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.
2 Answers from Attorneys
: Criminal Harassment
You had better get an attorney. The consequences is a criminal record.
If you need assistance, contact me.
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.
Related Questions & Answers
-
Malicious destruction of property +250 i have been charged with malicious... Asked 9/23/08, 7:31 pm in United States Massachusetts Criminal Law