Legal Question in Criminal Law in New Jersey

Harassment - Text Message

Last week I cancelled plans to hang out with a guy I met 2 months ago and went out with once. Two nights ago I sent him a text message to see if he was around and received a vulgar sexual response. I ignored the message initially but later wrote back ''not interested.'' After this, I received a barrage of obscene messages so vulgar and unfounded that I unfortunately deleted them but I have a witness who read them. I still have the messages I sent in response, which request he erase my number from his phone and finally to stop sending me obscene messages or I am filing harassment charges. After this, he responded with ''I have erased your number.'' I have not heard from him since; however, I am still upset over the disgusting nature of the messages and I feel like I should do something about his perverse disgusting behavior. Is it possible for me to file harassment charges being that I erased the messages? I printed out a log of all of my sent and received text messages from my service provider's website and highlighted all pertaining to this guy but I can't get the most recent log until the next billing cycle. If I have the log of messages he sent consecutively w/my responses telling him to stop, can I press charges?


Asked on 7/05/07, 1:30 pm

3 Answers from Attorneys

Daniel Cevallos Cevallos & Wong, LLP

Re: Harassment - Text Message

You can always try to press charges, but unless you live in a town without a whole lot going on, it will be difficult to get the police really excited about some vulgar text messages that you can't prove, except by witness testimony of your friend. If you think a prosecutor will want to take this guy to trial with a log of messages sent, and no evidence of the messages, then you guys have some different prosecutors in zip code 07030. Still, try to press charges if you want. Good luck.

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Answered on 7/05/07, 1:45 pm
Gary Moore Gary Moore Attorney At Law

Re: Harassment - Text Message

It is difficult to totally erase anything in a computer. You should consult a computer expert to assist you in retrieving the emails.

I know of a computer expert who helps me with my computer. If you call me I will refer you to him.

It may be that the police will have someone who can retrieve the erased emails.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 7/05/07, 1:59 pm
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Harassment - Text Message

The only way to really know is to go to the police and try to file the charges.

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Answered on 7/05/07, 3:54 pm


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