help, innocent!

[Nuthinisover]

What is the name of your state? NJ

Ok this story is somewhat complicated, but I'll explain to the best of my abilities. About six months ago I was accused of threatening my ex via email. When I turned myself in I was told that I would recieve an ROR if I told them what they wanted to hear. I pleaded my innocense, but the detective told me unless I told him what he thought was the truth, I was going to have to post bail, which I didn't have. He then explained that they traced the IP address the emails were sent from to a friend of mine's house out of state. Eventually out of fear of long jail time and what not, I agreed to confess. He recorded the whole thing. At the end he told me that in order to get ROR or even post bail, I needed an address I was staying at. I had been living with my grandparents and got my state ID with there address, but I had a falling out and moved out of state with a friend for awhile. They told the cops this when they went to their house. The friends wife and I didn't get along and I was asked to leave. I was then living in my car for a month and a half, and motels. I had no address and I had to give the detective something or I wasn't getting released so I just said I was living with my friend that the emails were sent from. Probably not the smartest move. Anyway, the detective lied and denied me ROR and I was locked up and I'm facing serious charges. Terroristic threats in NJ are 3rd degree offense's. It's also a DV charge. The thing is, I really didn't send the emails. I never lived at my friends, nor did I send emails from there, as a matter of fact, I was living in my car at the time the emails were sent and I can prove it I have witness's. My friend and his roommate are willing to step forward and vouch that I wasn't living there nor was I even in the house during the time period the emails were sent. What's more when the police were looking for me they went to that house and my friends roommate let them in to search and told them I wasn't there and I haven't been in sometime. Other then he's my friend, there is nothing to tie me to that house or that computer.
Can this information help me? They have a confession but it's fake and I can prove it obviously. What do you recommend?

 

[The Occultist]

Pretty serious situation you got there. Hire a lawyer.

 

[Nuthinisover]

I am hiring an attorney, I just wanted to get some opinions on the matter. Do I stand a chance of clearing my name, or have I screwed myself by letting the cops screw me?

 

[Ozark_Sophist]

You could send emails from that IP without having set foot inside the apartment and while living in your car. Wireless + Laptop = Trouble.

 

[fairisfair]

yeah, no kidding, or he could have stopped by, or he could have had his friend send them, or a number of other things.

You living in your car is absolutely NO defense, and the idea that it is is ludicrous.

Writing everything down is ridiculous as a defense. Unless of course you are writing down the names of reliable and credible witnesses who were WITH you at the exact time that the emails were sent, and then of course, that might not even matter as they could have been set to send later.

Oh, well, at least if you write everything down, you can compare it to what they police wrote down, you know, when you apparently lied and confessed, and then you can swear that THIS time what you wrote down is the truth.

Take occultist's advice. Hire an attorney. This isn't some kind of DIY project. And I am quite curious as to the "advice" that you received from the other poster. indicating that your innocence depended on what you wrote down. Gee and all this time, I thought that innocence depended on whether or not you did something. Because as anyone with ANY knowledge of the law would know, you aren't found "innocent".

 

[fairisfair]

This situation is going to be a long drawn legal matter. First, I would write everything you can remember on paper, (much like you did here) try to remember all the dates you can and names and addresses of witnesses who saw you living in your car. Your own knowledge is going to be your best defense here. You MUST obtain a lawyer right away, especially if you are facing 3rd degree felony charges. Hand the lawyer the paper with all the info on it, and see if anything compares to it and the discovery they obtain when they take on a legal case, In my opinion, I would say, you might get to either A) Plea out to a lesser charge, or very possibly ( but not likely) get the charges dropped. You must recant your confession as soon as possible. Which your lawyer will help you do, you MUST tell the truth in every detail that you can, your innocence it going to depend on some very detailed times and dates.
I hope things work out for you
Air

You are very good at removing your posts and then reporting others. Not this time.

 

[Airbaby1969]

I am not removing my posts, Mary is, just as she has removed yours..

 

[fairisfair]

I am not removing my posts, Mary is, just as she has removed yours..

M did not remove my post, you did, and you just lied about that as well. She is not on the forum right now. Nice try. Go ahead, report the last one. You know the one where your quote is. I am quite sure that she merely didn't realize what you were up to. now she will

 

[Nuthinisover]

You could send emails from that IP without having set foot inside the apartment and while living in your car. Wireless + Laptop = Trouble.

Are you saying if someone has my username and password and they use the same IP with a wireless laptop that they can essentially make it seem as though I was using the computer at the time?

 

[outonbail]

Are you saying if someone has my username and password and they use the same IP with a wireless laptop that they can essentially make it seem as though I was using the computer at the time?

Yeah, in fact, maybe they are doing it right now? Maybe this isn't really you posting a question, but the "other" person with a wireless laptop essentially pretending to be you?
I sure can't tell, how about anyone else?

 

[fairisfair]

Yeah, in fact, maybe they are doing it right now? Maybe this isn't really you posting a question, but the "other" person with a wireless laptop essentially pretending to be you?
I sure can't tell, how about anyone else?

Now THAT was funny!

 

[Ozark_Sophist]

Are you saying if someone has my username and password and they use the same IP with a wireless laptop that they can essentially make it seem as though I was using the computer at the time?

No, you can email from the driveway or the street where you are living in your car.

 

[Forensic]

The "confession" is going to get you, but never believe it when they say they traced the IP so easy as that. I can prove just as easily that the IP address was spoofed. Was it a webmail account, like Hotmail or Yahoo!? Even more difficult. IP traces are a lot more involved than running a whois on the net.

My first post, soon to be a law student and I love these forums :0)

 

[Nuthinisover]

yeah, no kidding, or he could have stopped by, or he could have had his friend send them, or a number of other things.

You living in your car is absolutely NO defense, and the idea that it is is ludicrous.

Writing everything down is ridiculous as a defense. Unless of course you are writing down the names of reliable and credible witnesses who were WITH you at the exact time that the emails were sent, and then of course, that might not even matter as they could have been set to send later.

Oh, well, at least if you write everything down, you can compare it to what they police wrote down, you know, when you apparently lied and confessed, and then you can swear that THIS time what you wrote down is the truth.

Take occultist's advice. Hire an attorney. This isn't some kind of DIY project. And I am quite curious as to the "advice" that you received from the other poster. indicating that your innocence depended on what you wrote down. Gee and all this time, I thought that innocence depended on whether or not you did something. Because as anyone with ANY knowledge of the law would know, you aren't found "innocent".

I understand what your saying, and I have hired an attorney. But here's the thing, aren't I innocent until proven guilty? Someone pointed out that anyone could have accessed the IP address that the emails were sent from. So while there is reason to believe I may have done it, the courts have to prove beyond a reasonable doubt I did, and if the possibilty exist that someone else could have done it and they can't prove it one way or the other, and they can't prove that I did it beyond a reasonable doubt, then I would think there would be an problem. As of right now the only solid thing they have is the fake confession, and if I'm able to prove I lied, wouldn't that help me alot?

 

[stephenk]

who do you suspect sent the threatening emails to your ex?