class 1 misdemeanor - obscene language (lawyer, live, law)

[iattc]

I was charged with class 1 misdemeanor for using "obscene language using a telephone device" (ex girl friend) in fairfax county. Wondering if anyone else has been through similar ordeal. It's very stressful. I have no criminal background and just the thought of the possibility of having a criminal record causes me lot of worry and stress.

I haven't tried to make any contact with my ex since the event has occurred and neither have my friends of anyone from my side.

I have already hired an attorney. My attorney has recommended me to do 20 hours of community service before the court date.

Would like to know if there is anyone else out there who may have faced similar circumstance. Not sure what to really expect on the court date.

Thanks

[Bigfoot424]

Why not listen to your lawyer? I have never been arrested but I have arrested plenty of people. What court will this be in? Keep your nose clean and do NOT contact the ex under any circumstances. If you want to apologize to her, and really mean it, ask your attorney. It's possible he'll let you write the letter then he'll deliver it but more than likely he'll say leave her alone. I can see this one being continued for 6 months or a year then dismissed if you are in no further trouble.

[iattc]

Thanks BigFoot. I appreciate your response.

I am definitely listening to the lawyer. I have already done over 30 hours in community service. I am committed to put this whole saga behind me and move on and never look back. So even it takes 6/12 months for me to clear this up I will commit to that.

I don't blame my ex. May be she thought this was the only way for me to stop contacting her. So now I better just respect my ownself and leave her forever. In my heart I can feel that I don't much feeling left for her at this point.

I have learned my lesson after this incident and sort of returned to my own self. 5 weeks of no contact has been really great for me so far. I have gained a lot of peace of mind and this space has put things in perspective for me. The farther I stay the better off I am mentally, physically and psychologically. I am much more stress free from emotional pain that I experienced when I was try to contact her.

I am pretty positive that this will turn out to be good thing for in long term. Just don't want a criminal record.

[smellyhobo]

Yep, criminal records can really close a lot of doors, especially in NoVa.

For first-time offenders with class 1 misdemeanor charges, I've heard of judges dropping the charges after community service. Obviously stay out of trouble until the court date.

Did you say something actually threatening or was it just vulgar language? A physical threat will probably be looked at differently than some mild obscenities. Also was this an isolated incident or have you had problems with the ex before (enough to constitute harassment or intimidation)? If you called with the intent to annoy, thats a class 3 misdemeanor (depending on how bad it gets, maybe you could plead down?).

All food for thought. You seem to have true remorse, so that is helpful. All in all-- you'll be fine.

[iattc]

Thanks. Appreciate all the responses.

This was just a rough patch of my life and now it has passed. Now just carrying on to a better and productive life.

Regards

[Darkseid]

Jut curious. How does one get charged with "obscene language using a telephone device"? Are you telling me that if a police officer overhears me using profanity on the phone, I can be charged?

[Grsz11]

Originally Posted by Darkseid

Jut curious. How does one get charged with "obscene language using a telephone device"? Are you telling me that if a police officer overhears me using profanity on the phone, I can be charged?

LIS > Code of Virginia > 18.2-427. It isn't even an old irrelevant law. They amended it in 2011 to include texts and pictures. Smh

[iattc]

I am not sure but my guess would be yes. In this case my ex went to police. Just like you can be charged for being in drunk its possible that you can be charged for obscene language as well.

[tysonsengineer]

Originally Posted by iattc

I am not sure but my guess would be yes. In this case my ex went to police. Just like you can be charged for being in drunk its possible that you can be charged for obscene language as well.

And yet people think that the NSA is the problem with this country becoming a police state. I'm far more worried about people telling me what I can do in my personal life, what is moral, and who I can be with than someone storing my call list to determine any terrorist connections.

I wonder which party enacted the morality laws; I bet its the same one that started the patriot act

[spencgr]

Originally Posted by Grsz11

LIS > Code of Virginia > 18.2-427. It isn't even an old irrelevant law. They amended it in 2011 to include texts and pictures. Smh

Interesting, as the verbiage of the law contains..

"Any person who uses obscene, vulgar, profane, lewd, lascivious, or indecent language, or makes any suggestion or proposal of an obscene nature"

Each of these words is, certainly, open to interpretation. What is vulgar to someone might not be to someone else. What is obscene to me might not be to you. Without very clear definitions, I think your lawyer should be able to fight this.

Now, the second part of the law talks about threatening someone. If your language was actually threatening to your ex-wife, that may be a different issue.