I maybe convicted of criminal harassment of my ex-wife for coming to her home without her permission. There was never any violent intent or argument ever and I have always been kind and civil. We have met for coffee after Valentine's this year and she informed me of two car accidence in Dec and that she needed a break so I sent her $600 and a gift certificate for two to a Spa for her daughter and herself for a "break". I remembered her birthday in April and then found two old cookbooks of hers and dropped them off at her home which begin this process. I was arrested and processed and will now go before the courts...I am terrified and broken hearted.
What is the question you have about the possible charge?
Is there a good possiblity that I will be convicted and what would the out come for me be. I have never been charged with anything and I do not have a criminal record. I have to travel to the US and Germany regularly for business. Would there be alternatives to a conviction?
I am not able to comment on the possibility of a conviction or not. I would need to see all of the police reports and witness statements in order to provide such an opinion.
I can tell you that given your age and history of not being in trouble with the law, you will be a very good candidate for either diversion or a discharge. Diversion is where the prosecutor agrees to refer the matter to a program outside of the court process. You would have to admit responsibility and then complete a program such as anger management, mediation with the victims, or community service hours. Upon completion, the criminal charge would be dismissed.A discharge is where the court after a guilty plea or a finding of guilt after a trial would basically dismiss the charge with no further penalty. There is no record of a conviction, but the difference there will be a criminal record of this discharge that can effect the ability to travel to some countries such as the U.S., so dismissal due to a diversion program can avoid that problem.You are entitled to get disclosure from the prosecutor before making any decision on this, which is usually wise so that you can see exactly what police reports or witness statements there are. You can speak to the prosecutor about whether diversion would be possible, or if not if they will agree to ask for an absolute discharge on conviction. If they agree, it would be very unusual for a court to overrule that and order a different sentence.
You can also speak to the prosecutor about the possibility of adjourning this matter for some time. Sometimes if there are non-contact conditions in place as part of a criminal charge, the prosecution will agree to adjourn a matter for a lengthy time, maybe for a year. If there are no further charges in that time for breach of the non-contact or otherwise, at the end of the year the charge could be dismissed. Or the prosecutor can ask that you enter into a peace bond for one year in exchange for the criminal charge being dismissed, with a peace bond being a restraining order that you have no contact with your ex-wife. Other possible sentences could be a fine, or a period of probation with terms to take any anger management or counseling that might be recommended by a probation officer. There would likely be a condition that you not have contact with your ex-wife during the period of the probation. There would be a criminal record of convictions with either such sentence.
with over 15 years experience.