My question involves criminal law for the state of: tx
if there was no physical evidence (devices, plans, maps anything that can be used) can the state/DA convict someone for calling a hotline and having there words misunderstood as a bomb threat (metaphorically speaking) while trying asking for help?
Felony Bomb Threat Charge
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12-17-2012, 09:41 PMboxing750Felony Bomb Threat Charge
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12-17-2012, 09:56 PMMr. KnowitallRe: Felony Threat
It will depend on the facts.
If you're charged with the crime at issue, discuss the facts with your lawyer. -
12-17-2012, 10:02 PMboxing750Re: Felony Threat
what do you mean by crime at issue?
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12-18-2012, 06:49 AMMr. KnowitallRe: Felony Threat
The crime we're discussing.
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12-18-2012, 08:19 AMaardvarcRe: Felony Bomb Threat ChargeThe state brings the charge. It's a JURY that convicts. Can the jury determine guilt beyond a reasonable doubt? We can't possibly know that - we're not the particular members of the jury, nor have we seen any of the state's evidence. But notice the word "threat" and how it doesn't require the ACTUAL existence of a device.Quote:
Quoting boxing750
If you are charged with a crime, speak to a criminal defense attorney. -
12-18-2012, 09:20 PMboxing750Re: Felony Bomb Threat Charge
-even though calls to crisis lines arent recorded which i wish it was cuz then this wouldnt have happen, how can they determine if your guity with no evidence, what causes them to determine a innocent persons future like that?
-how long do these cases take?
-how long from the arrest date does the right to a speedy trail become violated? -
12-18-2012, 11:58 PMaardvarcRe: Felony Bomb Threat Charge
Testimony of the person who took the call IS evidence. As is testimony of any other person or persons with knowledge of the call (such as other people in the room, a supervisor who was notified about the call, etc.). If you think a recording of the call, or lack thereof, is the center of the case, I assure you it's not. Is that enough for a jury to find you're guilty? Again, we can't see the prosecution's case from here. If charged with a crime, as we KEEP telling you - you need to speak to a criminal defense attorney who can OBTAIN the evidence and evaluate the strength or weakness of the state's case against you.
How long the case takes depends on the docketing schedule of your local courts - again, something we can't see from here. Could take up to a year.
Speedy trial issues don't occur at a specified time - they occur when your defense attorney makes a challenge on those grounds. Multiple delays are, unfortunately, common in our overburdened court systems, but delays alone generally aren't going to get your case tossed.
Get offline, and go sit down with a few criminal defense attorneys who practice in your local courts. THEY are going to be the only ones who are going to be able to answer the questions you've got.