Atlanta, GA asked in Criminal Law for Georgia

Q: Can a person be arrested for terroristic threats with out confirming the person sent the text message, or showing text

My mom was arrested on the claim she sent a terroristic threat through text to my sister, which she at no point threatened her. And she claimed the made a threat on Facebook which didn’t happen. The sheriffs department did not ask her any questions just arrived with a arrest warrant.

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1 Lawyer Answer
David S West
David S West
  • Criminal Law Lawyer
  • Marietta, GA
  • Licensed in Georgia

A: Sorry to hear about your mom. As far as the charge goes, terroristic threats requires that a verbal threat to harm or kill someone is communicated to them through any medium. This can be by text, phone, mail or even through another person. Police usually do not take a warrant unless they confirm the threat. If it involves messages, they usually have to view and copy the message. While it takes less proof to arrest someone, a good lawyer can often attack these charges if the only proof is verbal or if the evidence is lacking. Still, this is a felony charge so you definitely need to make sure she has a good criminal lawyer fighting for her!

David West

Senior Attorney

David West & Associates

Marietta, GA

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