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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 116829
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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, been charged with harassment. individual

Customer Question

Customer: harassment
JA: Thanks. Can you give me any more details about your issue?
Customer: been charged with harassment. individual says he received anonymous text messages that his wife was having an affair. said he called the anonymous number and it rang back to my voice mail. I did not send any messages to anyone.
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Customer: yes
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Submitted: 1 year ago.
Category: Criminal Law
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 is your question for us on this issue?
Customer: replied 1 year ago.
the individual went to police. they found no reason to charge. he files a civil complaint and I am given a summons to appear for booking. also given an arraignment date. I did not send any text messages to him about anything, but due to the fact his wife and I had an affair several years ago, he is accusing me of this offense.
Customer: replied 1 year ago.
btw...I am in Tennessee
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
The court has to accept all cases filed at their in person desk. The court does not investigate anything, like the police do. So just because he filed the charges and sent you a summons means pretty much nothing. You say you have the evidence, then it is up to him to prove to the court you did this and if he does not present actual evidence (besides his statement alone) then you would be able to get the court to dismiss the case.
Customer: replied 1 year ago.
With technology as it is today, I know individuals can "spoof" calls to make it look like someone is calling or texting you, even though it is someone else. That's what concerns me. I also found out recently that I have been a victim of identity theft, and can prove that. I don't have a way of proving I didn't send him text messages, other than my personal phone records that show nothing.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
They can spoof calls, but you can subpoena your phone account records to show it did not come from your phone. So that is what you need to do, get a subpoena from the court clerk for your phone records to your phone company and those records will still show that the call did not come from your account.

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