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  1. #1

    Default Phone Threat That Never Happened

    My question involves criminal law for the state of: North Carolina. A person had a criminal summons taken out on me saying I called his place of business and said "I was going to blow his place of business up."Basicly he said I called in a Bomb Threat. All he saw was my number in his handset caller ID which is temporary. The call will not show up in his phone record either because it did not connect. What actually happened was, I called my wife and she didn't answer. when I hung up, my phone accidentally called his place of business.It had been in my Iphone4 favorites for 5 years. He Had bought this business from me 6 months earlier. I didn't know he was a psycho nut case. I saw it doing it and hung up before the call actually connected. My phone record proves that. There is only the call to my wife at the time in the summons that he says he received the call from me. The next call in my phone record is to my wife again 3 minutes later. Nowhere in my phone record at all are any calls to him or his business. This person also owes me $1500 which is why I'm sure he is trying to aggrivate me. I want to know what charges (civil or criminal) can be brought against him for lying to the magistrate or trying to damage my reputation? Slander or Libel or Defamation? False charges? Also He should have to pay for any Lawyer bills my wasted time and damages for my reputation. He chose to cause all this to happen based on a bold faced lie which will be proven completely. Your thoughts, what would you do if this happened to you? Thanks

  2. #2
    Join Date
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    Default Re: Phone Threat That Never Happened

    If your number showed up on his caller ID, there was a connection. What the records will show beyond that can vary by phone company. I cannot see your phone record, but you are free to make it available to the police or prosecutor to substantiate your claim that you disconnected before the call was answered. If you have documents that prove the accuser's story is false, you (or probably better, your lawyer) can attempt to use them to preempt any charges. You should not expect that he'll have to pay your legal fees, but you can discuss possible theories or approaches with your lawyer.

  3. #3
    Join Date
    Sep 2010
    Location
    Oklahoma
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    695

    Default Re: Phone Threat That Never Happened

    You should find a lawyer to handle this type of situation. If you an show that the person is lying then you can file a criminal complaint for his false police report. You can also look into filing suit against him for slander.

    There was no phone call connection. The phone companies only refer to calls that are answered as "connected calls" and these will appear on the phone bill as charged calls. "Attempted connections" will not appear on the phone bill unless you request it by the company, usually for an extra charge. Depending on the size of the company and the type of service you may or may not be able to get an "attempted connections" call log. For example, I use a cable modem for home phone and it won't show the "attempted connections". CallerID is seperate feature that has nothing to do with a call being "connected". The information is transferred but the recieving end does not necessarily pick up the information. I don't have CallerID on my phone so it doesn't show up, but that doesn't mean the phone call was "connected" until I open the line between the connection points.

  4. #4
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    Default Re: Phone Threat That Never Happened

    There's no "one size fits all" manner in which cell phone companies report calls.

  5. #5

    Default Re: Phone Threat That Never Happened

    Thanks for responding and sorry for taking so long for getting back. What might his sentence be if heis found guilty of filing false charge? What are possible damages in a civil suit? He has lost in small claims court concerning the 1500.00 and appealed it to district court requesting it to a trial by jury. That case was chosen for arbitration and I was awarded the judgement again. This is where we stand. In my opinion he owes me the initial amount I won in small claims court and any attourney fees now accumulating in both cases, plus fees for all the agrivation and wasted time, because all of this has been his choice. All he had to do was pay his debt and we would never have had to go to court in the first place, also he didn' have to lie to the magistrate, City police, and DA about the phone call I never made. Your thoughts. Thanks

    The man has filed false charges. What charges can he be charged with and what could the sentence be?

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