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Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 19687
Experience:  Licensed attorney with 29 yrs. exp. in criminal law
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I was charged with harassment charges but did not send the

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I was charged with harassment charges but did not send the text messages she recieved. She claims they are from the Internet. I was just curious how the judge would deal with it when there us no proof. And also curious if she (the one who was harassed) has to appear in court as well. I don't know what to expect with harassment charges and what it all means in court and later
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Marsha411JD replied 7 years ago.

Since this question is in the criminal category I am assuming that you have been charge with criminal harassment charges. If that is the case, the alleged victim doesn't have to prove anything, the state's prosecutor does. They will have to establish the she received the text message and that it came from you via a device that you had control over at the time it was sent. If they can't, and you didn't admit you did it, then you don't get convicted. As a criminal defendant, you don't have to prove it didn't happen, but if the prosecutor establishes that the communication came from your phone or computer that you were using, then you could try to rebut that conclusion with your own facts or statements. The prosecutor will have to have the alleged victim there to testify that she received the text.
Customer: replied 7 years ago.
So no matter what the judge will go through my computers? Should I hire a lawyer?
Expert:  Marsha411JD replied 7 years ago.
Hello again,

The judge himself won't go through your computers but assuming they were confiscated pursuant to a warrant on the case, then forensic computer specialists will go through your drives, etc and then testify as to what they found. When facing criminal charges, I would always advise people to hire a criminal law attorney. If you qualify, based on no or low income, you may qualify for a public defender. Otherwise, you have to hire your own.
Customer: replied 7 years ago.
How do I get a public defender, as I barely work and attend school...
Expert:  Marsha411JD replied 7 years ago.

If charges have already been filed against you, then call the local public defender's office and see if you qualify. Otherwise, you can also wait until your first appearance and tell the judge that you cannot afford your own attorney. He will assign a public defender at that time.
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