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Evidence

  • Thread starter Thread starter molly
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molly

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I just posted a note about my boyfreinds ex being crazy. Well she got a warrent for me. She says that I left a thretening message on her answering machine. I have to go to court. If she brings the tape in and there is a message from someone but with no name can she still say it was me? I have to get out of this, I am a volunteer on the rescue squad and a college student. This really looks bad.Any suggestions?
 


I AM ALWAYS LIABLE

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by molly:
I just posted a note about my boyfreinds ex being crazy. Well she got a warrent for me. She says that I left a thretening message on her answering machine. I have to go to court. If she brings the tape in and there is a message from someone but with no name can she still say it was me? I have to get out of this, I am a volunteer on the rescue squad and a college student. This really looks bad.Any suggestions?<HR></BLOCKQUOTE>


My response:

Only you know whether or not you left the message. However, this is one case where you really need an attorney. If you go in alone, the judge will ask you various questions, with the intent of listening to your voice, and then he'll play the tape.

With an attorney, you can keep your mouth shut, and they can't ask you, directly, to say anything. Why? Because the mere sound of your voice will be a dead giveaway, and you have the right to refrain from self-incrimination under the 5th Amendment of the US Constitution. The moment you open your own mouth - - even to say, "Not guilty your Honor" - - it'll be all over. So, you really, really, need a "mouthpiece" on this one. Make the prosecutor prove you are guilty, without doing it for the prosecutor. Now, it's going to cost you, but it's a lot cheaper than having a record. And, the experience and the expense will make you "think" 3 times about leaving another untoward phone message.

IAAL


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