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    phantompower's Avatar
    phantompower Posts: 4, Reputation: 1
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    #1

    Jul 3, 2010, 10:26 AM
    How do you defend yourself in court after threatening to kill somebody in California
    My little brother was under a lot of pressure and very upset about his impending divorce and made threatening calls to his wife. He was a arrested and I was wondering how to help him... besides getting him into therapy... How do I help keep him out of jail?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Jul 3, 2010, 11:00 AM

    You get the very best Attorney you can afford - someone experienced in these matters.

    Obviously threatening to kill a spouse is taken very seriously in every State.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Jul 3, 2010, 11:01 AM

    Little you can do.

    1. he needs not to make any statements and not admit he did this.
    2. in fact deny it and make her prove it in court.
    Get the best attorney possible
    phantompower's Avatar
    phantompower Posts: 4, Reputation: 1
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    #4

    Jul 3, 2010, 12:28 PM
    What if he was under the influence... of say Xanax? He purchased them illegaly I am sure but wouldn't that be some sort of issue for them to send him to jail... What I am hoping is that he has to do drug rehab and anger managemnet... something to help him understand his emotions so he can be the person he has shown he can be... and not some angry-hurting 30 yr old that feels the world owes him something. Any chance they would do that instead of jail?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #5

    Jul 3, 2010, 12:46 PM
    Quote Originally Posted by phantompower View Post
    Any chance they would do that instead of jail?
    Hello p:

    Assuming this is his first offense, he won't go to jail anyway. To make certain of that, get a good lawyer for him.

    excon
    phantompower's Avatar
    phantompower Posts: 4, Reputation: 1
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    #6

    Jul 3, 2010, 01:53 PM
    Thanks guys
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #7

    Jul 4, 2010, 04:52 AM
    Quote Originally Posted by phantompower View Post
    disagree


    You have totally misused the reddie/greenie system -

    First, I actually work in the field of law.

    Second, what part of my post didn't you agree with? The part that your brother needs a good Attorney OR the part about States taking threats to kill your spouse seriously? Someone obviously took him seriously or he wouldn't be sitting in a jail cell.

    These charges are not a joke. You CAN get jail time in NY. As far as the good Attorney, well, I still don't know what your disagreement is about. Perhaps you'd prefer that he hire an incompetent Attorney - ?

    And now on top of everything else he's taking Xanax illegally and that's going to be his defense, "The prescription drugs I bought on the street made me do it," keeping in mind that this in itself is a felony?

    I stand by my original advice but now I've changed it to an excellent Attorney.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #8

    Jul 4, 2010, 10:06 AM

    Having him volunteer the information about buying illegal drugs won't go over very well in court. And the weak defense of the "drugs" made me do this won't go over either. As everyone here has advised you - get a great attorney and he will probably get off with probation where he HAS to remain incident free for so many months. The old saw of rehab won't do him any good in this situation. By all means do have him attend some anger management classes so he doesn't do this again in a big hurry.
    phantompower's Avatar
    phantompower Posts: 4, Reputation: 1
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    #9

    Jul 5, 2010, 02:49 AM
    Comment on JudyKayTee's post
    I hit the greenie thing or reddie wrong. I thank you for your time and advice.

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