Legal Question in Criminal Law in New York
I was charged under NY State Penal Code 240.26, section 3. My ex-girlfriend and I sent numerous text messages to each other during an argument that lasted 13 days.I never save text messages nor ever thought I needed to. She went to the police and showed 18 of the text message (we literally had hundreds apiece) and I was charged. Also an order of protection was made against me. How can I obtain hard copies of all the messages so I can show the court that we were arguing and not threatening each other? Her text messages on their own were equally scary.
2 Answer from Attorneys
As mentioned in an earlier reply, receiving harassing text messages (or phone calls) does not give you the legal right to send harassing text messages or calls.
Because of the charges, you probably won't have the opportunity to speak with the District Attorney prior to your court date. The only way to obtain printouts of the text messages would be to subpoena the records from your wireless carrier.
My office could assist you in both the subpoena process and the criminal defense portion of the case. Please contact us for a fee quote.
Best,
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