Can I be charged for a harassing text message if I owned both phones? 10 Answers as of June 23, 2011

The state of CA charged me with harassment for a threatening text message from my phone to my other phone. Is this legal?

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Law Office of Tracey S. Sang
Law Office of Tracey S. Sang | Tracey Sang
WHY would you do such a thing? The DA is probably not aware of your situation. At any rate, I suppose you have a viable defense.
Answer Applies to: California
Replied: 6/23/2011
The Chastaine Law Office
The Chastaine Law Office | Michael Chastaine
Ownership of the phone is not the critical issue. If the phone is possessed by another and it is being used to threaten that person, then you can be charged. Whether the charges will stick may be another issue.
Answer Applies to: California
Replied: 6/23/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
Legal? CAN they charge you? Of course. They think they can convict you. If you mean can you avoid conviction, youll get your answer at the end of the process. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a search or confession be used against you, and can you be convicted, and what can you do? No amount of free 'tips and hints' from here or anywhere else are going to effectively help you in your defense, other than the advice to exercise the 5th Amendment right to SHUT UP and do NOT talk to anyone except an attorney about the case. That includes on this or any other web site or public forum. Raise all possible defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments, for evidence suppression or other motions, or at trial. Hire an attorney, unless you know how to effectively represent yourself in court against a professional prosecutor intending to convict. He will try to get a dismissal, diversion, reduction or other decent outcome through plea bargain, or take it to trial if appropriate. If serious about hiring counsel to help you in this, and if this is in SoCal courts, feel free to contact me. Ill be happy to help use whatever defenses there may be.
Answer Applies to: California
Replied: 6/22/2011
The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
Probably depends on who had the other phone. Most people do not send themselves threatening messages.
Answer Applies to: California
Replied: 6/22/2011
Law Office of Joe Dane
Law Office of Joe Dane | Joe Dane
Yes, you can be charged. Ownership is not the issue - it's who they were directed toward.
Answer Applies to: California
Replied: 6/22/2011
    Law Offices of Martina A. Vigil, PC
    Law Offices of Martina A. Vigil, PC | Martina A. Vigil
    It depends. Even though you own the phone, does someone else have possession of the phone? It's not ownership of the phone that is in question, it's who you were sending the content to and why. Contact my office if you have any further questions.
    Answer Applies to: California
    Replied: 6/21/2011
    Law Office of Peter F. Goldscheider
    Law Office of Peter F. Goldscheider | Peter Goldscheider
    Depends who is on the other end of the phone.
    Answer Applies to: California
    Replied: 6/21/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Of course. Who owns the phone is irrelevant. If it was being used by the victim, and you knew it, then that is what matters.
    Answer Applies to: California
    Replied: 6/21/2011
    The English Law Firm
    The English Law Firm | Robert English
    Yes. Take the example where you own both phones, but you have given one to a girlfriend to use. Your text can be harassing to the person that you are texting.
    Answer Applies to: California
    Replied: 6/21/2011
    Law Offices of Elliott Zarabi
    Law Offices of Elliott Zarabi | Elliott Zarabi
    Yes, doesn't make a difference who owns the phone, it matters who is in possession. Hypothetical, I have two phones, one for me and another for my wife, i text the one in my wife's possession saying I hate her and am going to hurt her. The text was intended for my wife, and doesn't make a difference that it was sent to my phone that I own.
    Answer Applies to: California
    Replied: 6/21/2011
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