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AttorneyTom
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Category: Criminal Law
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I used to be friends with someone who has become a stalker.

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I used to be friends with someone who has become a stalker. I started avoiding her because she wanted something more than I did. Instead of letting it go, she started to send me threatening emails and text messages, threatening my family. She tried to get me kicked out of my house. I ignored her for about a month while this was happening. She finally came to my house looking for me and threatening to file a restraining order against me. I finally called the Sheriff's Department and and talked to a deputy, opened a case, letting them know she was planning to use false allegations against me (as a form of abuse against me). Today I received a text message from her mother saying that they filed a police report against me. I've been avoiding her but now I think they are trying to pin some sort of property damage against me. I have copies of all the emails she sent me and I can prove where I was at the time whatever they say happened. What's going to happen next? How do I respond to this police report filed against me? I have a clean record and she doesn't but I want to keep my record clean. I still have not been contacted by anybody and am considering a restraining order against her.
Submitted: 5 years ago.
Category: Criminal Law
Expert:  AttorneyTom replied 5 years ago.
Hello! Thank you for bringing your question to JustAnswer! I'm T-USA and I'll be happy to provide some valuable information!

I'm sorry to hear about the situation!

I would like to make sure that I know what information you want so that I can ensure that my response addresses the issues you're wondering about.
You want to know:
1. What can someone who's been wrongfully accused do in response to an accuser filing a criminal complaint?

Is that correct?

Thank you!
Customer: replied 5 years ago.
Yes, that is correct. Also I just got a phonecall from the police dept. They left a message saying they want to talk to me. What do I do? Please tell me soon if you can!!!
Expert:  AttorneyTom replied 5 years ago.

I am working on an answer to your question now. Please be patient and I will post the answer as soon as possible. This may take a little time, as it may require some research and it takes some time to type up a response.

Thank you!
Customer: replied 5 years ago.
For sure I thank you.. Just a little nervous with the police right now.
Expert:  AttorneyTom replied 5 years ago.
Unfortunately, there's no real way to refute a criminal complaint by itself so as to make it go away. The only thing an individual really gets to respond to is a criminal charge through the legal process. That's when the state has decided to prosecute someone for a crime.
If you choose to talk to law enforcement, you need to have your lawyer present. A suspect is entitled to remain silent and refuse to speak to law enforcement and a suspect may demand to have his attorney present for any discussion with the police.

It's important to understand that law enforcement usually wants to speak with someone to get information that will be helpful in prosecuting that person. While officers often try to ingratiate themselves to a suspect, they're really just working that person for damaging information. This is why you must retain an attorney and have your attorney present. There's no way to make the matter go away, but your attorney can help you take the right steps and make the right statements to avoid doing any unnecessary damage to yourself.

I know that this answer may not be entirely what you wanted to hear. However, it's the honest truth and I know you want a truthful answer above all. I rely on your honor to earn my living and I hope that you will click accept so that I am paid for my time and effort spent providing this information. If you don't click accept, I don't get paid anything at all.

If you have a follow-up question, please be sure to ask it using the REPLY feature and I will respond as promptly as possible. In some instances, depending on how long you wait to reply, there may be a delay in my response as I may be taking a necessary break from work.

Thank you again for coming to JustAnswer!
Customer: replied 5 years ago.

Just one last thing and I will leave you alone. Since the police called me on my cellpphone, am I forced to call them back?

Expert:  AttorneyTom replied 5 years ago.
Nothing typically requires an individual to return a phone call to anyone. Until such a time as someone is arrested, he's generally free to do whatever he pleases. However, that doesn't mean that law enforcement can't come to someone's home, seek an arrest warrant, etc. You definitely should consider retaining an attorney immediately to help you address this matter directly so that you don't put yourself in a precarious position.

I know that this answer may not be entirely what you wanted to hear. However, it's the honest truth and I know you want a truthful answer above all. I rely on your honor to earn my living and I hope that you will click accept so that I am paid for my time and effort spent providing this information. If you don't click accept, I don't get paid anything at all.

If you have a follow-up question, please be sure to ask it using the REPLY feature and I will respond as promptly as possible. In some instances, depending on how long you wait to reply, there may be a delay in my response as I may be taking a necessary break from work.

Thank you again for coming to JustAnswer!
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