Legal Question in Criminal Law in New Jersey

I have been charged with a harassment charge 2C:33-4A in NJ. I'm not sure I was properly served & the alleged evidence is not stated.�

Here's my story: The charges were brought upon my husband's lover who happens to be his co-worker. For months, I have suspected of his affair but not until now the truth was brought into light. I have proof of their affair such as 25 pictures of her some nude and/or sexually explicit, phone records, instant messaging conversations via BBM & love notes. All found in husband's cell phone & car (vehicle under my name). I had previously called this woman at work back in June to question what is her relationship with my husband. It was a calm conversation I was not accusing nor aggressive. up until 3 days later I found messages from her to my husband stating she "loves" him too. At that moment I sent her an email to the fake account she made to keep in touch. I was stating that I was nice to her on the phone in hopes of her gaining a conscious of her ruining a family. I did state that I was "crazy enough to do what it takes to defend what is mine". not sure if that constitutes as a threat. the purpose of the email was to have her reply confirming it was indeed her. which she replied a week later in a very nasty & threatening manner. Stating the following "be�VERY careful with what you say/send to me. Don't you even think about sending me anymore 'threats' ... talking about 'there's no need for this to get ugly' and 'I'm crazy enough to do what is needed to defend whats mine' ... YOU DONT KNOW ME OR WHAT I'M CAPABLE OF ... this is the only warning I will be giving you. Leave me alone because believe me ... you won't like what you might find." �I was threaten but just wanted this person out of our lives so I didn't file a restraining order on her which I regret now.�

On Sept 4th, after a confession of the affair from my husband I was furious!! I felt that I was not going to just sit around while this person enjoys her relationship with her boyfriend, yes she has a boyfriend...The whole point of her filing a charge was to scare me into not showing her boyfriend the pictures & items I had found. I admit I called her blocked from someone else's cell phone for the call not to be tracked back to me...I sent her a Text message via an Internet service again cannot be tracked back to me. I kept calling her for like an hour straight �in order for her to hear what I had to say which was..."I have all your naked pictures, BBM conversations, love notes and print outs of phone records...I know were you live & obviously were you work...who your boyfriend (blank) is so you decide what you want to do." She obviously got really nasty on me �but then got scared & called my husband. �Letting him know I was calling her & that she wasn't going to let ME ruin her relationship so she's going to call the police and file a charge on me. The last call I made she had put me on speaker and called the police and her uncle who works for the town or something. I hung up and NEVER contacted her again since. She began to harass my husband via phone and Text message for my address (we are currently separated) in order for her to file she needs my address. When he refused she got really angry and appeared vindictive calling me names telling him "if she wants war, I'll give her war..I'm not gonna let her ruin me and (blank)" that he had until Monday to give her the address. After failed attempts she advised him that she would be filing the charge under his mother's address!! �Which we later found out she did. I was never personally served, it just came into the mail. My husband wanted to get her to drop the charges before he told me but I found out through a text message that he sent someone that she went through with the charge. I was even out of the state when this was filed and sent.�

My concern is what to expect in court...and how can they proof that was actually even me on the phone and sending those text messages? Can or should I plead not guilty? Admit it was me on the phone? Can or should I use the items I have including her threatening email from June and her text messages to my husband for my address? �Also, how can someone file charges under someone else's address? It wasn't my home/work nor was it passed to my husband nor I. Can I file a motion to dismiss for improper service? Should I get an attorney?


Asked on 10/19/11, 3:25 pm

2 Answers from Attorneys

Gary Moore Gary Moore Attorney At Law

You need to hire an attorney

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Answered on 10/19/11, 4:27 pm
Robert Davies The Davies Law Firm, P.A.

You need to hire an attorney.

I can help you with this. Give me a call, make an appointment to come see me, and let's get moving on this for you. No charge for the telephone call and no charge for the first office visit.

Robert Davies, Esq. 201-820-3460

The Davies Law Firm, P.A.

45 Essex Street, Suite 3 West

Hackensack New Jersey 07601

Phone: 201-820-3459

Fax: 201-820-3461

Email: [email protected]

Website: AttorneyRobertDavies.com

Please keep in mind that my response is just a general comment on your question, and not legal advice. I have answered based upon the law of the State of New Jersey where I practice; the laws in other states may be very different, and may result in very different outcomes. Your question and any response does NOT create an attorney-client relationship between you and this law firm. The exact details of your situation and things that you have not mentioned in your question can completely change the response I gave. You can not rely upon what I have written as legal advice, because I do not have all of the information that I need to advise you, I only have the very small amount of information that you put into your question. To get legal advice that you can rely on and use, please contact me directly.

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Answered on 10/20/11, 7:25 am


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