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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
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Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I have been involved in a very emotional separation from my

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I have been involved in a very emotional separation from my wife the last few weeks and after moving out, she has continued to be very hurtful. I won a restraining order against her last week, but there still has been contact by her and her family (which I did nothing about foolishly) and yesterday she got my sister very upset when they spoke, to the point of breaking her down emotionally. I won't get into what she did as it's doesn't matter, but I am only human and after being lied to for over 6 years, watching my family get destroyed because of her drug addiction (Monday she has a surrender hearing for breaking her probation so many times and failing so many random drug tests), I finally struck back. I didn't do anything until I had reached my limit and just wanted to get back at her. Begin so raw and emotional, I was also not thinking and I had access to her email and facebook account (She had given me her password XXXXX long time ago as we were pretty trusting at one point). Not thinking and wanting to get back at her, I logged into her email and facebook and changed her password, forcing her to contact the website's and get the passwords set back. I also printed a lot of correspondence that would show she was still using drugs, lying to me, falsely accusing me of vandalism as well as other things. I know I am in deep trouble and want to know just how bad it could be. I am not going to try and justify what I did any further other than to accept responsibility now for my childish actions, and plan for whats coming next. I do not know when it will come up (during divorce or if separate charges are going to be filed). Other than a few speeding tickets, I have no criminal record what so ever, but am wondering if I am going to have to go to jail? And did I 'hack' her account, or did i just log in and use it without permission and are the penalties different for each? Thank you.
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 2 years ago.
Hello Jacustomer,

While arguably this is computer hacking, under the situations you describe here, including the fact that your wife had shared her password XXXXX you and, for all I know shared the computer and the printer too, if your wife wanted to try to get charges pressed against you, the police and prosecutor would likely steer your wife to family court rather than attempt to prove you guilty of a criminal offense beyond a reasonable doubt. It really looks far more like a Family Court matter than a criminal act. And given what you say was in her correspondence, I would not expect her to run right out and try to get you arrested in any case The data in there is incriminating and she is still facing criminal issues. And finally, given her track record and criminal history, she's not going to get a great deal of support from the system anyhow.

All the same, I think that you should not discuss this with your ex, with her family or yours, with anyone else other than the lawyer that you get for the divorce. If you are called by the police to discuss what you did here, you should just tell them that you're waiting to hear from your lawyer before talking to anyone else. And then go find yourself a criminal lawyer to consult with who will tell you what to do from there.
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16545
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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