Q: Can I get convicted behind someone else’s lies?
Hi, I have a court hearing on October 5th, for a possible probation violation. I was staying at this transitional living house ran by the department of mental health and I had a disagreement with one of the staff members there. I needed my psych meds at a certain time, and she refused to give them to me at 9pm; she said I can only take them at 6pm everyday. That’s when I said, if you don’t give me my medicine so I can leave, then I will be taking legal action.
She twisted my words. I threatened to take legal action but she told my probation officer that I threatened her life.
A: more info needed.
there is a substantial burden of proof but if the trier of fact believes their version over yours, then yes you would lose.
i assume you have a retained or appointed lawyer and you need to ask him/her their thoughts.
A: She was wrong, and you were angry. You'd think working in the mental health field would give her skills to handle the situation better. Criminal threats, Penal Code section 422, requires a threat to commit a crime that would result in great bodily injury or death, that is so unequivocal, unconditional, and immediate that it reasonably caused her to be in sustained fear for her safety, if that is the basis for the VOP.
Talk to your lawyer asap about any possible witnesses, and whether or not you should testify.
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