Warrant - Real issue here?

[shadrach]

What is the name of your state? Arizona

Hello! First time here. Got a question about a warrant.

I recently found out that there was a warrant issued for me back in 2003 from a 2002 issue. The deal is this. I used to work for a company and they were not computerized at all, meaning no internet access or anything at work. I had something that I had to email logos for something or another and did not want emails coming to my personal email which had been long established. So at my home, on my own time I had made a Yahoo email account which I would use for the thing. So I registered from my computer, on my time, just had the company name and with AZ after it. You can make any name you want on Yahoo, can put Microsoft at yahoo if you want, doesn't mean you're that company, but it is still your email since you singed up for it. When I had left the company it was a huge, nasty, separation. Very ugly. So I will admit that every now and then I would log into the account I had made and checked it to be nosey. I never read anything that was not already read. I did delete one maybe two things just to mess with them, nothing important though. Since the fallout when I left was ugly, the VP of the company decided to call the police and turn this in. The police did call me, and we talked and I was told I would get a call back if anything further was to be done. Never heard a thing, and just a couple days ago found the warrant deal was out for me. So the question I have is there really an issue they have here? Wouldn't that email be considered mine since I made it from my home, with my computer? Any help would be great!

Thanks!

Oh, and I also wanted to add, that the company is now bankrupt and no longer around.

[jdmba]

If there is a warrant for your arrest, there must be a reason. What law are you accused of violating?

Assuming you are accused of unlawful access into a computer account (or whatever such law would be called in AZ), the answer probably turns on whether the company owns the Yahoo account, or whether you do.

Because of agency laws, that account may have been owned by the company, not you. Think of it this way...if you, on behalf of your company, went to your local bank and opened an account, the account would not be your personal account, but instead would be a company account, right? Therefore, you wouldn't be able to utilize the account for non-company business, right? The same logic could be applied in your email case.

This type of law is still evolving, however, so I am not saying the above is necessarily true. I am just thinking out loud...

Perhaps somebody else has some insight.

[shadrach]

The charge on the warrant says Fraud Computer Abuse. And technically I opened the account for me since I was involved in all the computer stuff. They just assumed use of it after a year or so.

Anyone know what happens now that they are bankrupt and no longer exist?

[seniorjudge]

Originally Posted by shadrach

The charge on the warrant says Fraud Computer Abuse. And technically I opened the account for me since I was involved in all the computer stuff. They just assumed use of it after a year or so.

Anyone know what happens now that they are bankrupt and no longer exist?

So I will admit that every now and then I would log into the account I had made and checked it to be nosey.

This sounds like what got you in trouble. The bankruptcy of the company has nothing to do with the criminal prosecution.

[jdmba]

Originally Posted by shadrach

And technically I opened the account for me since I was involved in all the computer stuff.

Actually, I think there is a strong argument for the opposite conclusion: Technically, it was opened for the company since you were employed by the company, and you opened it for and used it for company business.

Of course, many other factors come into play. For example, did you give your former employer the password?

Based on this statement, "I never read anything that was not already read. I did delete one maybe two things just to mess with them, nothing important though," it sounds like you did give your former employer the password and that the account continued to be used for company business. That fact sends the message that both you and your former employer considered the account to be owned by the company.

[shadrach]

I was just wondering about the whole IP address thing. When the officer called that's all he was say, was they had my IP address when I logged in. Just was wondering if there was a technicality since he was so obsessed with the IP address, about it being signed up for on my computer at my home. No biggie if there isn't.

I was also trying to get in touch with the person that I know called the police to see if the charges were something that they still wanted to pursue. I am pretty sure they would ignore it now. Since the state is representing them in the case, think if I get the person to say it's not an issue now, that there is a way to get the whole thing thrown out?

[seniorjudge]

Originally Posted by shadrach

...I was also trying to get in touch with the person that I know called the police to see if the charges were something that they still wanted to pursue. I am pretty sure they would ignore it now. Since the state is representing them in the case, think if I get the person to say it's not an issue now, that there is a way to get the whole thing thrown out?....

It depends on how hot they are to prosecute you.

Logging on to someone else's account and deleting stuff is not real popular these days!

[jdmba]

Originally Posted by shadrach

I was just wondering about the whole IP address thing. When the officer called that's all he was say, was they had my IP address when I logged in. Just was wondering if there was a technicality since he was so obsessed with the IP address, about it being signed up for on my computer at my home. No biggie if there isn't.

Not sure what you're asking here.

Originally Posted by shadrach

I was also trying to get in touch with the person that I know called the police to see if the charges were something that they still wanted to pursue. I am pretty sure they would ignore it now. Since the state is representing them in the case, think if I get the person to say it's not an issue now, that there is a way to get the whole thing thrown out?

The state is not representing the person who called the police. If a crime is on the books, then the criminal behavior is considered to be perpetrated against the people of the state, not just the direct victim.

Therefore, many laws do not require a victim to press charges. Don't know about that law in particular, though.

[Bretagne]

First, it is only the State of Arizona who has the authority to determine whether or not to press criminal charges against you. Or the US government if you will be charged federally; it looks like you won't be.

Check out Arizona's law at [url]http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/13/02316.htm&Title=13&DocType=ARS[/url]

I'm looking at statute 13-2316-- Computer tampering; venue; forfeiture; classification

Based on your statements, looks like there is probable cause to charge you with a felony. You should immediately stop talking to EVERYONE about this--don't post anymore here and don't talk to the police without your attorney. Get a lawyer. Don't talk to any friends about this or to the complainant from your old company.

[shadrach]

Just another question about this. Looking at the warrant info online, it gives a case number. When I look that number up on the court site, my name does not show up anywhere. Shouldn't it be on there somewhere? Even looking up my name under any court documents, nothing is there.

[fairisfair]

Originally Posted by shadrach

Just another question about this. Looking at the warrant info online, it gives a case number. When I look that number up on the court site, my name does not show up anywhere. Shouldn't it be on there somewhere? Even looking up my name under any court documents, nothing is there.

turn on your private messaging. I will only be here for another 20 min. otherwise, turn on and check back tomorrow. I

[shadrach]

Originally Posted by fairisfair

turn on your private messaging. I will only be here for another 20 min. otherwise, turn on and check back tomorrow. I

The PM for the site are on, also added AIM to the profile. I will turn in on all day tomorrow. Thanks!