Legal Question in Criminal Law in Minnesota

Have I been falsely reported for a crime?

I had an ugly argument with a former girlfriend about nine months ago when she came to Michigan from Illinois for a visit. We never saw each other again, but I really wanted to apologize for my end of it. I sent her three e-mails over the course of nine months, all were non-threatening but with no response. My mistake was trying to mail this year's birthday gift to her, I mailed it c/o her parents in Minnesota. Otherwise, I never attempted to contact her in any way whatsoever. Her parents returned it and sent me two angry letters informing me that they have reported me to the police for criminal harrassment. What evidence do they have besides three e-mails? Are e-mail messages admissible evidence? Am I entitled to contact their local police and ask for a copy of the police report or complaint against me? Do I have grounds to file a defamation suit against them? Both she and I have many of the same professional contacts, and I fear she's putting the word out that I'm some sort of stalker, but I fail to see any wrongdoing on my part. Thanks.


Asked on 3/03/04, 11:25 am

2 Answers from Attorneys

Thomas C. Gallagher Gallagher Criminal Defense

Re: Have I been falsely reported for a crime?

From this limited fact descritpion, I am not sure whether or not a criminal charge could be filed against you in Minnesota -- when you live in Michigan, and ex lives in Illinois. However, in the event there was jurisdiction in Minnesota, I can tell you that the most commonly charged crime for harassment of an ex would be Minnesota Statutes Section 609.749, which you can read on the State of Minnesota's web site (or find in a law library) -- though other criminal statutes could also be charged depending upon facts alleged.

As a practical matter, now that it is clear that she wants no contact from you at all, you may want to avoid any and all future contact with her. If you don't ever contact her again, there may be a good chance nothing will ever come of any threatened criminal charges. As for contacting police about it, that would be a big mistake, in my view. Better to "let sleeping dogs lie," rather than give police a chance to interview you about it.

As for grounds for a defamation suit, I cannot say. I am a criminal defense lawyer, not a civil litigation lawyer. Only a lawyer who you retain to fully investigate the facts and research the relevant law could tell you that -- though know that there are generally short statutes of limitations periods in most states for defamation claims (relative to other types of civil claims).

As a practical matter, it may be time to take the hint and forget about her, for good.

Read more
Answered on 3/03/04, 1:13 pm
Henry J. Legere, Jr. Law Office of Henry J. Legere, Jr.

Re: Have I been falsely reported for a crime?

MY advice is to forget her and do not try to contact her or her family again. From the limited facts you presented it is highly unlikely that you could be charged with a criminal charge. However, now that you have been informed not to contact her again, if you do, you could be setting yourself up for a criminal charge of stalking. Stay clear of her and her family. As for the defamation it doesn't appear that you have been slandered or libeled from your facts as presented. You would have to prove that she did indeed defame you in some way and that you suffered actual damages from it. The mere fact that she tells someone that you have sent her unwanted e-mails and have continued to try and contact her (if true) would not be the basis for a defamation action. I would need to know what she said and to whom she said it and how the telling of such has harmed you before I can give a valid assessment of a defamation action. Good luck and leave her alone.

Read more
Answered on 3/03/04, 6:58 pm


Related Questions & Answers

More Criminal Law questions and answers in Minnesota