What is considered a threat by law?

The threat is verbal, in writing or sent via an electronic medium, and. The recipient is placed in a state of reasonably sustained fear for their safety, and. The threat is “unequivocal, unconditional, immediate and specific.”

Do you need motive to convict?

Proof of motive is not required in a criminal prosecution. In determining the guilt of a criminal defendant, courts are generally not concerned with why the defendant committed the alleged crime, but whether the defendant committed the crime.

How do you prove your mind is guilty?

To be found guilty of a crime, the prosecution must prove that there was a physical action, actus reus, and a state of mind to commit a crime, known as mens rea. Mens rea is concerned with what the defendant was thinking at the time he committed the actus reus. Different crimes have different mens rea requirements.

Should I call the detective back after he contacts me?

If you call me after the detective contacts you, no matter what kind of case, I will be the one who calls back the detective. At that point, the detective knows he is never getting any statement from you. You are not going to make his case for him. My first question is whether he wants to arrest you.

Do you have to refuse to speak to a detective?

You don’t even have to refuse to speak-he can’t even ask you. If you call me after the detective contacts you, no matter what kind of case, I will be the one who calls back the detective. At that point, the detective knows he is never getting any statement from you.

Can a detective keep you from being arrested?

Please be aware, no matter what some misguided attorney may tell you, that there is nothing I or any other attorney can say or do that will keep you from being arrested. The detective is not there to evaluate evidence and act as a judge. If he feels he has the evidence (usually a statement from the complainant), he is going to arrest you, period.

What happens when your attorney calls the detective?

When your attorney calls the detective and says he represents you, something magical happens by operation of law. Once you are represented by counsel, the detective is no longer allowed to question you.