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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 114698
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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I am interested in case precedents criminal charges of

Customer Question

I am interested in case precedents for defending criminal charges of harassment and stalking when the purpose of reaching out was legitimate.
Submitted: 1 year ago.
Category: Criminal Law
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
What was the purpose of reaching out? Was there any prior order against you preventing contact?
Customer: replied 1 year ago.
There was no prior order. Purpose of reaching out:
1) discovery of STD meds in ex bf's apt and I asked please to inform me why in possession / do I have to be worried for my health
2) Lied to building management that I asked doorman for his key to trespass when doorman says I did not and building cameras show I never went near his floor when he was awayI wanted to know answer to first for my health, and the second I wanted to know why he would accuse me of something and place my property / my home in jeopardy when he knew I did not do such a thing. The latter was probably dumb as not many people would respond "I wanted to get you kicked out so I didn't have to deal with answering first question)We lived in same building. Police officer called and said I would be arrested and I was. There was no physical violence, yelling or threatening on my end. I thought NU had stringent primary aggressor laws in place which require an officer to interview both parties, and to include exculpatory information in police report. I was never interviewed, and when told arrest was inevitable. I clearly told the officer my questions were 100% legitimate. He did not reference any of this in report. I was arrested and an Order of Protection against me. I have an attorney, but problem is with ADA incentives to push for conviction or at least an ACD, the case lingers. I refuse on principle to accept an ACD. Plaintiff made a false statement(s) to have me arrested and I deserve a dismissal. Plus an ACD means public charges for six months to a year which I do not deserve and every day this case lingers is a spear through my mental and physical health, as well as a reputational dagger and a financial drain. It is absurd these things can happen in 2016 just because someone runs to the police and cries wolf. I do not want to sue police or point fingers at any law enforcement even though many unethical factors were at play here. But I want a way to convince ADA to dismiss immediately and vacate order of protection because even though the law may be an adversarial system, this is not a game based on conviction points. This is my life and my character.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
1) You have a right to try to contact him for legitimate questions about a potential hazard to your health. However, the prosecutor will look at how many times you tried to contact him, such as contacting him a few times about the medications is reasonable and if he did not answer then the reasonable person would go to the doctor and get themselves tested for STD to make sure.
2) If they cannot prove you went to his floor, that claim is bogus and should be dismissed as well. The video will clear you.
Additionally, once you prove in court you did not do what he claims you have done, you can then turn around a sue him in civil court for "malicious prosecution" for making known false charges against you and having you pursued for prosecution and you can seek money damages from him.
If you did none of what they are accusing you of and the ADA will not agree to dismiss or reduce the matter at least to disorderly conduct, which is not a crime but like a parking ticket, then you need to go to trial with it.