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Wrongfully accused of harassment

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  • 12-06-2005, 04:52 PM
    samgho
    Wrongfully accused of harassment
    Hi,
    A colleague with whom I have a very competitive relationship, recently accused me of having planted defamatory letters about her on her husbands car. The letter was unsigned (it was signed as "well-wisher from Company A" - company A being our mutual work-place). Similar letters were sent to a bunch of people in our organization (including me). These letters were defamatory in nature and alluded towards this colleage having an extra-marital affair with another colleague (not explicitely mentioned). She has filed a police complaint, without charging me explicitely and the police want a statement from me. From the reading I have done on the internet - this sounds like Libel/Slander, but the police mentioned harassment. Is this harassement or libel or both. Is this a criminal charge or a civil charge? Should I get legal counsel immediately or wait for the police investigation to be completed?

    Please advice.

    Samgho
  • 12-06-2005, 04:57 PM
    aaron
    Police Investigating Harassment
    If the police are involved, they are viewing this as a possible criminal matter.
  • 12-06-2005, 05:01 PM
    samgho
    Thanks for the quick response. I understand that they may be looking at this as a criminal charge - but legally are there grounds for this - should this not be libel and since I am in NJ - I read somewhere that NJ does not have criminal libel statutes? I am concerned because I am a legal alien and every-time I fill out a visa form it asks me if I have ever been charged (or maybe convicted - not sure) in the US with a criminal offence

    Should I take legal counsel before speaking to the police?
  • 12-06-2005, 05:27 PM
    Fxston
    Libel/slander/defamation are civil torts or wrongs. Harassment is a criminal act. In NJ, generally, it is an act or series of acts with which the intent is to (seriously) annoy or alarm another. Absent intent, it is legal. Some states hold that if there is any legitimacy to the communication at all that it is a legal communication.

    If the police haven't come to you, they probably just want a statement or to ask you some questions because you have been fingered as the possible perpetrator, or at least believed to be involved. You don't have to talk to the police and can stop talking any time you want to. I am not sure if you have a right to have a lawyer present if you are not a suspect. But if you are a suspect, I believe they have to inform you of your Miranda rights.
  • 12-06-2005, 05:56 PM
    aaron
    Criminal Suspect
    Quote:

    Quoting Fxston
    But if you are a suspect, I believe they have to inform you of your Miranda rights.

    The police only have to inform you of your Miranda rights within the context of a custodial interrogation. If you are not in police custody, they do not have to read you your rights. Sometimes, particularly if you are a suspect, they will read you your rights anyway.
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