Legal Question in Criminal Law in Maryland

''Telephone misuse''

I have been chared for telephone misuse. I live in CA but my ex filed that I was calling her work too much asking for the money she owes me so they sent me something in the mail that i have to go to Maryland to the sheriffs dept. before a certain date if not i can be arested. My question is Can I be locked up for telephone misuse. Also I have a prior domestic violence charge for assualt (misdamenor) 3 years ago and completed an anger management class and am currently not on probation. I was wondering if that would affect my penalty and how severe is a Domestic violence ''Telephone misuse'' charge in Maryland since I live in california?


Asked on 8/01/05, 12:45 am

2 Answers from Attorneys

Philip Iadevaia Law Offices of Philip A. Iadevaia

Re: ''Telephone misuse''

I have not heard of a violation for ''telephone misuse.'' Especially emanating from Maryland. Unless it is something akin to California's terrorist-threats laws, I see no liability in the state of Maryland. I could be wrong, so you should continue to research the issue. Good luck.

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Answered on 8/01/05, 11:35 am
Elena Condes LAW OFFFICE OF ELENA CONDES

Re: ''Telephone misuse''

You post raises a lot of interesting questions, for which I don't have all of the answers. In California there is a misdemeanor charge for telephone harrassment. It sounds like you've got the Maryland equivalent. Here it is not considered a domestic violence offense. That matters because any domestic violence offense has a lot consequences associated with it, such as inability to own a firearm for 10 years, 52 weeks of domestic violence counseling, and the fact that you have to be personally present at an arraignment and can't have your lawyer appear for you like other misdemeanors.

Misdemeanor charges may be filed against you in Maryland and then the next question is will they issue a warrant for your arrest or have you arrested here and extradicted back there.

If in Maryland you can have an attorney represent you without you being present there, you may want to hire an attorney in Maryland so that you don't end up with an outstanding warrant.

You ought to stop any contact with the alleged victim and if you have a beef about money hire someone out there to take her to small claims court for you.

I think you should talk to a Maryland attorney and find out what the rules are about those cases and then you can make an informed decision about how to proceed from here.

Good luck,

Elena

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Answered on 8/01/05, 3:35 pm


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