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Have my civil rights been violated? Her (false) accusation was enough for for me to be treated this way?
Anonymous6 views3 answers
My ex girlfriend had filed a false harassment and stalking complaint. The police show up at 2am and violently banged on the door alarming everyone in the house. (We thought we were being assaulted!) I don't have a criminal record and I co-operated with the police and I was still arrested for telephonic harassment. (these were not threatening just conversational texts) I got a copy of the police report and it was full of lies, half truths, and misleading information.
It seems like no investigation was done. Her (false) accusation was enough for for me to be treated this way? I feel like I have been wronged on so many levels.
BTW- The officer left out information to my defense and told me twice she would add my co-operation in the report but did not.
From the facts you describe, your rights have not been violated by any state actor. You believe that the complaining witness maybe lying or not telling the whole truth. That is a defense to the charge and her credibility is a question for the jury. If her allegations are completely baseless, she might be exposed to civil liability in a malicious prosecution suit. You will need to talk to an attorney about that if you get the charges dismissed or win at trial. Your scenario is extremely common. Get a lawyer, people have gone to jail over less.
I agree entirely with Mr. Rioux's answer. I just want to add:
You said in your question that "these were not threatening just conversational texts." Telephonic harassment is the crime of contacting someone over the phone once they've asked you not to do so. Whether the communication is perceived as "threatening" or not by the sender is irrelevant. If you gave that testimony at trial, you would likely be convicted.
This is a good example of the risks of sites like this one. If you could be identified from this post, this information could be used against you. For that reason, you should not provide any more specific information here, or in other public forum. Retain a criminal defense attorney and discuss it with them alone.
Mark M CheserDUI / DWI AttorneyUnion, NJNJ licensed ·
I agree with my colleagues. get an attorney ASAP. They can debunk the lies and present evidence on your behalf. the police were acting on her information which was enough to lodge an offense. The police did not do anything wrong (at least in your post). defend against the charges.
