Legal Question in Criminal Law in Massachusetts

Criminal Harassment

I recently received a notice that I am

having criminal harassment charges

brought against me by an ex

girlfriend. The charges are based

upon having a fight almost a year

ago, followed by no communication,

until several days ago, where I had a

very amicable conversation with her

online (through instant messaging),

ending well. I received an email from

her a short time after, requesting

that I no longer communicate with

her, which I did reply to. No threats

were made, etc. Does she have a

case? Should I hire a lawyer for this,

despite that it is only a pre-trial

hearing with a magistrate? What are

the usual outcomes of situations like

this? Any help is appreciated.


Asked on 9/24/08, 6:54 pm

2 Answers from Attorneys

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

: Criminal Harassment

You had better get an attorney. The consequences is a criminal record.

If you need assistance, contact me.

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Answered on 9/24/08, 9:43 pm
Dmitry Lev The Lev Law Firm

Re: Criminal Harassment

Your concern is not whether SHE has a case, but rather whether the PROSECUTOR's office has a case. It's up to them to decide whether to pursue this matter if it gets past the magistrate.

The magistrate will hear from your friend and/or a police officer who took a report. The magistrate has 3 options: to issue a criminal complaint and let the matter proceed as a criminal case; NOT to issue the complaint, and the matter ends there; to achieve some sort of middle ground where if there are no future problems for say, 6 months, the case will go away.

An attorney, if you choose to have one, would cross examine the girlfriend if she is there, challenge the credibility of her statements, and argue that no harassment as defined by statute took place. The statute requires three separate incidents. If you get your hands on a police report that was likely filed in this matter, you'd have a preview of what she's likely to say.

Good luck and contact me with questions.

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Answered on 9/25/08, 10:40 am


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