I am facing "Terroristic Threat" charges over a Facebook post.

Asked over 1 year ago - Virginia, MN

I have appeared in court twice and must appear for an Omnibus hearing on Monday, July 15th. My court-appointed attorney is telling me to plead guilty and that he will argue that I should be "let off easily" as I am disabled, on a fixed income, and living in public housing, all of which will be threatened by a conviction. No guarantees.

Both I and an investigator retained by the Public Defender have evidence strongly suggesting that the post was made by someone who hacked my Facebook account. My attorney has thus far ignored it. Over the past three days I have discovered material which not only adds to the evidence of my innocence, but strongly suggests that people working for my attorney attempted to destroy evidence which is favorable to me.

What can I do? Should I tell the judge?

Attorney answers (5)

  1. Thomas C Gallagher

    Contributor Level 17


    Lawyers agree

    Answered . You need not speak to a judge directly. You enjoy representation by a criminal lawyer, and can benefit from that. Your lawyer will present your concerns to the judge, or other member of the court if you insist. But listen to your lawyer. Good lawyers do not always tell clients what they wish to hear, but rather what can be done to improve the outcome, and the relative merits of various tactics and strategies. You can retain a new lawyer if need be. Public Defenders are busy, due to chronic underfunding by the state. But they tend to be good lawyers, and will follow a clients wishes in the end, if the client insists.

  2. Christian Ryan Peterson

    Contributor Level 16

    Answered . If you have a public defender, then I suggest you discuss strategy with them. If the evidence supports your innocence, them take the case to trial. I understand you have a lot at stake. Public defenders are excellent attorneys.

  3. Tricia Dwyer

    Contributor Level 19

    Answered . This is a duplicate post. This response is not to be considered exhaustive and is not legal advice. When a person is represented by an attorney, he/she should be talking to his/her attorney. A person represented by an attorney ought not 'tell the judge'. You may contact a private attorney for an outside opinion or to make arrangements for a substitution of attorney. You should not post any of this on a public website. Some attorneys are available seven days for emergency legal needs. Many attorneys will confer initially at no charge. Then, if legal work is performed, some attorneys will provide a reduced fee for financial hardship. Some attorneys may also assist you in limited scope manner to conserve legal costs. All the best.

    Tricia Dwyer, Esq.
    Phone: 612-296-9666

    Minneapolis, Twin Cities, - St. Cloud area, Minnesota licensed attorney, Tricia Dwyer, Esq.: Phone 612-296-9666.... more
  4. Maury Devereau Beaulier

    Contributor Level 20

    Answered . It is not possible to evaluate a case accurately without a full review of all of the evidence in the case including statements made and the posts in question. For any evaluation, an experienced attorney must review the matter in great detail.

    That being said, a charge of terroristic threats is extremely serious. In most cases, it is charged as a felony offense with penalties of up to 5 years in prison. It requires that the prosecution prove beyond a reasonable doubt that the defendant threatened, directly or indirectly, to commit any crime of violence with purpose to terrorize another or otherwise to cause serious public inconvenience, or in a reckless disregard of the risk of causing such terror or inconvenience.

    CALL 612-240-8005 for a Consultation. Disclaimer: Nothing in this email message creates an attorney client... more
  5. Paula Brown Sinclair

    Contributor Level 20

    Answered . The caring and knowledgeable attorneys that volunteer for Avvo can be counted on for accurate information about the law and legal procedure. What this public forum is ill-suited to is advising strategy in a given case. You should rely on your attorney, who is in the best position to assess what the prosecutor can prove.

    Best wishes for an outcome you can accept, and please remember to designate a best answer.

    This answer is offered as a public service for general information only and may not be relied upon as legal advice.

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