Domestic - terroristic threats MN

[Lawvesik]

I'm charged with terroristic threats. May or may not have been a felony charge when I was arrested, but I think the county attorney dropped it down to a misdemeanor charge now, I'm not sure. The county I was charged in hasn't sent me any paperwork yet. My omnibus hearing is a few weeks away and my PD is swamped with his caseload. He can be very hard to get a hold of and doesn't has much time to talk.
Backstory: My girlfriend (now ex) and I broke up. She was driving me to a friend's house to dump me off and we got in a heated argument. Nothing physical. She pulled over, got out of the car and called cops while walking down shoulder of road. I waited in car. Eventually (we were 30 miles from the nearest town) deputies showed up and hauled me in for terroristic threats.
There were no witnesses and I honestly don't even remember what I said at this point, but we were together 9 years and the breakup was pretty brutal on both of us, so probably nothing friendly. She also reported that I grabbed the wheel of the car while she was driving, this I dispute.
Q1: Is this a he-said she-said situation?
Q2: Should I go to trial or take whatever plea bargain they end up offering. If it IS a felony charge and there is no plea offer, I obviously will
Q3: If I go to trial, will they be able to present past criminal history (a few misdemeanors, one is a 3-year-old domestic against same person... yeah I did it. I'm a rat fink, but I did my time. Another is a 28 year old fight I got into at a party when I was in my early 20s, the third is a 12 year old dwi). My ex has had no criminal history.
Thanks for reading

 

[quincy]

I'm charged with terroristic threats. May or may not have been a felony charge when I was arrested, but I think the county attorney dropped it down to a misdemeanor charge now, I'm not sure. The county I was charged in hasn't sent me any paperwork yet. My omnibus hearing is a few weeks away and my PD is swamped with his caseload. He can be very hard to get a hold of and doesn't has much time to talk.
Backstory: My girlfriend (now ex) and I broke up. She was driving me to a friend's house to dump me off and we got in a heated argument. Nothing physical. She pulled over, got out of the car and called cops while walking down shoulder of road. I waited in car. Eventually (we were 30 miles from the nearest town) deputies showed up and hauled me in for terroristic threats.
There were no witnesses and I honestly don't even remember what I said at this point, but we were together 9 years and the breakup was pretty brutal on both of us, so probably nothing friendly. She also reported that I grabbed the wheel of the car while she was driving, this I dispute.
Q1: Is this a he-said she-said situation?
Q2: Should I go to trial or take whatever plea bargain they end up offering. If it IS a felony charge and there is no plea offer, I obviously will
Q3: If I go to trial, will they be able to present past criminal history (a few misdemeanors, one is a 3-year-old domestic against same person... yeah I did it. I'm a rat fink, but I did my time. Another is a 28 year old fight I got into at a party when I was in my early 20s, the third is a 12 year old dwi). My ex has had no criminal history.
Thanks for reading

You need to rely on your attorney. Your past history does not work in your favor. It can be used in sentencing.

I recommend you enroll in anger management classes before your hearing.

Good luck.

 

[Just Blue]

I'm charged with terroristic threats. May or may not have been a felony charge when I was arrested, but I think the county attorney dropped it down to a misdemeanor charge now, I'm not sure. The county I was charged in hasn't sent me any paperwork yet. My omnibus hearing is a few weeks away and my PD is swamped with his caseload. He can be very hard to get a hold of and doesn't has much time to talk.
Backstory: My girlfriend (now ex) and I broke up. She was driving me to a friend's house to dump me off and we got in a heated argument. Nothing physical. She pulled over, got out of the car and called cops while walking down shoulder of road. I waited in car. Eventually (we were 30 miles from the nearest town) deputies showed up and hauled me in for terroristic threats.
There were no witnesses and I honestly don't even remember what I said at this point, but we were together 9 years and the breakup was pretty brutal on both of us, so probably nothing friendly. She also reported that I grabbed the wheel of the car while she was driving, this I dispute.
Q1: Is this a he-said she-said situation?
Q2: Should I go to trial or take whatever plea bargain they end up offering. If it IS a felony charge and there is no plea offer, I obviously will
Q3: If I go to trial, will they be able to present past criminal history (a few misdemeanors, one is a 3-year-old domestic against same person... yeah I did it. I'm a rat fink, but I did my time. Another is a 28 year old fight I got into at a party when I was in my early 20s, the third is a 12 year old dwi). My ex has had no criminal history.
Thanks for reading

I'm just going to comment on Q1. This is not a he-said she-said. This would be a he-doesn't remember and she-does situation.

 

[quincy]

Here is a link to the terroristic threats law in Minnesota:
https://www.revisor.mn.gov/statutes/cite/609.713

 

[Lawvesik]

I'm just going to comment on Q1. This is not a he-said she-said. This would be a he-doesn't remember and she-does situation.

But would that still be 'guilty beyond a reasonable doubt' in a trial situation?

 

[Zigner]

But would that still be 'guilty beyond a reasonable doubt' in a trial situation?

Maybe...
Which is why you need to work with your attorney.

 

[quincy]

But would that still be 'guilty beyond a reasonable doubt' in a trial situation?

The standard of proof in a criminal action is beyond a reasonable doubt.

Your girlfriend was found by the police outside the car 30 miles from town, which could be used to support her words (and the charge against you).

 

[Lawvesik]

You need to rely on your attorney. Your past history does not work in your favor. It can be used in sentencing.

I recommend you enroll in anger management classes before your hearing.

Good luck.

I'm looking into them now, thanks for the tip.

 

[quincy]

Good. The court will take into account your efforts to proactively address what it will no doubt see as an underlying problem.

There are court-sanctioned anger management programs. You will want to enroll in one of these programs. You can ask your attorney or the court for recommendations.

Good luck.

 

[Lawvesik]

The standard of proof in a criminal action is beyond a reasonable doubt.

Your girlfriend was found by the police outside the car 30 miles from town, which could be used to support her words (and the charge against you).

Don't mean to read too much into your reply but, if that counts as evidence against me and I have none at all for me, then she would win. Ergo: take plea if offered and avoid trial

 

[Zigner]

Don't mean to read too much into your reply but, if that counts as evidence against me and I have none at all for me, then she would win. Ergo: take plea if offered and avoid trial

No, you are taking the wrong thing away from it. The thing you need to take from this thread is that you need to work with your attorney.

 

[PayrollHRGuy]

Don't mean to read too much into your reply but, if that counts as evidence against me and I have none at all for me, then she would win. Ergo: take plea if offered and avoid trial

That is only a decision you should make with the counsel of your lawyer. You should not downplay what future would be employers will think when they see the words "Threaten violence; intent to terrorize" on a background check. In this day and time they are only going to see the "Terror" part.

 

[quincy]

Don't mean to read too much into your reply but, if that counts as evidence against me and I have none at all for me, then she would win. Ergo: take plea if offered and avoid trial

All facts will be considered. Your girlfriend's statements will be given only the weight they deserve based on all of the evidence presented.

You are not in an enviable position based strictly on what you have posted here. That is why I recommend you start preparing for your court hearing by enrolling in a program to address anger issues. Your attorney will work with you and the prosecutor to get you the best outcome possible.

You should discuss with your attorney the pros and cons of going to trial over any plea agreement fashioned by the prosecutor.

Most cases of all kinds will be settled without a trial but, before agreeing to any plea deal, make sure you understand fully what you are agreeing to and the consequences for you that will come from the agreement.

Do NOT agree to anything until you completely understand the ramifications.

Good luck.

 

[xylene]

Lets be realistic. You drove your ex out of the car with your conduct and then 'occupied' her car... and you have DV prior. With her.

You PD is not spending a lot of time on you because you are very likely sunk.

She was scared enough to start walking 30 miles, but you figured you'd post up in the car and wait till she saw things your way... and you think this is about who said what.

You need to smarten up. This isn't a a bogus accusation.

 

[quincy]

I disagree. The public defender probably has a large case load and must ration his time accordingly.

The public defender will devote time to Lawvesik's case when the case requires it. The attorney's job, however, is to represent Lawvesik. Lawvesik as client can, and should, demand that his case get the full attention it deserves.

Defense attorneys will defend all of their clients to the best of their ability regardless of any personal beliefs they may have of guilt or innocence.