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US Citizenship Is the Maiclious use of phone services (use of offensive lang) charge a crime of good moral turpitude?

San Jose, CA |

i was arrested for "Stalking" charges. Now in pre-trial.Procecutor is willing to reduce the charges to Maiclious use of phone services (use of offensive lang) charges. Before accepting plea offer i wanted to make sure that i am not doing any stupid thing in my life by admitting the allegations that i didn't do them at all. I hate to have criminal offenses in my record. sometimes i'm thinking of accept'g offer and walk out from legal-battle stress. Many times i'm think'g of tak'g it to Jury trial and show my ex-wife's chronological lies includ'g threat charges and her manipulation skills, and get the case dismissed. I am an IT professional, living here for 13+ years, clean record, dedicated work to a lot of clients, excellent feedback abt my char & work and a member of temples and church.

Attorney Answers 4


  1. Best answer

    A word about "legal-battle stress" (good term): It is bad enough to have criminal charges filed against you, but has to be even more energy-sapping when the charges are based on allegations by a "troubled" ex.

    You have to give this some thought. Which would have more long-term emotional effects: pleading guilty to something you did not do - or - going to trial. I well understand the desire to plead even if innocent: it gives you some certainty and control over the process, even if it's distasteful. On the other hand, taking the case to trial puts the control in the hands of 12 people you don't know.

    But if you think you will be deviled by a decision to plead to something you did not do - in 6 months, in a year, in 5 years - then go to trial.

    Then once you have made your decision move forward on it. Don't look back. Adjust your thinking to focus on the consequences of your decision. If you're committed to your decision, and you have made it after much consideration, it should alleviate some of the anxiety.


  2. This question is best answered by Immigration lawyers rather than criminal defense lawyers. I am changing the practice area to bring it to the attention of those lawyers.

    Confidential information should not be disclosed in this Internet forum. Click on the "More..." link for IMPORTANT INFORMATION about this AVVO Answer. . . . . . . . . . . . . . . . . . . . . . . . . . . . I am an experienced Wisconsin lawyer. The laws in each jurisdiction can be very different. I cannot give legal advice over the internet nor can I establish an attorney client relationship with you. You should NOT assume or otherwise conclude that there is an attorney -client relationship between any reader and this writer or his firm. These comments are only guideposts. They are not subject to any privilege protections. Indeed, these internet communications are neither privileged nor confidential. Accordingly, those using this form of communication need to be guarded in what they write. Because of the nature of these communications the information is general only and should not be relied upon in any specific case. This internet site is public forum, where the communications are not confidential or privileged. There may very well be merit to your defense or position in this type of situation. However, there are hardly sufficient details for an attorney to provide you with some path to follow. It is imperative that ALL of the facts in a particular situation be examined. No conclusion can be drawn from the communication that you have provided. There are some matters that are just better handled by an attorney familiar with the procedures of the courts in your area. Most, if not all, legal matters should not be handled via internet communication. At best, the responders on this site can give you a few hints and guidance. To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services. For a definitive answer you should seek legal advice from an attorney who (1) is licensed to practice in the state which has jurisdiction; (2) has experience in the area of law you are asking about, and (3) has been retained as your attorney for representation or consultation. Your question and the attorney’s answer may be used for promotional or educational purposes.


  3. I am not much of an advocate of pleading guilty to charges that you were not guilty of. Nonetheless, your immigration situation may well present a situation that it may be necessary to consider such an option.

    I do not believe that the malicious use of phone services would constitute a crime of moral turpitude, which generally refers to conduct which is inherently base, vile, or depraved, contrary to the accepted rules of morality and the duties owed between persons or society in general. However, out of an abundance of caution, prior to any plea, you need to at least consult with an immigration attorney.


  4. You should consult with an immiration attorney in your state and provide him the copy of charges and other records yu may have and seek advice. Best Wishes!
    Lalita Haran
    13295 Illinois st ste 128
    Carmel IN 46032
    Ph: (317) 660-6174
    www.haranlaw.com

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