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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
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Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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so my boyfriend now ex got into it this morning... there was

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so my boyfriend now ex got into it this morning... there was a scuffle and my phone got broke in half. this was all over me getting a text message from another guy. however..... I have had his email password XXXXX months... and have checked his email frequently in the because there were issues in the past with him being faithful and truthful.... that being said... he went and filed charges against me for getting into his email. I had to go to the station and give a statement. they are going to subpeona the computer records and I may be charged with a class e felony depending on what the DA says. I have NEVER been in trouble and know he is doing it to get back at me. please help!
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 5 years ago.
Customer

First of all, you didn't "have to" go to the station to give a statement. If the police felt they had probable cause to seize your computer, they could have gotten a warrant signed by a judge and just come over and taken it. Instead, they made you feel like what you had to do was give your side of the story so that, in fact, you confessed to the crime.

Maybe the DA won't be able to find that you did much of anything wrong here. If your boyfriend ever used your machine to check his own email, it would be very hard for the DA to prove beyond a reasonable doubt who opened and read the mail, depending, of course on how much you've told the police. With that in mind, if the police contact you again in any way for more help with your prosecution, tell them you'll get back to them after you speak to a lawyer. And then call and retain one.

In the meantime, no news is good news. If nobody contacts you, do not contact the police either. An E non-violent felony is not likely to end you up in jail. At worst, you'll find yourself on felony probation, though, in fact, I think a misdemeanor offer would be more likely. But as you don't presently have a record and it would be nice if you could altogether avoid one if possible, you really should involve a criminal lawyer at the earliest convenient time. That would would be when the police start calling and bothering you or if they want you to turn yourself in so that they can arrest you.

If you are unable to retain an attorney then, if hiring a lawyer is out of the question because you don't have the funds, after you are arrested and come before the judge, plead not guilty at your arraignment and let the judge know that you are indigent and will need him to appoint you a public defense attorney.

Good luck here.

_____

If I've helped, please click the green Accept button so I can get credit for my work.

This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice. There is no attorney-client relationship. You are advised to consult an attorney in your state for specific legal advice.

Edited by FranL on 11/1/2009 at 12:41 AM EST
Customer: replied 5 years ago.

The trooper was very nice and I told the truth. I could of pressed charges against him for braking my phone as well but didnt choose to. do you think that will be used against me? I just dont understand why it is such a big deal now when he gave me the password XXXXX it was never a problem before.

 

Expert:  Zoey_ JD replied 5 years ago.
I am sure that the trooper was very, very nice. You confessed to illegal activities. It's a big deal now only because your boyfriend made it into a big deal. He went to the police and pressed charges. That he told you his password XXXXX XXXXX the same as having permission to hack into his email any time you want. That he gave you his password XXXXX weaken the state's case, but how much can be up to a jury if you want to take it that far.

You took the high road by not pressing charges too. Just for your information, once you're arrested, you will not be able to change your mind and get a cross-complaint, because the law in NYS won't let you do it later on.

Meanwhile, the DA's Office will be looking into the computer records. If they find evidence there which, along with your statement, would give them enough of a possibility of conviction to make it worth their while to go forward against you, you will be arrested. If not, they won't. The statute of limitations is 5 years on a felony of this sort, so they can take their time with the investigation.

I will stand by what I said in my first post. Leave this matter alone. If the police contact you, call a lawyer. Otherwise, get on with your life. It goes without saying, you should leave your ex alone too. At the very least give him plenty of time to cool down.

_____

If I've helped, please click the green Accept button so I can get credit for my work.

This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice. There is no attorney-client relationship. You are advised to consult an attorney in your state for specific legal advice.
Customer: replied 5 years ago.
I understand what you are saying... and i appreciate your help.... there is more to the story but that was the jist of it.... the trooper said he would be calling me back either way in a few weeks..... just so i am clear... i should be contacting a lawyer now?
Expert:  Zoey_ JD replied 5 years ago.
You don't have to contact a lawyer now unless it would reassure you to have one waiting in the wings, just in case. You can wait until the police contact you and hear what they say. If they want you to come in to talk, that's when you should get a lawyer first. It's damage control.

It's entirely possible this will go nowhere. In that case, you probably won't hear from the cops at all. They'll be more interested by then in matters that are going somewhere.

Again, good luck!

_____

If I've helped, please click the green Accept button so I can get credit for my work.

This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice. There is no attorney-client relationship. You are advised to consult an attorney in your state for specific legal advice.
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 17113
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.