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phone threat charge
Posted by: veryworried ()
Date: November 20, 2010 11:04AM

OK, I did it, but what happens next?

I did tell someone I was going to hurt them. They filed a police complaint.

Now, the police came and arrested me and there's a trial coming up.

How is Fairfax on first-time offenders?

Is there any hope of probation only?

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Re: phone threat charge
Posted by: Good Sound Advice ()
Date: November 20, 2010 11:28AM

What type of threat was made, ie simple assault or something wwith a weapon or even death. This is important.

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Re: phone threat charge
Posted by: Good Sound Advice ()
Date: November 20, 2010 11:37AM

Oh, and did you admit to law enforcement that you did it?

And what relationship is the complaintant to you?

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Re: phone threat charge
Posted by: veryworried ()
Date: November 20, 2010 11:40AM

answers and thanks for the advise.

I did not admit anything to law enforcement but they did ask a lot of questions when they arrested me.

I made phone calls threatening harm.

I made the calls to someone I'm angry at but they are not family.

Even though I did not mentions guns in the call I do have them and the person knows I have them.

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Re: phone threat charge
Posted by: Good Sound Advice ()
Date: November 20, 2010 11:45AM

So you possibly "implied" to the person that guns could be used?

My guess is you have already pleaded guilty to either "making harassing or threatening phone calls" or " making terroristic threats"?

I understand if you do not wish to disclose the exact words of your threat, that would be showing your hand. But in a general sense was the threat "I;m going to kill you", "I'm going to fuck you up" "I am going to kill you with a (shotgun/.44/kinife)" or "I'm going to get you" ?

The more vague the threat, the better for you at sentencing.

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Re: phone threat charge
Posted by: 496 ()
Date: November 20, 2010 12:14PM

Was it Chuck Hoffman you threatened?

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Re: phone threat charge
Posted by: veryworried ()
Date: November 20, 2010 12:17PM

I said I was going to beat him so hard he'd be in the emergency room.

I said I was going to hurt his family.

I did remind him that I had a room full of guns.

I did not plead anything yet.

I do not have $$$ for an attorney, one I talked to wanted $5000.

Am I screwed?

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Re: phone threat charge
Posted by: Good Sound Advice ()
Date: November 20, 2010 12:40PM

$5000 seems like a lot for representation on a case like that. I would seriously weigh your options before accepting a plea.A jury trial may be the best route.

Fairfax County is a nice place, but their justice system is corrupt and built on the almighty dollar. I was convicted of attempted murder and sexual assault in the early 1980's and it was a nightmare. It ruined me, I had never hurt a fly until that one moment. It was as if the Commonwealths Attorney could take my whole soul and throw it away for what I did with less then 10 minutes of my entire life. He didn't KNOW me and couldn't care less about me and my life.

A bunch of self-righteous and moralizing bastards they all are. The so-called cops and lawyers love to use cases like yours and mine to distract the American people from the REAL problems. We have real dangers like Bristol Palin and Joe the Plumber, I mean wake up America!

You are not a bad person, I can tell by your typing. I would refuse any plea and demand court appointed counsel.You should really stand up for yourself, even if it means going to prison for several years.Fight the power.

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Re: phone threat charge
Posted by: ThePackLeader ()
Date: November 20, 2010 01:08PM

At least let us know what this individual did to garner your wrath!

==================================================================================================
"And if any women or children get their legs torn off, or faces caved in, well, it's tough shit for them." -2LT. Bert Stiles, 505th, 339th (On Berlin Bombardier Mission, 1944).

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Re: phone threat charge
Posted by: Empathy for you ()
Date: November 20, 2010 03:46PM

veryworried,

I don't think that you are screwed. I do think that without an attorney, you might have a difficult time representing yourself.

Saying this from experience-- DMV didn't like the way I behaved and charged me with tyring to damage the ocular machine. I went to court; didn't want to hire an attorney, but I did.

I'm glad that I did. My attorney told me that I looked as pale as a ghost when he entered the courtroom. I could have rc'd a year in prison and or fine. I was given a year probation & had to stay out of local Franconia DMV for a period of 12 months. I also owed a fine.

When do you go to trial? See if you can find an attorney to represent you for less money than $5,000.

Good luck!

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Re: phone threat charge
Posted by: ThePackLeader ()
Date: November 20, 2010 05:36PM

Empathy for you Wrote:
-------------------------------------------------------
> veryworried,
>
> I don't think that you are screwed. I do think
> that without an attorney, you might have a
> difficult time representing yourself.
>
> Saying this from experience-- DMV didn't like the
> way I behaved and charged me with tyring to damage
> the ocular machine. I went to court; didn't want
> to hire an attorney, but I did.
>
> I'm glad that I did. My attorney told me that I
> looked as pale as a ghost when he entered the
> courtroom. I could have rc'd a year in prison and
> or fine. I was given a year probation & had to
> stay out of local Franconia DMV for a period of 12
> months. I also owed a fine.
>
> When do you go to trial? See if you can find an
> attorney to represent you for less money than
> $5,000.
>
> Good luck!

I completely feel you with regard to that vision testing machine. I hated the damn thing too, especially when they failed me (Even though I passed it). They said that I "Took too long".

==================================================================================================
"And if any women or children get their legs torn off, or faces caved in, well, it's tough shit for them." -2LT. Bert Stiles, 505th, 339th (On Berlin Bombardier Mission, 1944).

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Re: phone threat charge
Posted by: LuLu ()
Date: November 20, 2010 05:41PM

The fact is that you did it and your probably meant it and might even still do it. Just accept the consequences b/c you deserve it! That lawyer is trying to screw you, but whatever b/c if you really don't have the money you can get a sleazy public defender with 80 other clients.

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Re: phone threat charge
Posted by: Bill N ()
Date: November 20, 2010 06:01PM

Do you really have no $$$ for an attorney, as in you have no resources and meet the Virginia requirements for indigent? If so you can get a public defender. Virginia is only required to appoint an attorney for you if you are indigent and if they are looking to put you in jail. Knowing this bit of information can provide your first clue to how aggressive they are going to go after you. Ask for one at your initial hearing. If they know up front that they probably won't seek jail time the Assistant Commonwealth Attorney may waive jail time up front so the Court does not have to appoint one (and the state pay for it).

If they are going to seek jail time and you are indigent, the Court will appoint an attorney to represent you. Court appointed attorneys get a bad rap and in a few cases it is justified. However quite often you can get someone who is competent and fairly motivated. You are not obligated to use the Court appointed attorney. However absent something extraordinary the Court is only going to offer you one attorney. Still you do have the option of going out and hiring someone else on your own if the attorney the Court appoints is not to your liking.

If you don't meet the standards for indigent then you are going to have to come up with the money to hire someone. Virginia is cheap when it comes to paying for criminal defense, but the standards for indigent are high enough so that if you don't qualify you should have enough resources to hire someone. Of course "enough" is determined on a gross rather than a net level, so it may mean having to skip paying other bills or having to take out loans against your house or car.

Whether $5,000 is a reasonable amount to pay depends on what type of penalty you are facing, how aggressive a defense you are hoping to mount and what if any investigation needs to be made by the attorney. In this area you should figure that a competent experienced attorney is expecting to make at least $200 per hour (and probably more) on non-Court appointed cases, in addition to whatever he or she has to pay for outside expenses.

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Re: phone threat charge
Posted by: do not admit to anything ()
Date: November 20, 2010 07:04PM

If you did not admit to anything there is no proof other than the fact you had called the person at night. Did she record the call? If not you are in the clear. However if u did admit to threatening her, your fucked and will need an attourney. Even if you asked her to drop the case, the commonwealth might still bite you in the ass :/

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