Was wondering what does this offense mean exactly? My son got into an argument with his ex-girlfriend through email. He said a lot of mean and hateful things including wanting to "kill" her for the position she has put him in. (Long story) They are actually over 700 mi apart but she took the email to the prosector and my son was charged with aggravated menacing. He has to go to the state SHE lives in to go to court. Does anyone know if he can pay a waiver and plead no contest so he doesn't have to back there? Or... what other options he may have? Need aswers ASAP... lol... hes due in court the end of the month.
Thanks

This is not a traffic ticket, this is a serious crime, he needs an attorney in that state first, and if he does not show up for court they will issue a warrant for his arrest.

And no he does not want this on his record it can ruin his life stop him from getting a lot of jobs and worst.

Hello xx:

He absolutely does not want a criminal conviction. You're not doing him any favors by asking him to lay down. He needs a criminal attorney.

excon

Thanks for your input. I wasn't asking him to "lay down" on this offense. I just wasn't sure how serious of a crime this was. He is being charged with a misdemeanor, if I understood the summons correctly. In most cases, you can plead no contest and pay a waivor. The officer who served him did say however, that if he doesn't appear in court, they are to pick him up, as you said. The officer said there was a phone number on the court papers so that he can notify the court if he cannot make the hearing or whatever. I will pass your comments onto my son in any case. Thanks again.

While it may be a misdemeanor, there are various levels, and since this is one also that shows threatening, it really "looks" bad on a criminal history, and will be on his criminal history for the rest of his life, every time he applys for a job, they will ask have you ever been convicted or arrested for anything other than a traffic ticket, and guess what pile the applications that say yes go into?? Normally the round file on the floor, esp if they have dozens that say no. He may havve trouble getting some professoinal license, pay a higher price to be bonded. And the list of things goes onand on.

Of course in GA , where I was a police officer, you could not just pay and not appear, any charge like this would require you to appear ( but I do know other states are different)
But in most cases if you get an attorney those silly boy friend/ girl friend things are dismissed or redused if you just do any plea bargain at all.
Perhaps down to some harassment charge or even a distrubing the peace, (depends on how the states laws are written) But most likely a good attorney can get it all dropped and that would be much better over the years for him

Hello again xx:

I don't know what you call it, but I call a pleading of no contest, laying down for them. Even after the Padre and I have commented, you still want to brush it off. Maybe you were looking for confirmation of your beliefs rather than an answer. We get a lot of those.

Hopefully, you'll get that you OWE your children better than that.

excon

PS> I know you're not going to like what I just said. That's fine. I'm not here to make friends.

PPS> (edited) You don't even know if your son is guilty of the charges, yet you're willing to throw him to the wolves.

My main concern at this point is of course my son. I was just looking for information not telling my son to brush it off. He was asking me and I simply didn't know. Read it and take it as you want. He is trying to get his life on a better track and has gotten a better job here than he ever could in Ohio. Of course, my concern is that he may lose that job by taking time off to go up there. I know that he should have to answer for this. I am not dismissing the argument he had with his ex and what they said to each other was terrible. I would much rather the charges be dismissed by him going into court than having it on his permanent. Which, I'm sure, will be his course of action.

A good tactic for getting charges dropped is for him to press counter-charges against her. Then when the court date appears, you both agree to "take the 5th" and not testify against each other. The prosecutor then asks the judge to drop all charges for lack of evidence (since nobody is testifying) and (s)he usually happily obliges. This is no doubt the course of action an attorney would have you take if you were to retain one. Give it some thought.

Hi,
I'm new to this too, but hope this helps some...
My ex used to be able to call into court and have his say on the phone to the judge from the state he was in. I also think that because there was a threat to her life, that is why he is being charged as aggravating, so she has it on file in case he followed through... in cases of breaking up, you never know when someone could go over the edge, the pain can make people say and do terrible things they don't mean, and then there are those we never thought would... she is only playing it safe just in case, and I hope he doesn't contact her after that... best wishes to you, hope any of this helps!

Thanks for everyone's input. I think he is going to call the court in Ohio to see what he can do. Hopefully, as you say, he can have his say over the phone and not have to go up there. Trust me... they don't need to be in the same state let alone the same town. They both need to realize the seriousness of their actions including what this is doing to their daughter. I can understand her "playing it safe" since he threatened her. But... she is the type of person who loves all this drama. He just came off a 5 yr restraining order because he escorted her out of his house by her shirt sleeve. Two of his friends and my daughter were there but she said my son bashed her head into the wall which never happened. There wasn't a mark on her but she still got away with taking him to court. They all went with him but never got a chance to say their peace. I guess that's why he's in no big hurry to return to Ohio. The court system where we lived is a bit shady. Anyway, sorry got off the subject a bit. Either way he needs to address this whether he goes up there or stays here to handle. I just didn't know his rights that's why the POST and do appreciate everyone's help.

Hello again, xx:

This isn't about her. It's about a prosecutor. He's a powerful man and he wants to do your son dirty. You still aren't taking it seriously. You don't understand the process. Apparently, you think a criminal summons is like an invitation to a tea party. You know, the kind where you just call and RSVP. You've been given great advice, and you've ignored it all.

You wanted to know what your son's rights are?? I don't believe that for a minute. You wanted to know the easiest way to handle this. Indeed, if you were concerned with your son's rights, you'd hire a lawyer for him.

Instead, you're going to have him call somebody on the phone. Who? The only person who will talk to him is the prosecutor - AND HE DOESN'T WANT TO TALK TO HIM!!

I have no fear though; the courts will wake you up, if the Padre and I can't.

excon

PS> Again, I'm sure you're not going to like what I have to say. I'm cool with that.

Yes excon, I don't understand it either, the last thing you want your son to dois talk to the DA, and most certainly not the judge over the phone, (not that you could really talk to a judge instead of showing up in court on a criminal matter) They may take a statement over the phone for the DA but since there is no way to prove ID, it is not acceptable unless you are sitting at the DA in your area..

But he needs an attorney, the DA in the other area is going to do everyhting in his power to put you son in Jail, that is his job, he is not interested in justice, he is not interested in what is right, once the charge has been made his job now is to do anything he can, including trick him if possible to get him convicted. He has to look at his conviction record for his election, and protecting this "poor inocent girl" from "dangerous mean possible killer" I know that is not the case, but that is what he will show in court. Esp since there was a 5 year protective order that just got over, that will look so bad in court.

Please understand excon and I believe you, he is a great kid, and did not mean this. But in court the DA will show him as a plotting planning man who victimised this poor girl even after a order of protection.
This is very serious and not getting a lawyer and letting him talk to the people wanting to lock him away is not going to help you at all. They will ask him questions trying to get him to admit something.
Please don't have him call them, that is the worst thing you can do.

excon and I have been there we know what these people do, I used to question suspects, and we laughed at how trusting some could be, esp when they came in with their "mother" and no attorney, because they thought the system was fair and wanted to find the truth. It is suppose to, but after there is a charge, it all changes, I can remember one, the boy was driving the car where the other boys had robbed at gun point several people. We knew who we thought it was, so we called the mom and told her that if she merely bought him down we were sure he could just make a statement and then be released back to her. ( and they believed it) well he did go home I guess after 3 years. They are allowed to lie to him and you to get the evidence they need. That is why you need an attorney

That is very good advice. I guess I never looked at it from that point of view. Its not that I'm nieve to think they won't trick him because I have seen them do that to other people. I advised him to call legal aid because we can't afford to get him an attny. My husband and I both told him they will do and say anything to get you to come back to Ohio. Not to go into this alone... without an attny. So, I guess the decision is up to him. We have said all we can say and I have told him what all of you have said. However he decides to handle this, hopefully he will heed ALL OUR advice. I really appreciate everything you all have said. By the way EXCON, I can take being criticized. However, I do no like being talked down too like I am an idiot. This will be my last post on this subject as I can't make this decision for my son.

I know you don't know excon but often being brutialy frank is the only way we can get though to people, we often have only one or two posts to try and get though to people, so at times excon and I come across hard.

But to give you an example of things I have seen.
Man 18 with prior drug arress as Juv, gets into a car with a police informant, the informant has a cookie of crack under the passenger seat, already in the car. They go pick up the young man to go get high and "party" *** come on, what wild 18 year old would turn down that offer from a young lady. 18 year old does not know that much drug is in the car, Police stop them and guess what the 18 is charged with possession with intent to distribuate for the drug under his seat.

Police are using a undercover officer who is actually selling drugs out of a stakeout house, Selling a lot to many people. When two older teens work out a deal to buy a larger amount, they do a raid on their car after they get a few blocks away.

All of the info about it being an informant, or being an undercover officer never makes it into court. And I could go on and on and on.

There is a girl that was my best friend growing up for 10 years or more and about 2 years ago she ended up with my boyfriend and he decided to stay with her and dump me.. well every once in a while he would come back to me for a few days and then back to her.. well let just say I was in love with him, anyway she has been harassing me for 2 years and I haven't went down to press charges on her because I figured everything would just get worse if I did, so the other day I got papers from a police officer for a warrant for aggervated menicing and I never even said a word to her.. I saw her when I was dropping off a friend where she just happened to be and she was harassing me like usual and I didn't even say a word to her. Now I have to go to court and I'm so scared that they will try and put me in jail when I didn't do anything wrong.. I hope the system realizes she is nutz and is just trying to get me in trouble for something I didn't do. Anybody have any comments??

Why are you such a seriously... leave that poor girl alone.. she can't take advice from other people she don't need yours..