Phone Harassment Attorney in Orange County
If you've been arrested for making annoying phone calls, it's not something you should ignore or brush off; failing to seek appropriate defense counsel could lead you behind bars. Making annoying phone calls is a misdemeanor and conviction could mean up to six months in an Orange County jail, a sentence that may also include informal probation. For those with unofficial or transitory documentation, it could even result in your deportation.
The California Penal Code defines an annoying telephone call as one where the caller uses obscene language or makes threats against the recipient or the recipient's family. Law enforcement takes these calls seriously because they are often associated with domestic violence. Depending on the nature of the calls, a district prosecutor may take a very active role in prosecuting you.
"Michael L. Guisti understood my problems and treated me like family. An ex-girlfriend accused me of making annoying phone calls when I called her to ask for something back. I looked around for attorneys in Irvine and came across Irvine attorney Michael L. Guisti. From the get-go Mr. Guisti was very aggressive and got the charge completely dismissed and because of this I recommend him to everybody."
Even though making these kinds of phone calls may seem like a clear-cut case for the prosecution, our Orange County harassment defense lawyers at Law Office of Michael L. Guisti know that it can actually be quite difficult to prove.
Depending on the circumstances of the evidence, there are possible defenses that your defense attorney could use in your favor:
- The absence of a recorded conversation: This could complicate and delay the attempt to subpoena the phone records.
- The defendant had a legitimate reason to make the call: This may be true even if there were multiple calls made.
- The phone or provider experienced a technical difficulty, causing the call/repeated calls: This is the phone's, not the defendant's
- There was no use of threatening or obscene language: The absence of such language makes it more difficult to prove that the phone call was indeed harassment.
Making annoying phone calls can also get you charged with other crimes. For instance, using threatening language may lead to a more serious charge of making criminal threats. Similarly, if you are accused of making calls in violation of a Domestic Violence Restraining Order or Civil Harassment Order, you could be found in criminal contempt of court.
If you've been accused of making bothersome calls, you need to immediately call the Orange County defense attorneys at Law Office of Michael L. Guisti. We can see if other charges are pending, and work with the DA to negotiate a more favorable conclusion. We have been successful in defending our clients against charges of phone harassment in courts all across Southern California. Contact us today at (714) 530-9690 to discuss your situation.
Whether you're facing a felony or a misdemeanor, don't risk a conviction. Act quickly to redeem your reputation and protect your record by consulting with our Orange County criminal defense lawyer. Call today to schedule your free consultation.