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New member here, could use some advice on Harassment Charges. Thank you!

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NMsun

Junior Member
What is the name of your state (only U.S. law)? New Mexico

I recently received a court summons for misdemeanor harassment charges. I'll do my best to keep this short and concise. If any other info is needed, I'm happy to oblige.

My ex-girlfriend has filed harassment charges against me. We have not been in physical contact in nearly a full year. There have been some text messages and a facebook incident. Petty, but I'm now forced to take this seriously. Up until this point, I have had a clean record. I have never been convicted of a violent crime. Once went to court for lack of car insurance in my early 20's.

To summarize, our split was not pretty. She left me with a huge rent bill, took the cats, the car, the friends. That's not the real issue, I know, but breakups are ugly and it seems to me it's fueling this recent event.

Roughly two months ago I started noticing some very unusual activity in my gmail accounts. Unfamiliar IP addresses (not trustworthy of location, I'm aware), devices that don't belong to me, mail in my trash bin that I did not put there such as facebook notifications of new devices entering my account. I started to screenshot and log, with date and timestamp, these events on a daily basis. After reviewing the devices that were accessing my gmail accounts I caught several instances of two devices that I absolutely know are hers being synced and accessing my accounts.

Then, feeling infuriated that she continues to be in my life and is invading my private emails, I send her the text message that has landed me here. The doom text message. I said, "F-off, you have no reason to be in my private emails. Stop being a creep." With the text I sent her screenshots portraying the two devices she owns had very recently accessed my gmail account again. One was a kindle fire hd 8.9 (I know because I rooted it for her, tinkered, played with it, and have photographic evidence of the tablet) and her other smartphone, a Galaxy S5 on T-Mobile. No response from her.

Then the court summons. In the statement she gave the police I'm not surprised she omitted anything that would tarnish her innocent, angelic character. What did surprise me is she outright lied. She states I was repeatedly posting pictures of us on facebook to harass her, she denies ever owning the devices, etc... it goes on. Essentially I felt harassed and had my privacy invaded, and a text message has given me the harassment charges.

The State of NM has since picked up the case and I filed for a PD today. I simply cannot afford anything else.

1. If I can prove without a doubt she had falsified statements, and that the "multiple offences" of my doing are fabricated, does that negate the basis of harassment?

2. Is there anything I can do to counter-charge her? I was the party who was initially harassed multiple times, and can prove it with time-stamped evidence. Would a counter-charge simply make matters worse? I feel the need to defend myself but could certainly do without another harassment charge.

3. Is there anything I can do aside from letting my PD take the case? I feel a bit helpless.

4. Am I just screwed? Will I have to live under the domestic violence umbrella for my entire life over a text message stating I was harassed initially? Credit? Home owning? Jobs? People here crash their cars into people houses. Aggravated DUI's everywhere, yet it gets cleared in 7 years from the incident.

5. Is this the most petty "he said, she said" case ever? To me, yes. To the state of NM, obviously not. It's even out of her hands at this point if she wants to drop charges. Sigh.

I'm completely lost here. I've never had to do this and it's frightening to lose my clean record, to be a domestic violence offender, and live in that shadow my entire life is.. depressing to say the least.

Please, even some kind words would make the difference. This is new to me and It's deeply concerning me. Thank you <3
 


quincy

Senior Member
What is the name of your state (only U.S. law)? New Mexico

I recently received a court summons for misdemeanor harassment charges ...

My ex-girlfriend has filed harassment charges against me ...

Roughly two months ago I started noticing some very unusual activity in my gmail accounts. Unfamiliar IP addresses (not trustworthy of location, I'm aware), devices that don't belong to me, mail in my trash bin that I did not put there such as facebook notifications of new devices entering my account. I started to screenshot and log, with date and timestamp, these events on a daily basis. After reviewing the devices that were accessing my gmail accounts I caught several instances of two devices that I absolutely know are hers being synced and accessing my accounts.
Here are computer crime laws in New Mexico that most closely fit with the activity on your computer. You would need to be able to trace any unauthorized computer access to your ex-girlfriend - although suspicions of unauthorized activity on your computer can be reported to the police.

You can discuss the following with your attorney:

New Mexico Stat §30-45-5, Unauthorized Computer Use: http://law.justia.com/codes/new-mexico/2011/chapter30/article45/section30-45-5/
New Mexico Stat §30-45-4, Computer Abuse: http://law.justia.com/codes/new-mexico/2011/chapter30/article45/section30-45-4/

Then, feeling infuriated that she continues to be in my life and is invading my private emails, I send her the text message that has landed me here. The doom text message. I said, "F-off, you have no reason to be in my private emails. Stop being a creep." With the text I sent her screenshots portraying the two devices she owns had very recently accessed my gmail account again. One was a kindle fire hd 8.9 (I know because I rooted it for her, tinkered, played with it, and have photographic evidence of the tablet) and her other smartphone, a Galaxy S5 on T-Mobile. No response from her.

Then the court summons. In the statement she gave the police I'm not surprised she omitted anything that would tarnish her innocent, angelic character. What did surprise me is she outright lied. She states I was repeatedly posting pictures of us on facebook to harass her, she denies ever owning the devices, etc... it goes on. Essentially I felt harassed and had my privacy invaded, and a text message has given me the harassment charges.
The text message you sent your ex-girlfriend does not seem to be of the type necessary to support an harassment charge. Either you did more than send the single text with screenshots, or she has told tall tales to the police.

The State of NM has since picked up the case and I filed for a PD today. I simply cannot afford anything else.

1. If I can prove without a doubt she had falsified statements, and that the "multiple offences" of my doing are fabricated, does that negate the basis of harassment?

2. Is there anything I can do to counter-charge her? I was the party who was initially harassed multiple times, and can prove it with time-stamped evidence. Would a counter-charge simply make matters worse? I feel the need to defend myself but could certainly do without another harassment charge.

3. Is there anything I can do aside from letting my PD take the case? I feel a bit helpless.

4. Am I just screwed? Will I have to live under the domestic violence umbrella for my entire life over a text message stating I was harassed initially? Credit? Home owning? Jobs? People here crash their cars into people houses. Aggravated DUI's everywhere, yet it gets cleared in 7 years from the incident.

5. Is this the most petty "he said, she said" case ever? To me, yes. To the state of NM, obviously not. It's even out of her hands at this point if she wants to drop charges. Sigh.
Because you have an attorney working for you, you should address all of the questions you have asked above to your attorney. Your attorney has access to all of the facts. Let your attorney handle the charge against you.

That said, it will have to be shown that the claims against you are valid. You/your attorney could show the claims are baseless. Any evidence you have to support your truth against the ex-girlfriend's lies can be of help to you in court. Make sure your attorney has these to work with.

Although your public defender will probably advise this, I will advise this now. You should appear in court dressed nicely (no tee-shirts, no jeans, no shorts, no pants that hang so your boxers show ...) and you should not smell objectionable (skip the heavy cologne, do not smell like smoke). Your attitude matters as the judge will be judging you on how you act and how you react. First impressions count in court. Treat everyone with respect. Be polite. Do not smirk, shake your head, roll your eyes, or make gestures when what is being said about you is garbage. Do not interrupt. Be polite and wait for the opportunity to speak or for your attorney to speak. It is important that you do not disparage your ex-girlfriend. Facts should be stated simply and without unnecessary embellishment.

I'm completely lost here. I've never had to do this and it's frightening to lose my clean record, to be a domestic violence offender, and live in that shadow my entire life is.. depressing to say the least.

Please, even some kind words would make the difference. This is new to me and It's deeply concerning me. Thank you <3
What you are experiencing is not uncommon when a couple has a "nasty" breakup. Advice for the future: Prior to breaking up with anyone, make sure you have changed all of your passwords, pin numbers and account numbers so that these cannot be used against you by an ex. And try to refrain from communicating in any way with an ex after the person has become an ex.

Good luck.
 
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