I am the victim on a case. The person was arrested for burglary/assault/battery
altogether that is one charge. Pre-trail bond this person out and our court date is next month. But now this person is calling my phone saying how he's gonna kill me before the court date and how a dead man can't tell his side of the story. I am in fear for my life. The judge issued a stay away order but this person is seriously out to kill me. What do I do? Also, how was he able to get a bond for a burglary/assualt/battery charge? And how did pretrail bond him out if pretrail just bond him out last year for a crime?
Simply record the threat and bring it to the police.
This reply is made in response to a question posted on a public message board. This response is for general information only. This response does not create an attorney-client relationship. You have not hired the responding attorney and the responding attorney has not agreed to represent you.
If there is a stay away order and the Defendant is violating it then there is a 100% chance that the Judge will take him into custody.
Call the cops and if they don't take him into custody then call the Assistant State Attorney (or the ASA's Victim Witness Coordinator) 1st thing Monday morning (305-547-0100).
I can't promise you that the cops will care (it's a coin toss with them) but I can and will guarantee you (and there are not many guarantees in the court process) that if you can prove that the Defendant is violating a SAO (stay away order) then there is not a Judge in Miami-Dade County who won;t take him into custody in a New York second.
I hope that I have been helpful in answering your question.
First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)
Attorney Haber nailed it with his answer. Call the police and then call the State Attorneys office. They will take these threats against you very seriously.
In addition to the stay away order I'm sure that there is also a condition of his bond that he not have any contact with the victim. Florida also has a substantive offense of harassing a witness. As my colleagues have indicated, contact law enforcement and the ASA and inform them of the violation. Any evidence you have should also be preserved and provided to law enforcement. Read my caveat of recording any phone call without authorization or consent that I posted as a comment. You can't record a call in Florida without the consent of all parties or at the direction of law enforcement.
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