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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 90101
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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I have been threaten to be charged with harassment by a person

Customer Question

I have been threaten to be charged with harassment by a person from Ohio, US. Aside from their is little evidence to support this claim is their a way to know if they go through with it?
Submitted: 11 months ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Are you in India and they are in the US?

What type of harassment are they alleging?
Customer: replied 11 months ago.

Yes, I will be in India and will work in Europe and very likely it will be some years until I have to go to the States, I'm not a US citizen.

 

I sent a very polite email to the mother and the father of the girl asking for a friendly and proving the girl was not mine (I think you remember me from last time we spoke).

 

Since their was no reply by email I sent a few days later that same message to the mother on Facebook, but she did not even see the message.

 

Finally like a week + I called the father, I introduced myself spoke with great care to be polite and humble and explain I was made a mistake and that I was looking to continue my life but the pain of doubting it could be my daughter was too great to ignore.

I noticed he was quiet at first I was not sure if he was listening but it later turned out when I asked several time if he was listening, he replied, I've recorded what you said, and I turning it over to the authorities, I replied I sorry for the grief I caused I was quiet for a while and he hung up. I can copy paste the email if that helps the tone of my call was very similar to the email. Please sir help me through this, I don't want a harassment charge on my record

Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your response. Sorry for the delay, I was with another customer.

If you are out of the country, the authorities in the US are not going to usually file such minor charges against you. If you only said what you claimed above, that is not harassment under the laws. The purpose of your call had to be solely to annoy or harass them and if you said what you stated above, that is neither to only annoy or harass. However, if you engage in any further communications now they have told you this, then this could qualify under the "repeated unwanted communications" now he told you he would call the police and they could get a warrant for a misdemeanor which would not be enforced anywhere except if you went to Ohio because nobody will pay to extradite you on such a minor charge.

HOWEVER, now you have been told, generally when someone does not answer your letters or text messages or emails, it means they are ignoring you and now the father told you what he did, you need to cease and desist all further communications.



I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO RECEIVE ANY CREDIT, if not the site keeps your money on deposit.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

Customer: replied 11 months ago.

Yes my decision is to unequivocally not contact them again in any manner. I will paste the email so you can judge it tone:


 


Dear Reverend Bob Kimes,

I kindly and humbly ask you to listen to me. My name is XXXXX XXXXX I met Deborah in Puerto Rico.

I know what I may write here might be too personal. However the pain is just too great, until this is solved. The problem is that the doubts I have of possibly being the father of Elizabeth (no matter how unlikely) it is too much bear.

Deb and I misguidedly/foolishly had sexual contact in Puerto Rico. It was a terrible mistake (one of biggest of my life, if not the most serious), I recognize this, and I pray for healing and forgiveness to Christ our lord.

This is why I ask you in Jesus Christs name to have mercy on me, to help me start again like Christ promised to be forgiven and to be healed. I confidently ask you this because as a man of God you are a fair person and despite fatherly affection you can also see my side. This is why I'm appealing to you to ask Deb for a DNA test; clearing away all doubts from my heart and soul. It only take 30 minutes but Sir but it will win a life time of my gratitude and avoid tarnishing all my life. I just want to know the truth, nothing more just this and after this I will intrude no more in the life of anyone.

Please Reverend, understand my position for a second, how would you feel if a precious object of love as great as a daughter, could possible be yours and you where unsure of it? Could you rest until you knew the truth, could you sleep until such a great cause of anxiety passed away? Does not every man have the right to know who his siblings are? If I could possible ignore this, I would have done so long ago. My mind can not let go because my heart is not ready to do so.

That is why I ask you Rev. Bob Kimes in God's great name of infinite love to consider what I am asking for.

Sir, if companies do a background check on will this appear on my record? do harassment charges have an expiration date? Essentially I will never talk to them again so even if this went to court the 4-5 times I tried to contact them would be easily repelled in a court right and it would not be on my record or would it. Thanks in advance Paul!



Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your response.

That email is not considered harassment either. You just need to cease all contact and just put this whole thing behind you as best you can do.
Customer: replied 11 months ago.

So I must and so I will.


Do I need to worry about repercussions to my career, in regards XXXXX XXXXX being on my record?


I sent this email 3 times: 1 x to Facebook to the mother * she has not read this one because it went to spam inbox, another to her email and the last one to the Rev email.


 


And I agree with you Paul, I must put this behind me as best I can. Thank you

Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your response.

At this point, no I do not think you need to fear anything about your record. You just need to cease contact and they likely will not take action for any harassment.
Customer: replied 11 months ago.

Sir, the mother is a lawyer this makes me a little nervous becuase I fear she might just file a harassment case against me just for the sake. However I believe that the tone, frequency, and objective of my contact does not support such a drastic action against me.


 


In any case I put behind all intentions to communication with this persons.

Expert:  Law Educator, Esq. replied 11 months ago.
Thank you or your response.

Because you are out of the country, it is a waste of time for them to file any charges and they know it because nothing can be done on such minor charges to someone not in the state of Ohio.
Customer: replied 11 months ago.

Hi Paul,


 


Is there a way of knowing if any charges have been pressed against me for harassment, thanks in advance

Expert:  Law Educator, Esq. replied 11 months ago.
No, there is no way of knowing other than doing a criminal records check on yourself. We cannot do those here, you would have to contact the law enforcement agency in Ohio and pay for the records check to be done through them.
Customer: replied 11 months ago.

Also do you believe if they have done so, and I no longer contact them, would they drop the charges, and do they automatically expire with a certain period of time?

Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your response.

Charges do not expire after a time if you are out of the country, they would remain until you got to OH and went to court or were arrested in OH. I do think that they have not likely pursued charges because you are out of the country and it is not likely the police will take the case because of that.
Customer: replied 11 months ago.

By the police taking the case you mean, that they will not accept the charges, is that correct? and also the more times passes and I do not have contact ever again with them that makes their claim far easier to repeal right?

Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your reply.

Yes, that is correct, police have to see they have jurisdiction over the crime and in a case where someone is out of the state or country there is question as to where exactly the harassment occurred since you sent these communications from another country or state. So most times they will not file charges in these cases. If you do not make anymore contact, then the more time that passes it is more likely than not no charges will be filed.
Customer: replied 11 months ago.

Thank you so much, Paul!


 


Also if I ask for a background check to the Ohio police, and their is a charge what would be the consequences. Would it make the charges worse because I'm aware of it and don't go to Ohio?


 


 

Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your reply.

If there is a warrant, you would need to engage an attorney in OH who could represent you in court and deal with getting the warrant recalled and settling the charges for you. That would be the only thing you could do. As previously discussed, they will not come get you in another country and bring you back for a harassment charge, it is too minor or a charge.
Customer: replied 11 months ago.

I see so basically for knowing their will be no consequences but I should contact a lawyer to get that resolved then?

Expert:  Law Educator, Esq. replied 11 months ago.
You should do nothing unless you find out there are charges and once you find out there are charges you need to get an OH attorney involved to resolve them.
Customer: replied 11 months ago.

Hi Paul,


 


So if I travel to Texas I will not encounter any problem with the local police their, right? and what are the penalties for harassing by contacting a person a few times, thanks.

Expert:  Law Educator, Esq. replied 11 months ago.
You should not encounter any problem in Texas, but if you are stopped in Texas and the OH police issued a warrant they will have to check with OH about extradition to OH and as we discussed previously it is not likely at all they will extradite you to OH on a minor misdemeanor because they have to pay to do so and it is expensive.
Customer: replied 11 months ago.

Can someone aside from me ask for a background check on me in OH, thank you

Expert:  Law Educator, Esq. replied 11 months ago.
Criminal history is a public record, so anyone can check your criminal history.
Customer: replied 11 months ago.

Paul,


Is their a way for me to check if a charge has been filed without incriminating myself?

Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your response.

I believe I told you this above. The only way is to request a criminal records check and you need to wait about 30 days from your last contact with these people to do so, just to make sure if anything was filed it had time to get into the computer.
Customer: replied 11 months ago.

Also can charges be dropped if they choose to do so?

Expert:  Law Educator, Esq. replied 11 months ago.
If the family chooses to drop charges they can, but you cannot call them and ask them to do so, that would be considered more harassment.
Customer: replied 11 months ago.

If I do that after 5 + month of no contact would that be okay?

Expert:  Law Educator, Esq. replied 11 months ago.
No, you cannot contact them at all about dropping charges. You can hire an attorney who can try to contact them to get them to drop charges, but you cannot have any more contact with these people, period.
Customer: replied 11 months ago.

Okay Paul,


 


Thank you for the good counsel.

Expert:  Law Educator, Esq. replied 11 months ago.
Thank you.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 90101
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Law Educator, Esq. and 6 other Criminal Law Specialists are ready to help you
Customer: replied 10 months ago.

Dear Paul,


 


What are the worst consequences for this type of charge, thank you in advance.

Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your response.

The worst would be 6 - 12 months in local jail, which is almost never given to a first offender. This is really a minor charge.

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