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Virtually all of us carry cell phones with us all the time these days. As a matter of fact, you might even be reading this very article on your smartphone. Having cell phones with us all the time has opened us up to a great many new opportunities for commerce and growth in our personal lives as well. At the same time, it has made it possible for those who would like to abuse cell phones to do just that. They can at will start to make our lives more miserable by harassing us with a bounty of phone calls that we did not ask for and did not want.
It turns out that the state legislature in California has made annoying phone calls something that we can actually do something about. They have passed laws that make it easier for citizens to stand up and demand their rights to not have to continue to take annoying phone calls, texts, e-mail messages, and the like on their personal devices for any longer than absolutely necessary.
It is not that hard to see the connection here between annoying phone calls and stalking. In fact, stalking is one of the major things that the State wants to deter from happening. They have made this clear by the actions they have taken to try to curb annoying or harassing phone calls. These are typically elements of stalking that people report. It is even more common in our modern society when those phones are practically attached to the hips of everyday people like you and me.
A woman breaks up with a man and he becomes upset by this. In order to seek some kind of twisted revenge, he begins to bombard her phone with calls and texts at all hours of the day and night. It doesn’t matter in his mind that she has told him that she is no longer interested in seeing him, he feels that it is his right for her to respond to the messages that he has been leaving her. Failing to do so is another offense in his mind. However, the real offender in this scenario is actually the man himself.
| Example: Personal Harassment Scenario | |
|---|---|
| The Situation | A woman breaks up with a man and he becomes upset by this |
| The Harassment | He begins to bombard her phone with calls and texts at all hours of the day and night |
| His Justification | It doesn’t matter in his mind that she has told him that she is no longer interested in seeing him, he feels that it is his right for her to respond to the messages that he has been leaving her. Failing to do so is another offense in his mind |
| His Perception | |
| The Reality: However, the real offender in this scenario is actually the man himself | |
Stalkers are not the only ones who may be guilty of annoying phone calls offenses. Rather, there are plenty of commercial offenses of this law as well. Sometimes people get call lists of individuals in their area that they then proceed to call up and try to pitch them on some idea or product that they have. This might not be so bad at first, but continuing to call people after they have expressed that they are not interested in buying what you are selling is an offense all by itself.
| Offense Type | Description | What Makes It Illegal |
|---|---|---|
| Personal/Stalking | Bombarding someone with calls and texts at all hours of the day and night after they’ve expressed disinterest | These are typically elements of stalking that people report |
| Commercial | Sometimes people get call lists of individuals in their area that they then proceed to call up and try to pitch them on some idea or product that they have | Continuing to call people after they have expressed that they are not interested in buying what you are selling is an offense all by itself |
| Telemarketing | This might not be so bad at first, but continuing after refusal crosses the line |
There are plenty of ways to defend yourself against the charge of making annoying phone calls. First of all, the law itself is rather vague on this. What exactly constitutes an annoying phone call in the first place? That is something that has to be more clearly hashed out.
Intent to harass has to be proven. The specific crime must be proven before there is any hope of prosecuting a person for the annoying phone calls situation. A lot of people have the ability to get out of this bind by showing that they did not have the intent to place annoying phone calls.
| Defense Strategy | Why It Works |
|---|---|
| Law Is Vague | The law itself is rather vague on this. What exactly constitutes an annoying phone call in the first place? That is something that has to be more clearly hashed out |
| Lack of Intent to Harass | Intent to harass has to be proven. The specific crime must be proven before there is any hope of prosecuting a person for the annoying phone calls situation. A lot of people have the ability to get out of this bind by showing that they did not have the intent to place annoying phone calls |
| Burden of Proof | |
| The good news is that since the laws are so vague on all of this, you can probably win your case so long as you plan things out well enough ahead of time | |
Even though you might be frustrated by having to stand for these charges in the first place, it is important to have a qualified attorney help defend you in this case. The reality is that only an attorney knows what defenses to use to make your life a little easier. They can help make these cases go away or at least lessen the blow as it were from these kinds of charges.
You definitely do not want to be the person who finds yourself trying to figure out how to answer the charges that you are somehow annoying people or a stalker. You know personally that this is not the case, so it is important that the rest of the world understands that as well. That is definitely going to be the only way that you can really clear your name in this kind of circumstance.
At the end of the day, a lot of people will end up needing an attorney to navigate through this one. The good news is that since the laws are so vague on all of this, you can probably win your case so long as you plan things out well enough ahead of time.
You have the power to find your case if you set your mind to it and make it your mission to get out of this particular bind.
| Why You Need an Attorney for Annoying Phone Call Charges | |
|---|---|
| Expert Knowledge of Defenses | The reality is that only an attorney knows what defenses to use to make your life a little easier |
| Can Dismiss or Reduce Charges | They can help make these cases go away or at least lessen the blow as it were from these kinds of charges |
| Clears Your Name | You definitely do not want to be the person who finds yourself trying to figure out how to answer the charges that you are somehow annoying people or a stalker. You know personally that this is not the case, so it is important that the rest of the world understands that as well |
| Protects Your Reputation | |
| Navigates Vague Laws | At the end of the day, a lot of people will end up needing an attorney to navigate through this one. The good news is that since the laws are so vague on all of this, you can probably win your case so long as you plan things out well enough ahead of time |
| Prohibited Conduct | Details |
|---|---|
| Annoying Phone Calls | They have passed laws that make it easier for citizens to stand up and demand their rights to not have to continue to take annoying phone calls, texts, e-mail messages, and the like on their personal devices for any longer than absolutely necessary |
| Texts | Continuing to call people after they have expressed that they are not interested |
| E-mail Messages | |
| Harassment Elements | They can at will start to make our lives more miserable by harassing us with a bounty of phone calls that we did not ask for and did not want |
| California Courts interpret these laws to protect citizens from unwanted communications | |
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