Legal Question in Criminal Law in Massachusetts

I found out my ex who is a female had a thing for this married women. I stupidly tracked down the husband and under a fake name emailed him thru a social networking site they belonged to and sent him an email saying that his wife was hanging around this woman. I said he should keep an eye on them because i heard from a friend of a friend that they might have something going on. he said he already had his concerns and emailed me back asking for proof. I said i have none but now I realized I should not have even sent the first email and I wanted to stay out of it. Now my ex had her best friend call me asking if i knew anything of it. i said no because now i am scared. I sent the email because she hurt me while we were in a relationship years ago. now i am married and have a child. so now her best friend went on to tell me they are going to get the police involved, get lawyers involved and track down the ip address where the email came from. I never only sent email to husband of woman so I don't even know how they could track it. The friend said if it was me or my spouse we should apologize. I don't want to admit it was either of us because then they really might press charges. I am so scared now. what could legally happen to me? could I get jail time? Should I apologize and hope they don't press charges? crap what did I do!! I have not even told my spouse what I did..


Asked on 2/09/10, 5:01 am

3 Answers from Attorneys

Christopher B. Coughlin Coughlin Law Group, PC

These cases are often difficult for the police department to pursue. They don't have the time or resources to investigate what amounts to a squabble between exes (they'd have to subpoena the IP information from your ISP - they're not going to do that for this type of case). That being said, they do have a job to do. They might follow up on a complaint with attempting to interview you. DO NOT make their case for them. If they try and talk to you tell them that you are invoking your right to a lawyer. If they tell you that you don't' have that right yet (because they are just investigating and you haven't been arrested) tell them bull crap. The only way they'd probably be able to make a case out against you is if you make it out for them. DO NOT talk to the police.

On that note, you should delete any postings about this incident. A little paranoid? Yes. But why have statements that could be used against you out there in cyber space. You should tell your friend (or maybe it was you as well) to delete the earlier post also.

By being smart, you should be able to nip this in the bud yourself (keep your mouth shut...from now on). But if the police do pursue the matter consider a consult with an attorney.

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Answered on 2/14/10, 7:16 am

From what you have reported in your question, there is no criminal conduct involved. Threats to involve police are call "BLUFFING" to try and scare you into apologizing. Apologies are ADMISSIONS that can be used in civil lawsuits.

The police are being used as a threat. However, do not speak to them so that no one can use your statements as the basis for a Restraining Order or claim harassment.

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Answered on 2/14/10, 6:26 pm
ERNEST BIANDO LAW OFFICE OF ERNEST T. BIANDO, LLC

I agree there is no criminal conduct involved and as such the police are not going to waste their time with the case as they have no jurisdiction over a civil matter.

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Answered on 2/16/10, 11:25 am


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