Legal Question in Criminal Law in South Carolina

Unlawful use of phone

My Ex wife for the second time in 3 years had me arrested for unlawful use of the phone. 1st time for obscene remarks,she dropped that case. 2nd time for obscene remarks and threats.wich is stil pending.

Also in a similar case, the local sherrif arrested a man for recording obscene remarks on the dispatcher's voice mail,but he was released after 9 hours for lack of evidence.

Why was my case not handled the same way?, I had proof that I did not.And can she keep having me arrested at her whim?


Asked on 10/08/00, 11:20 pm

1 Answer from Attorneys

Robert Johnston Law Offices of Robert J. Johnston

Re: Unlawful use of phone

I don't know about the "similar case" you refer to. If he did in fact leave that kind of message on the dispather's voice mail, then it would certainly sound like the sheriff had ample evidence to continue with the case.

As far as your ex-wife having you arrested on a whim, all I can tell you is that the police must have probable cause to arrest anyone.

As far as the case that is still pending, you need to take that charge seriously. Unlawful Use of Telephone in South Carolina is a felony that carries up to ten years in prison.

If you havn't yet hired a lawyer, your welcome to call if you would like to discuss this further.

Robert Johnston

Local (843) 828-1137

Toll Free 1-888-789-8100

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Answered on 11/05/00, 6:17 pm


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