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03-07-2008, 11:54 AM
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Stalking?
About 3 days ago, 2 police cars came to my house to serve a warrant for my arrest for stalking. I was not at the house at the time they arrived, and was told when I was seen to turn myself in. They said I would turn myself in, sign papers, and then walk out an hour or so later.
About 10 minutes later, I had my friend drive me to the courthouse to turn myself in. I got in the back and the door shut, and I was read what I did. I supposedly sent a girl a text message reading "if you don't answer the phone I'm going to kill you", and called her about 15x in a row, and was charged with stalking, and set up a protective order from her and her family. I have no car, no transportation, and no need to stalk a girl who's father is pressing charges against me. My bond was set at $3,000 dollars. I eventually bonded out about 4 or so hours later, and went home. Now, here is the background of the entire case. About 3 years ago I began dating a girl who's father did not like me. (She was 15, I was 17) We struggled for about a year and a half until we fell apart. About a year into our relationship he started telling me she didn't want to see me anymore and that I was ruining her life. We continued talking of course, I knew this was false, and she admitted it was too. In the next year, he really began to dislike me. I've seen him drive by my house for no reason, a few times a week. He left me two threatening messages on the house answering machine (which were deleted on accident), in which he said "if you dont move back to where you came from, you'll wish you did". Or something along that lines. At that time I was in high school, and my grandmother took the recordings to the resource officer and principal at school. They listened to them, and I honestly don't remember what they said. But a few days later, she moved to a different school. A year later, here I am, charged with what I said to her while we were dating, (warrant says 4/1/07 to 2/25/08) while she was madly in love with me, sending me dirty pictures, sneaking me into her house. Does anyone have any legal advice for me? I want this man to have to at least sit in jail for 4 hours like I did. He actually watched my house and threatened me over recordings. (Which I plan on going to my old high school to talk to the resource officer and principle) I don't understand how I'm being charged with this. Someone please help! And another bit of information.... My warrant says my hearing date is 3/17/08. Recognizance (which lists my charge) says my hearing date is 3/19/08. I was told my arraignment was 3/19/08. |
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03-07-2008, 08:06 PM
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One very important point you are overlooking---and that is that you had a sexual relationship with a minor after you became of legal age. That, in a nutshell, changes everything. Also, her father saying such and such to you doesn't allow YOU to do the same. If he did say those things, have HIM charged as he did you ( but be prepared to prove it). Also, there is no 'supposedly' to it. Either you sent the messages or you didn't--the fact that you were committing statutory rape with her ( admitted here in a public forum) hardly gives legitimacy to your position. I assume they have phone records to prove the message was from you---if so, you are lucky you aren't going to jail for a really long time for statutory rape. I can see the court fully on the side of a desperate father, madly trying to keep his minor aged daughter from harm. |
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03-08-2008, 08:52 AM
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**Perhaps this link will help serve a better example: SCBar - Unauthorized Practice of Law. In particular: "What is considered the "practice of law"? The practice of law is more than just appearing in court on behalf of a client. Though no concise definition of practice of law exists, certain characteristics make it more likely that the Court will view certain conduct as the practice of law. An early South Carolina case, cited by other jurisdictions as well, stated that the practice of law includes "the preparation of legal instruments of all kinds, and in general all advice to clients and all action taken for them in matters connected with the law." In re Duncan, 65 S.E. 210 (S.C. 1909). The practice of law "extends to activities in other fields which entail specialized legal knowledge." South Carolina v. Buyers Serv. Co., 357 S.E.2d 15 (S.C. 1987). "Additionally, whether an individual is paid for his or her services is irrelevant. The reasons for prohibiting the unauthorized practice of law are not to protect licensed attorneys from losing business to unlicensed individuals. Rather, the purpose is to protect the public from consequences resulting "from the erroneous preparation of legal documents or the inaccurate legal advice given by persons untrained in the law." South Carolina v. McLauren, 563 S.E.2d 346 (S.C. 2002)." This particular state, as well as others, do in fact encompass the Internet in their respective definitions (particularly "client") and use licensure as a measure of the legal definition of "training." Your circumstances are such that I'd be remiss in not suggesting good counsel. Last edited by TheJury'sStillOut : 03-11-2008 at 09:36 PM. Reason: added* |
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03-08-2008, 12:06 PM
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Now, on to more pressing concerns----What exactly is legal advice by law? Is there legal advice NOT by law ( aside from a misplaced modifier)? * head tilt* If you are attempting to state that if you are not an attorney, you cannot give legal advice, you are incorrect. I can give medical advice, I can give car detailing advice, I can give advice in cooking french cuisine--(even though I know absolutely nothing about it)----anyone is free to give advice regarding any topic they wish. Advice is merely a synonym for opinion, suggestion, theory. There is no law against giving any kind of advice one sees fit to impart, as long as one is not posing as a licensed professional and being HIRED by a client to be the same. It is factually incorrect to say that legal advice can only come from an attorney. There is simply no law against me or anyone else giving advice of ANY kind---medical, legal, spiritual, etc. as long as we aren't hiring clients, posing as someone sanctioned by the government to be doing so. Lets pause for a weighty moment as we contemplate the NAME of this forum. It reads FREE LEGAL ADVICE FORUM. *collective gasp* Apparently the creators of this site aren't familar with the law you mentioned that prohibits the giving and receiving of legal advice. Boy, are THEY gonna be embarrassed when they find out!! *forehead smack* Thank Bejebus you told us! NOTE: Dear Gentle Reader: This fulfills your USRDA of grammar, law, and sarcasm, bundled into one neat convenient serving *curtsey* There now. Carry on. Last edited by GentleGrace : 03-08-2008 at 06:53 PM. |
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03-08-2008, 02:44 PM
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Just to let you know. I had *** with her when I was under 18, never over.
And I checked my voicemail last night for any evidence and had two messages from her... 2-12-08 One saying something like "I'm going to bed, sorry I couldn't get ahold of you tonight. Me and my dad are going out for breakfast in the morning. I'll talk to you tommarow" Is this solid evidence this kid isn't afraid of me? |
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03-08-2008, 04:32 PM
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It doesn't matter if she is afraid of you or not. You aren't being charged with "making a kid scared", are you? If she is over 18 now, she has a right to contact you legally, put of course, living in her fathers house gives him the right to have input in her life. That, obviously, isn't a legal issue, but rather, a personal one, a rather a tragic commentary on parent/child relationships. None of her calls matter, though. Did you make the calls and do the things for which you were charged? If so, and even if not, for that matter, I'd hire an attorney or you could be facing a lifetime of registering as a sexual offender. Has it occured to you that some respect for her father and his wishes would bode well for everyone involved? It's a big game of wills---and it is unconscionable that you don't have enough respect for yourself, and for her, and her relationship with her father to recognize that how she learns to relate to him is her role model for how she relates to men in her life at a later time. I cannot imagine usurping a relationship between a parent and a child. This is something I am experiencing first hand since the gentleman I've been seeing has children---several grown, and one my own children's age. Any time there is a choice between me or his children, or between him and my children, we each easily choose our own children over one another. Lets face it. How many young teenagers who are actively engaging in illicit activity actually find "true love" that lasts a lifetime? In all probability you both will "grow up" and find someone else. Consider a moment where that leaves her, or what that leaves her with. Nothing. Nothing besides a rift between her and her father, the man whose blood runs in her veins---all cast aside for a man--er, BOY-- who not only didn't respect her, but who also didn't encourage her to honor her parents. Respect, dignity, honor are not archaic ideas. Perhaps choosing to pay more attention to them in their own right would have facilited your avoiding this most regrettable of situations from ever arising. Sermon over. |
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03-09-2008, 11:20 AM
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1- Not (I'm gonna rape you if you don't talk to me) B. I have encouraged her to honor her parents. Her dad used to make her cry for dating me. I saved her life, literally. C. You obviously don't know the background, or else you wouldn't be coming up with random facts from us. D. Try again. Last edited by StigmaShadow : 03-09-2008 at 11:25 AM. Reason: Easier to read for others |
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03-09-2008, 02:29 PM
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*try to follow* If you had S3x with a minor, and you admit that you did, be GLAD he ISN'T charging you with it and hope to God he doesn't. ( SORRY--I should have broken it down into smaller steps for you). SEE the CONNECTION NOW, EINSTEIN? If I'm so smart?? Perhaps YOU can explain to me how the fact she isn't scared means it absolves you of death threats over the phone. Answer that. I'll wait. Go ahead. I can threaten someone over the phone as long as they don't think I'm serious? Allrighty then. Smart? You don't see ME having s3x with fifteen year olds, do you?? I also have reached the ripe old age of 42 without EVER being charged with anything---not even a SPEEDING ticket. So, you won't see MY name on a criminal court docket--not as a defendant, anyway. Oh yes, aren't you the clever one. I stand in awe of your mental acuity. You state you CONTINUE to see her despite her fathers wishes. THAT is dishonorable. You saved her LIFE --from making her CRY? Yeah, ok, Superman. Does that cape come in any OTHER color, or just YELLOW? You overestimate your importance. ANY boy ( I won't use the word MAN) that tells a woman he is going to kill her for ANYTHING isn't a HERO. PERIOD. I don't care WHAT the background is. It is immaterial. Move on. You aren't worth the bandwidth this posting is taking up. Last edited by GentleGrace : 03-09-2008 at 06:14 PM. |
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03-10-2008, 01:12 PM
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 My gosh, it looks like a typo! Have you no regard for presentation, woman? Rather careless and imprecise of you, don't you think?   |
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03-10-2008, 02:17 PM
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That pales in comparison to "The giving of legal advice by law". Half credit? But, since the truth is out--that I am only MARGINALLY perfect, I have a question for you. On another posting I was trying to explain to this guy about sine qua non being used in determining factual causality---and how it points to the first action and whether you could reasonably predict a particular outcome--does the first action have to be criminal? or just inflamatory? Does that make sense? In his posting, his wife was more or less heckling a bartender, who mouthed off and then it went down hill from there and a big fight ensued and he was arrested. My question is ( I could look it up, but my books are still packed and I don't want to tell him incorrectly) does the first action have to be criminal? Mouthing off isn't criminal, but I believe he could reasonably predict it would have led to a fight? So, if not for his/her actions, the fight never would have happened and they clearly did not avail themselves of other options for avoiding conflict. What say ye , great Grammarian?  This message will self destruct momentarily and I will deny it every happened. *wiggling eyebrows* 3........2.......1! Last edited by GentleGrace : 03-10-2008 at 02:24 PM. |
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