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In the beginning of April 2018, I found out there was rumors…

In the beginning of April...
In the beginning of April 2018, I found out there was rumors being spread about my wife and her ex-boss. I also saw there were text messages, emails and phone calls between the two. Although I don't believe there was anything actually going on between the two of them I was upset so I sent her ex-boss a message on Facebook and then realized he didn't go on there much sent the same message to him on LinkedIn. (copy of the message below)This week on 8 May 2018, a state trooper showed up at my door at 11:30 PM told me to call a number, it turned out to be a police officer in Scott Township in Bloomsburg Pa. The officer said the message was could be consider a threat and harassment. It lectured me for over 15 minutes and ended the call saying there would be no charges filed, but he would fill out a report. I told him there was no threat intended but only the promise to visit the ex-boss and talk to him in person and tell his wife about what was going on.I have a security clearance for the government and can't afford anything on my record. Also he said he could not find a phone number for me and that's why the trooper contacted me so late at night because he wanted to resolve this as soon as possible. The messages was over a month old, and it was at 11:30 PM. Is this standard procedure? Also he knew my name, where I lived so wouldn't the DMV have my phone number?Was this a scare tactic or should I be worried about this and my record?My name is***** Favia’s husband. I don’t know you and I really don’t want to know you, but you have wormed your way into my life in a way I’m NOT happy about. I’m aware of the allegations about you and my wife and that has me pissed. I’m also aware of multiple emails, texts, and phone calls between the two of you as well, this too pisses me off.Here is the message I sent him:I strongly suggest you END ALL contact with my wife. If I find out different I’ll be paying you a visit, and maybe your wife’s as well. Nothing you can say will have me believe you and because of some things in my wife’s past I don’t fully believe her either. If I come to find out there is any truth in these allegations, I WILL be paying you a visit.
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Customer reply replied 3 months ago
Some how the last part got scrambled
Here is the message I sent him:My name is***** Favia’s husband. I don’t know you and I really don’t want to know you, but you have wormed your way into my life in a way I’m NOT happy about. I’m aware of the allegations about you and my wife and that has me pissed. I’m also aware of multiple emails, texts, and phone calls between the two of you as well, this too pisses me off.I strongly suggest you END ALL contact with my wife. If I find out different I’ll be paying you a visit, and maybe your wife’s as well. Nothing you can say will have me believe you and because of some things in my wife’s past I don’t fully believe her either. If I come to find out there is any truth in these allegations, I WILL be paying you a visit.
Answered in 14 minutes by:
5/10/2018
ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Criminal Law
Satisfied Customers: 18,171
Experience: Licensed Texas General Practice Attorney
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Thank you for using JustAnswer.

I'm sorry to hear about your situation. First of all, it's easy to find out where you live, as that's going to be something in the DMV records (your driver's license) or other applicable records (tax records, for example). Those records don't necessarily have your phone number associated with them, so it's not unusual that they couldn't find your phone number. If you don't have your phone number in some way associated with those records that they checked, and don't have a listed phone line that you use (which is increasingly rare these days with cell phones) then that's understandable.

As far as the 11:30pm visit, I'd say that's less common, but not outside of the realm of possibility. I've heard of 2 am knocks on doors. It's less common, sure, but it's not illegal for them to do so. And a lot of the time that's the message that they're trying to send, that "this could have been an arrest, but it's not and you should be happy and not do what you did in the future". Whether or not it's ethical or moral is a matter of opinion. The point I'm making is that it IS legal for them to do so.

As far as your statement is concerned, I understand that you didn't mean for it to appear threatening. But ultimately if it were to go to court, a jury would determine that. And of course you would say in court that you didn't mean for it to be threatening (because everyone would say that in court, even if they HAD meant for it to be threatening). The question is what would a reasonable person think under the circumstances. Now the fact is that it is ambiguous, which is likely why no charges were actually filed. But it could be seen to be threatening. You didn't say what you would be doing if you paid him a visit. And from the tone it doesn't sound like you would just want to talk. Now I do believe you that you didn't mean for it to be threatening (you have no reason to lie to me) but if I were to read this without any of that context, I would interpret that as a threat. Again, it doesn't sound like you'd want to visit for a conversation, and so the question would be what would you want to "visit" for?

THe point is that there is still some ambiguity, which is likely why no charges were filed. And having a "report" is not going to be on your criminal record. It might be relevant if there are further communications or interactions with this person, but otherwise it's not going to be something to worry about in regards ***** ***** security clearance.

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

Thank you, ***** ***** luck to you!

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Customer reply replied 3 months ago
Thank you for your quick reply. Just one more follow up.From what I read I thought harassment charges in Pa. weren't tried by jury but a judge alone? I've read that in multiple references for harassment in Pa. Or am I wrong? I also understand that no civil charges can be filed in this type of event. Is that also correct?

That's true for "summary harassment". That's the "lowest" form of harassment. If it was misdemeanor harassment you could get a jury. Ultimately it would depend upon how the prosecutor would charge it.

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As far as civil charges, yes, that's correct because there are no "damages". In any civil case the plaintiff has the burden to prove economic damages. THere were none, so no case.

ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Criminal Law
Satisfied Customers: 18,171
Experience: Licensed Texas General Practice Attorney
Verified
ScottyMacEsq and 87 other Criminal Law Specialists are ready to help you
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Customer reply replied 3 months ago
Thank you so much! I'll be sure to give you a 5 star review for your help! You have a great day. Is your office in my area, Northeast Pa. in case I have any future legal needs?

Unfortunately no. And even if it were, I couldn't take on legal cases for customers through this site (per the terms of service of the site, we're only supposed to answer questions, not represent you). But I would suggest contacting the local or state bar association "lawyer referral service" to get a referral to a good attorney in the area.

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