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AttyHeather
AttyHeather, Lawyer
Category: Criminal Law
Satisfied Customers: 546
Experience:  Attorney with 15 years experience
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My ex girlfriend stopped talking to me suddenly and I heard

Customer Question

My ex girlfriend stopped talking to me suddenly and I heard that she is accusing me of sexual assault (which is not true). I heard that she went to the police. Yet I have not been contacted at all and it has been a month.Is there a way to find out the truth? Is there a way to get her to talk to me like with a subpoena? Can I sue for defamation?
Submitted: 4 months ago.
Category: Criminal Law
Customer: replied 4 months ago.
In Maryland.
Expert:  AttyHeather replied 4 months ago.

Hi, I'm Heather, an attorney with 15 years experience and I'd like to assist for informational and educational purposes.

It's likely that if she went to the police, that they would have contacted you for interview. They haven't, and that tends to make me think that she has not filed a report. However, it's not determinative.

You can probably get a copy of the police report, if there is on by filing a request for public records. Since you would be the subject of the record, you can request it. You can request the records by going to this website, where you can find the form and instructions: http://mdsp.maryland.gov/Pages/PublicInformationRequest.aspx

Without filing a court case, you cannot issue a subpoena, as subpoenas are used to obtain documents for pending court cases.

If she has told people that you've raped her, then there is a potential defamation case; however, her defense to that will be that she was telling the truth, as truth is a defense to defamation. If you sued her, the civil defamation court (not criminal court) would have to have a trial on whether you committed the rape, inside of the trial about whether she made the defamatory statements, in order to assess her defense that she was only telling the truth. For practical purposes, most people don't end up filing defamation cases like that, since they are very expensive.

Have I been helpful tonight? Please let me know if I've answered your question?

Customer: replied 4 months ago.
what is my recourse here?Is there another reason why the police would not have contacted me?
Expert:  AttyHeather replied 4 months ago.

They could be too busy with other cases that are higher priority. They might not believe her. She might not have filed the report.

I think you just request the records. It's not that expensive and will help you determine if there's anything filed.

Does that help at all? Let me know, as I'm here to help!

Customer: replied 4 months ago.
If I file for access to the reports, will that tip off the police and make them think I'm guilty?Who will actually know that I filed for access?Can I file for it anonymously?Can I file for access for everything that involves her instead?
Expert:  AttyHeather replied 4 months ago.

While I am preparing your answer, could you confirm that I was able to answer your initial question? Just want to make sure I'm on the right track in assisting you tonight. Thanks!

Customer: replied 4 months ago.
partially. I just like I'm being wrongfully accused of something or just that it's affecting my reputation. So I kinda want to know what kind of action I can take against her.
Expert:  AttyHeather replied 4 months ago.

I doubt it will "tip off" anyone. They get alot of requests in. As an attorney, I have requested lots of documents, and I've never gotten the feeling that the police are looking to find someone guilty just because they requested information about themselves.

The agency that you request the records from will probably keep a record on file showing that you requested the document and that they provided it.

No, you cannot file anonymously. The main reason you are entitled to get the police report is because you are the subject of the record. Therefore you must name yourself.

If you have a pending lawsuit against her, you can then request records with her as the subject; without the pending case, requesting the records under her name will likely be denied. You don't have the right to request records about others except under special circumstances, like you are suing her.

Has that helped better explain? Let me know, as I'm here to help!

Customer: replied 4 months ago.
How long does it take to get documents?Can I just ask for all documents involving me or do I need to be more specific than that?Is having a lawyer ask on my behalf better?On the website you gave, it says that it can be denied? What whould be the reasons for that?Is it possible to get a court order for all her electronic data to show that everything was consensual?
Expert:  AttyHeather replied 4 months ago.

How long does it take to get documents?

A notice must be provided in writing or by email within ten working days of receipt of the request. The notice must tell the applicant how much time it will take to produce the record, the reason for the delay, and an “estimate of the range of fees” that might be involved in producing the record.

Can I just ask for all documents involving me or do I need to be more specific than that?

The more specific you are, the better able the agency is to search and find the correct record.

Is having a lawyer ask on my behalf better?

Yes, because they know how to do the process. No, because it's something you can do on your own without incurring those fees.

On the website you gave, it says that it can be denied? What whould be the reasons for that?

Some information is confidential, provided by law. For example, people who report to child protective services about child abuse are to have their identity protected and not disclosed. There are alot of situations like that under the law where information cannot be disclosed by law, and each record request is assessed on a case by case basis for whether it can be disclosed. I don't have a list of all the situations, but you get the point.

Is it possible to get a court order for all her electronic data to show that everything was consensual? Yes, I've heard of attorneys doing that, but in my 15 years of practice, I've never done it, nor have I had a case with another attorney whose done it, mainly due to the cost and client being unable to pay for such a discovery procedure.

Customer: replied 4 months ago.
Is there a way to know if she filed for a restraining order? I found a website for court cases in maryland. Would this include even recently filed cases?
Expert:  AttyHeather replied 4 months ago.

Hi, I'm not sure what website you are talking about, so I can't answer your follow up question. If you will cut and paste the website, I'll be happy to check that for you. Also, could you please let me know whether I've answered your original question?

Customer: replied 4 months ago.
http://casesearch.courts.state.md.us/casesearch/
Expert:  AttyHeather replied 4 months ago.

Having reviewed that website, I see no reason why it should not show recent cases. I apologize for the delayed response, as I have had to spend some time at the office and did not have spare time to log in.

Please kindly issue a positive rating for my assistance. Thank you.