Legal Question in Criminal Law in New Jersey

Re: harrassment

There are several ways to handle this situation, however, the facts in your explanation really do not tell me enough to give you any solid advice because I am not sure that I am fully understanding the situation.

If your Court appearance is in South Jersey and you are considering hiring an attorney, I would be happy to speak with you as I offer free consultations.

Daniel B. Kelley

(856)616-8080

[email protected]

Re: harrassment

I think you are in N. Jersey, so I don't know that Mr. Kelly can help you, but it is always good to consult with an atty, but many charge for an initial consultation (people OFTEN do not value something they get for free).

Based upon the very limited facts you gave, I will assume this is the first contact you made to the guy or his wife. In that case, it would be unlikely that they can show harrassmsnt. Therefore, I would go down to the police station and file a cross complaint for malicious prosecution, and avoid contact with them or anyone in their family. I would ask to speak with the prosecutor to explain the situation. He may chose to NOT prosecute their co,plaint, and likely yours. However, it may be better to ask if your township offers mediation. In mediation, you and they get to tell your story, to a neutral third party. This person will probably listen to them, then to you, then speak to each of you separately, then together again. I think it likly that this will resolve your problem, or at least the complaint agasinst you.

If the prosecutor will not talk to you, or if there is no mediation, just file your counter claim for malicious prossecution, go to court, let them tell their story. If they did not drop their claim, I would exdpedct the court to find you innocent (unless you aren't telling us some important facts). Your charge of malisious prosecution should succeed unless the court thinks they had some good faith basis to bring the charge in the first place. Even is he does find them guilty of malicious prosecution, your damages will be very small, unless you decide to hire an atty.

IF you are really scared to go to court, go hire an atty. The piece odf mind will probably be worth it.

Good luck.

Kevin J. Begley

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NOTICE: Unless you have a signed retainer agreement with this office, and have paid a retainer to this office, I am NOT your attorney. Any thing sent to you is without the benefit of any actual knowledge about your situation, or any due diligence on my part. Everything stated is purely a general comment or suggestion based upon the limited facts presented to me. My comments are free and intended to be educational, but NOT relied upon. You MUST consult with another qualified attorney, familiar with local rules of court, your states laws, with regard to your specific circumstances.