Phone Call Harassment Defense

Summary

In Florida, phone call harassment can be a crime even with mutual contact and no threats. Accidental calls and permission to visit may serve as a defense. If unemployed, request the judge reconsider public defender eligibility. Lack of victim cooperation may affect prosecution, but the state can proceed with sufficient evidence. Lack of defense communication with the state could impact the case. Consider contacting local legal aid for assistance.

Full Conversation

My ex said we had mutual contact and i did not threaten her. Do the phone calls still considered to be harassing? This is a criminal case.
In Florida, harassment through phone calls can still be considered a crime even if there was mutual contact and no threats were made. It depends on the context and frequency of the calls.
- Florida Statute *.* involves harassment and stalking.
- Continuous unwanted contact can be considered harassment.
How frequent were the calls and what was the nature of the conversations?
She had given me permission to come over to talk after we had broken up. The repeat calls were pocket dials
It sounds like you might have a defense if the calls were accidental and you had permission to visit. However, the frequency and perception of those calls can still play a role in a harassment case. Have you been officially charged or just questioned at this point?
I have pretrial this upcoming Tuesday. The judge said I dont qualify for a public defender and I need a private attorney but i have since been unemployed.
Case Rating: *
It sounds like you're in a tough situation. Here are some general points about your case:
- Florida Statute *.* covers harassment and stalking.
- Accidental calls and permission to visit could be part of your defense.
- Employment status doesn't change the need for legal representation.
Consider reaching out to local legal aid organizations for free or low-cost legal help. They might be able to assist you.
Would you like more information on local legal aid organizations?
Can I now ask the judge for a pd?
Case Rating: *
You can request the judge to reconsider your eligibility for a public defender based on your updated financial situation. Be prepared to provide evidence of your unemployment and inability to afford a private attorney.
Would you like more information on how to reach out to local legal aid organizations?
Yea
Case Rating: *
You can request the judge to reconsider your eligibility for a public defender by presenting evidence of your unemployment and financial hardship. This can include documentation such as unemployment benefits, bank statements, or any other proof of your current financial status.
Would you like more information on how to reach out to local legal aid organizations?
Yes. What are the chances this case is dropped?
Case Rating: *
The chances of your case being dropped depend on several factors including the context and frequency of the calls, your defense regarding accidental calls, and whether you had permission to visit. Presenting a strong defense and evidence can make a difference.
Would you like more information on local legal aid organizations that can assist you?
What if she isnt cooperating with the state attorney?
Case Rating: *
If the alleged victim isn't cooperating with the state attorney, it could impact the prosecution's case. However, the state can still proceed with the case if they have sufficient evidence. The judge will consider all available evidence.
Would you still like more information on local legal aid organizations that can assist you?
Yes
Case Rating: *
Given the complexity of your situation, reaching out to local legal aid organizations might be a good step. They can provide you with free or low-cost legal assistance. Here are some general pointers:
- Florida Statute *.* covers harassment and stalking.
- Accidental calls and permission to visit could be part of your defense.
- Employment status doesn't change the need for legal representation.

Florida Legal Services


Phone: (*) *-*
Website: floridalegal.org

Would you like to be connected with local lawyers who can better assist you with your case?
Will it be held against me that theres been no communication between the defense party and the state in refards to q negotiation or filing motions
Case Rating: *
Lack of communication between the defense and the state could impact the progression of your case. If no motions or negotiations have been made, it is essential to bring this to the attention of the court, especially if you are seeking to have a public defender appointed.
Would you like more information on local legal aid organizations that can assist you?