justice will absolutely not be served if anyone is allowed to go to jail for this silly incident.
My specific questions are as follows:
1.) How can Adam prove to the court that he was not the one responsible for the prank calls when 1 (or possibly 2) people will testify that it was him? (Noting that Roy will say so because of the possibility of being charged himself, and that the second could not have known what really happened because he was at work.)
2.) If Adam is indeed responsible, or in the eyes of the court is unable to prove that he is not responsible, what is the best way for him to defend himself? How can he make sure this is seen as a silly prank call, and not a death-threat?
3.) Does the web site that hosts these prank calls and sound boards have any legal responsibility for the situation? Can this website be used to mitigate Adam's responsibility for the calls?
4.) Are there any precedents to this sort of case that can be used as a reference?
5.) Any other advice from someone with legal expertise is welcome, as well as advice from anyone at all.
A friend of mine (let us call him Adam), age 18, who lives in Arizona, was recently arrested for "making threatening phone calls." Allegedly, Adam used a pre-recorded sound board to make life-threatening phone calls.
Essentially, the phone was being dialed to a random number, then the handle of the phone was held up to a computer speaker. Then, clips from famous movies were played. Examples include Arnold Shwartzenegger (and other actors) shouting "What is your name??," various obscenities, and/or a variety of other messages that would make for a humorous prank call. The major problem is that several of the clips from these movies include violent phrases such as "I am going to destroy you!!" Under the most literal of interpretations, this can be interpreted as sending a life-threatening message over the phone.
Please allow me to re-iterate that no one actually spoke into the phone; all messages that were transmitted were clips from famous movies, and as such it was impossible for whoever made the call to literally make a death-threat to the receiver.
If I may say so, it would take someone with the density of lead to not realize that these messages were not only pre-recorded clips from famous movies, but also intended to be humorous and not actually threatening in any way. However, one person on the receiving end of these calls was most unappreciative and called the cops. The call was traced back to my friend's location where he was then arrested.
The sound boards hosted on the internet site that enable these prank calls, is also the host of several audio clips where others use the same sound board to make humorous prank calls. There is no disclaimer on the site as to legal ramifications if one were to copy this behavior. It is likely that whomever made these prank calls thought that, at most, this activity could result in a slap on the wrist.
My friend was in jail for several days before being bailed out by his family. He currently awaits court, where he may be charged with making death-threats, and could possibly receive several years in prison for (allegedly) playing a simple practical joke by copying a humorous internet website.
To further complicate matters, my friend may not have been the one who was actually performing these prank calls. (In fact, he probably was not.) During the time these calls were made, he was in the house with a friend of his. (Let's call him Roy.) Adam says that Roy was making the prank calls, not him. Adam says he did not assist Roy in any way, whatsoever. Adam says he was merely an observer, and did not condone the actions of his friend, but did not try to physically stop him either.
Now, Adam has no previous record. However, Roy DOES have a previous criminal record. It is a small, non-violent criminal record involving no serious crimes, but it is a criminal record nonetheless. According to Adam, Roy convinced him that if he was caught making these prank calls, that Adam should take the fall. The explanation was, since Adam had no previous record, he would get nothing but a slap on the wrist for such a minor offense. Adam says he agreed to this-- mainly because he didn't think that the police would actually get involved. When the cops really did show up, he felt pressured to say that he was the one responsible for the crime.
Let me reiterate that Adam has essentially told the cops he was guilty of the crime, and that is why he was arrested rather than Roy. However, he has not signed any papers confessing his guilt, nor has he been to been inside a courtroom or talked to a lawyer yet. After speaking to Adam now that he is bailed out, he has told me that he intends to tell (what he says) is the truth to the court: that he did not actually make the prank calls, and that he was pressured into saying he was guilty due to peer pressure.
The story resonates with me. Knowing both Adam and Roy, and how they interact with one another, it seems likely to me that Adam would have been convinced to "take the fall." However, Roy intends to tell the court that Adam was the one making the calls. As well, the owner of the house who was at work during the incident will likely take Roy's side.
My friend needs some major consultation. I don't think it's fair that a few prank calls-- wether or not he was responsible for them-- should be allowed to totally ruin his life and send him to jail, potentially for years. It takes the most maniacal sort of lawyer to manipulate a prank call into a death-threat. Justice will absolutely not be served if anyone is allowed to go to jail for this silly incident.
My specific questions are as follows:
1.) How can Adam prove to the court that he was not the one responsible for the prank calls when 1 (or possibly 2) people will testify that it was him? (Noting that Roy will say so because of the possibility of being charged himself, and that the second could not have known what really happened because he was at work.)
2.) If Adam is indeed responsible, or in the eyes of the court is unable to prove that he is not responsible, what is the best way for him to defend himself? How can he make sure this is seen as a silly prank call, and not a death-threat?
3.) Does the web site that hosts these prank calls and sound boards have any legal responsibility for the situation? Can this website be used to mitigate Adam's responsibility for the calls?
4.) Are there any precedents to this sort of case that can be used as a reference?
5.) Any other advice from someone with legal expertise is welcome, as well as advice from anyone at all.