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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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  #1  
Old 10-24-2004, 03:02 AM
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Join Date: Oct 2004
Posts: 12

Harassment???


What is the name of your state? PA

Thanks for taking the time to read this. I am 19 and was issued a "Summons For A Non Summary Case Non Traffic" I am accused of sending three emails to a ex girlfriend. I did not do it. Her dad is the fire chief, once we broke up, he got pissed at me and had her talk to the police. I cheated on her, was really stupid. I admit it now. But def not a police matter IMO. She was stalked a year or two before we got togethor, before I even knew her, they never caught the person and I think that her dad and police think it was me. Basically one day I got a phone call from a detective telling me she had contacted them and filed a report and told me to leave her alone. I said ok, no problem, I had already moved on. Than about a month later I got a phone call saying that she received the email's from my comcast account. I havent used my comcast account in months, but everyone knows the password/can easily guess it. and it had my cell # on it (thats the password). I said it wasnt me. He even gave me the dates they were sent. One of the days I was not in the state, I was in Maryland at a fire department riding along for the weekend. I told him that and he said " I dont care. I know its you." I responded "Fine. When you can prove it was me. Contact me." I hung up the phone. Three days later I got the letter. I am freaking out now. I am about to finish up with my Paramedic class and be able to get a job as a paramedic. I will gladly pay the amount, but I want to know if its going to effect my possible employment oppurtunity as a paramedic/fire fighter. Any help is much appreciated.

Edit: I forgot to add this. I offered the detective that called the second time, all of my PC's and was willing to submit to a lie detector test. He declined on both. I think that her father is calling in a favor or something to pursue this. I called him, he is my chief, and said straight up to him "I am over with Holly. She deserves better than me." He said "I dont ****ing care. I know what you are doing, and if the police dont stop you, I will" Since than I have not had any shifts scheduled. I am ok with that, I work at another station and am getting in my time there. I dont know if that matters or not. Just kind of upsets me, when we can barely staff an ambulance, and he lets personal matters interfere with the publics safety.

Last edited by CBlasek; 10-25-2004 at 05:35 AM. Reason: Addition
  #2  
Old 10-24-2004, 04:22 AM
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Join Date: Jul 2002
Location: Northeastern Pennsylvania
Posts: 759
Let's begin with this:

I don't believe you.

Now that we have that out of the way, it would be easy to determine the source of the emails by checking the IP address. Is your Comcast account an ISP issued email account? If so, the police would simply need to obtain a court order to view what telephone number was used to dial into your ISP (if it's dial-up). If it's broadband, the IP assigned to your computer is assigned to YOUR computer, and is easy to track.

In other words, it's easy to determine if it was you or not. If you dispute it, contact Comcast and see if you can get a print-out of the numbers used to sign in and you should see the telephone number assigned to that IP at the time in question.

You are lucky that you were cited for a summary charge of Harassment, and not arrested on a Misdemeanor charge of Harassment.
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  #3  
Old 10-24-2004, 04:44 AM
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Ok. I appreciate your response. Whether you believe me or not, I do not really care. I know I did not do it. I will call comcast and ask. Will this charge show up on a criminal record check? I would fight it if I wouldnt miss my paramedic class. I can not miss one day until the class is done, or else I will be dropped from the class. If its going to show than I have no other choice to fight it.
  #4  
Old 10-24-2004, 12:30 PM
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Location: california
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Why does "everyone" know your password to your email account? How would that subject even come up in conversation?

None of my friends know my passwords to my various email accounts and I don't know theirs.

It's a weak argument to claim someone else used your email account to stalk your ex-girlfriend.
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  #5  
Old 10-24-2004, 05:54 PM
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When I say everyone I mean, anyone that I feel close with. Plus it isnt that hard to guess. Like I said, its my cell #. I really dont know how it would come up in conversation, but I have given it to people so they can get stuff from my online storage with comcast. I know it sounds weak. But I have no motive or desire to get back with her. I am engaged now and I have moved on. And the stalker was before I met her. I dont know. I am just really concerned about this showing up on my record and not allowing me to get a job.
  #6  
Old 10-25-2004, 01:57 AM
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Location: Northeastern Pennsylvania
Posts: 759
Summary offenses for harassment won't show up on your criminal history maintained by the FBI (NCIC) or by PSP (CLEAN). The record will obviously exist at the police department that issued the citations and the Magistrate's office.

If you are concerned about missing class, then why not request a continuance? Call the Magistrate, explain that you will be in class on the date and time of the hearing, and ask he continue it. Most Magistrates are pretty fair in this manner.

If you honestly aren't responsible, then you SHOULD contest it.

Oh...and change your password.
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  #7  
Old 10-25-2004, 05:32 AM
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Join Date: Oct 2004
Posts: 12
Believe me I have changed it. How long will the local police department maintain the record? I did not know you can request something like that. I thought you had to appear on that date and thats it. I will do that than. I called comcast and they are going to call the police department and send them a "Allocation Of IP Addresses" and "Email Login IP's" they said thats what you were talking about Bravo8. I appreciate your help.
  #8  
Old 10-26-2004, 02:19 AM
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Location: Northeastern Pennsylvania
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You're welcome.

The police will probably maintain the record indefinitely. After a while, it may be archived, but I doubt they will ever destroy the record.
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  #9  
Old 10-26-2004, 09:54 AM
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Posts: 12
Ok. Thanks. Do I have to disclose this on a job app or anything like that? And if I plead not guilty, and am proven to be not guilty, will the charge or citation just disappear or will there always be a note on my file or something like that?
  #10  
Old 11-01-2004, 11:07 PM
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Location: Northeastern Pennsylvania
Posts: 759
Whether you disclose it or not is your business. It will depend largely on the job. As a Paramedic, I sincerely doubt they will do an extensive background check similar to what a police or military applicant is subject to.

Also, a summary citation is not, as defined by PA law, an arrest. Nor is it a crime under the PA legal definition of the word.

I sincerely don't know how long the District Justice will keep the files readily available. I know our DJ archives his old paperwork, and I have no idea what happens from there. However, all the courts are linked through the AOPC (Administrative Office of Pennsylvania Courts - I think that's what it stands for....) via their computer terminals. I have no idea how long records are maintained through this system.
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