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Mr. Lofton
Mr. Lofton, Lawyer
Category: Criminal Law
Satisfied Customers: 1291
Experience:  25 years experience
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On Thursday, June 12th, I had a harassment charge against

Resolved Question:

On Thursday, June 12th, I had a harassment charge against me dismissed due to insufficient evidence by the judge of the criminal court.

My hope is to 'patch things up' (with the complaining witness) by sending her general flowers by an established flower delivery service along with a brief note of a conciliatory message. Should I proceed with this idea and not further complicate this delicate issue? I know this may be construed as asking for trouble, that is not my intent, as I have never been convicted of a crime.

My intent is to let her know I still care about her and will leave it up to her if she wants to contact me one day, if she wishes. I understand The Texas harassment statute 42.07 (a)(7) of the Texas Penal Code which states: A person commits an offense if, with the intent to harass, annoy, alarm, abuse, torment, or embarrass another, he:….(7) sends repeated messages in a manner reasonably likely to harass, annoy, alarm, abuse, torment, or embarrass, or offend another. I vehemently find the Texas statute is void for vagueness.

Any advice would be immensely appreciated. I would like to reiterate that the flowers sent would contain but a brief note of a conciliatory message. Nothing more than that.

Thank you.
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Mr. Lofton replied 6 years ago.

The answer here depends on the history of things you have done to now, and how it will be received, because she is free to march right back down to the court house and seek another criminal charge against you. This sounds like you really need to getover her and on with your life.

But, if you honestly hope that some contact might be of halp, then I would recommend that you have a mutual friend delliver your felicitations and message and leave it at that. It is what it is and your task is not to fantasizeit into something else that it is not. That way does lie trouble.

All the best,

Mr. Lofton, Lawyer
Category: Criminal Law
Satisfied Customers: 1291
Experience: 25 years experience
Mr. Lofton and 2 other Criminal Law Specialists are ready to help you
Customer: replied 6 years ago.
Mr. Lofton,

Your response is most helpful. I understand that a particular answer depends on the history of things I have done to now. It has not been much. I am not overbearing. As far as I know, based on my attorney's response at the time I was in court, the complaining witness was 'uncertain' on whether to continue with the charge although she did not withdraw dismissal. She did not appeal the decision, to my understanding. I fully realize she is free to march right back down to the court house and seek another criminal charge against me. I have been trying to get over her and on with my life. My plan or hope is for her to have my 'new' cell phone number and leave it at that. If she calls good, if not, fine too. I am leaving it to divine intervention. I am not fantasizing or fixated on a specific outcome.

At this point, I was wondering if sending only a text message to her cell phone that reads "Just to say Hi, Happy 4th of July - Jason" would be lenient. Again, the plan is for her to have my 'new' cellphone number and leave it at that.

I suppose I could have someone deliver my felicitations and message and leave it at that. I can assure you I hope this information helps.

Jason
Expert:  Mr. Lofton replied 6 years ago.

Quite frankly I do not see a "legal" issue here that needs my attention -- in my view you'd be better with some personal counseling or life-coaching. The lady was "uncertain" but she did hit you with an harrassment charge....

You do what you think is right, you're an adult, you have an appreciation of the potential consequences ... good luck to you ... now click "ACCEPT" and we can move on....Laughing

Best wishes,

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