Rescinding Arrest Warrant - Discussion

Wait a minute.

You are sitting for the state bar and you don't understand the law?

I have a specific procedural question. I have friends who are lawyers/judges that don't know specific questions about certain areas of law. It's not that hard to believe.

The law is vast, I know basic black letter/common law, but specific questions about rescinding an arrest warrant is not covered in law school....

Since when? And even if they didn't, they certainly should have shown you how to look up statute.

Anyway...

This sounds like it is up to a court to decide. I agree with missy... get an attorney that IS versed in procedural questions...

I would also turn yourself in. You want to be an officer of the court. Time to start holding yourself to the higher standard those words mean.

You know the police are looking for you. Take care of it. It will not go away if you hide long enough... and you really don't want the police showing up during your bar exam to take you out in handcuffs.

Since I've been asking them. Most of them work in Admin Law (ALJs and Attorney Adivisors).

I am going to wait and see what my attorney says, then take it from there. Just thought I'd get some other quick advice here as well.

Thanks.

So you feel comfortable studying for the bar knowing that you have a warrant out for your arrest?

You have to take the study and practice of law seriously. You are entrusted with the preservation, refinement and, perhaps, creation of the rules by which the rest of the populace lives.

If you are not prepared to take that responsibility seriously because it is inconvenient... maybe you should consider another line of work.

Face it... you knew when you posted your stuff on the net that it was going to enrage your ex. You hoped, in fact, that it would. You hoped he would get soooo mad that he would FINALLY talk to you and you could work out why he no longer wants to see you.

You KNEW you were going all "Fatal Instinct". You did it anyway. What you didn't do is realize that he would be angered enough to file appropriate criminal charges.

Now you are wondering what you can do to just make it go away. So that you don't have to go through all that fingerprint stuff. So that YOU don't have to pay the price for breaking the laws you are supposed to uphold.

I think you need to take a deep look into yourself.

Last time I checked, it wasn't illegal to post truthful information/opinion about a person online.

Like I stated previously. I have not contacted him in over two weeks--my only contac was the day after we broke up. Anyway, I admit what I did was immature and I should have been thinking more clearly, but I didn't think he'd take it to this level. I have never threatened him or gone by to see him in the two--now three weeks we have been broken up.

What I did was immature, but to try and ruin my career (which is precisely his motive) is vindictive.

Harassment.

1. A person commits the crime of harassment if for the purpose of frightening or disturbing another person, he

(1) Communicates in writing or by telephone a threat to commit any felony; or

(2) Makes a telephone call or communicates in writing and uses coarse language offensive to one of average sensibility; or

(3) Makes a telephone call anonymously; or

(4) Makes repeated telephone calls.

2. Harassment is a class A misdemeanor.

1. Have have not communicated in writing or by telephone a threat to commit any felony (the last email and phone call was to ask him to return my computer)
2. I never left any voice mail messages and the emails that I sent had maybe one or two curse words in them. The bulk of the emails were asking for clarity.
3. I felt no need to call him anonymously. I have not attempted to call him at work or on his cell phone since we broke up.
4. I made repeated phone calls the night we broke up and stopped by Monday---so I will take responsibility for this, but to seek a RO and file a police report was a direct effort frustrated me while I study for my exam.

The internet blog was on a dating site for ONLY WOMEN to see. In order for him to see it he would have to have logged on as a woman. It was simply my opinion of him as a potential dater. What I said was true.

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Quoting pdst

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Last time I checked, it wasn't illegal to post truthful information/opinion about a person online.

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Are you completely aware of what a restraining order is?

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Like I stated previously. I have not contacted him in over two weeks--my only contac was the day after we broke up. Anyway, I admit what I did was immature and I should have been thinking more clearly, but I didn't think he'd take it to this level. I have never threatened him or gone by to see him in the two--now three weeks we have been broken up.

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You mean, until you started posting on the internet how he was "shaddy"?

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What I did was immature, but to try and ruin my career (which is precisely his motive) is vindictive.

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And what you did WASN'T vindictive?

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Harassment.

1. A person commits the crime of harassment if for the purpose of frightening or disturbing another person, he

(1) Communicates in writing or by telephone a threat to commit any felony; or

(2) Makes a telephone call or communicates in writing and uses coarse language offensive to one of average sensibility; or

(3) Makes a telephone call anonymously; or

(4) Makes repeated telephone calls.

2. Harassment is a class A misdemeanor.

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Excellent. You DO know how to research statute.

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1. Have have not communicated in writing or by telephone a threat to commit any felony (the last email and phone call was to ask him to return my computer)

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You are not getting this.

The restraining order means that you can have NO communication with or concerning him.

Because of the RO, your ability to speak your mind about him and your relationship is curtailed.

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2. I never left any voice mail messages and the emails that I sent had maybe one or two curse words in them. The bulk of the emails were asking for clarity.

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You say tomatoe... I say tomato. Whenever someone communicated with someone else almost 50 times in 24 hours, there is a case for harrassment to be made.

Besides, counselor, you know as well as I do that what YOU think of the messages has very little impact. It has more to do with what HE thought of the messages and what the police saw there.

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3. I felt no need to call him anonymously. I have not attempted to call him at work or on his cell phone since we broke up.

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Oh good.

You mean, of course, except flaming him on the internet... right?

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4. I made repeated phone calls the night we broke up and stopped by Monday---so I will take responsibility for this, but to seek a RO and file a police report was a direct effort frustrated me while I study for my exam.

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Maybe, maybe not. I don't know his motivations any more than you do. However, most people will get all bent out of shape after a night of their cell phone constantly ringing from a mental ex.

You think he doesn't deserve an RO. Apparently, a judge disagrees with you.

You are already falling into the worst fallacy a lawyer can fall into. That because of their education and job, that the laws don't apply to them in the same way that they apply to the unwashed masses.

You believe that what was done was over the top.... because you were a lawyer studying for your bar.

If someone was harrassing you like that, would YOU have filed for an RO and criminal charges? Of course you would have.

Point taken. I don't have a RO. He filed for a RO but I have not been served and there has not been a hearing.

Whenever I do get served, and having a hearing, then the judge will decide whether or not to issue a RO.

When he said he would get one after any further contact, I STOPPED. Like I said that was the day after we broke up. I happned to look through the casenet website to see if he really did get one. I saw that he had, it had the wrong address, and I have not been served.

Having said that, I see your point and I take full responsibility, and if that means I have to turn myself in, then I will do whatever I have to do.

To answer your other question, I have been on the reverse side and no, I did not file a RO, and the calls lasted for days, not one night, yet I didn't feel threatened. Another mistake I made was expecting him to act like me. Anyway, these are questions of fact, and I am looking forward to when/if I get a hearing so the judge can see/read the emails and detemine if a reasonable person would felt threatened by them. . .

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Quoting pdst

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Point taken. I don't have a RO. He filed for a RO but I have not been served and there has not been a hearing.

Whenever I do get served, and having a hearing, then the judge will decide whether or not to issue a RO.

When he said he would get one after any further contact, I STOPPED. Like I said that was the day after we broke up. I happned to look through the casenet website to see if he really did get one. I saw that he had, it had the wrong address, and I have not been served.

Having said that, I see your point and I take full responsibility, and if that means I have to turn myself in, then I will do whatever I have to do.

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You do have an RO. It just hasn't been served yet. You were able to find out independantly of the service.

The problem is... you didn't stop. You went on a website and blasted him. You are a legal student in her mid twenties... right? You have to have known better than this.

What surprises you, apparently, is not that he found out but the actions he took when he did.

Once last point, there is going to be an urge to call or write him in an effort to drop the charges.

Please resist that urge.

I would also suggest some counseling to deal with your closure issues. I am not being cruel. Sometimes relationships just stop. Sometimes there is no closure.

Sometimes you need help in reconciling that.

You are 100% right.

1. I had the urge to ask him to drop everything, but thought it over and realized that would be A HUGE MISTAKE.
2. I made an appointment the following day, saw a therapist on Wednesday, and will be going back this week. . . . and yes, I realize that I have closure issues and I need to deal with it ASAP.

I don't take what you say as cruel. I appreciate it b/c it shows me another view of the situation and this has been a HUGE lesson.

I really just want it all to go away. . . .