If a police officer tells me not to contact someone do I have to comply? ~ "Best Answer" on AVVO ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1
Q: If a police officer tells me not to contact someone do I have to comply? I was named as a suspect in a vandalism case by someone I had considered a friend at the time. I received a call from a detective informing me of what happened, that I was a suspect, and to never contact said person again. Nothing more. I do so anyway in an attempt to clear things up, get no response (text message), and receive another call from the detective who then threatened to charge me with telecommunication harassment if I did not cease contact. The victim has not directly told me not to contact them. I've not said anything threatening, violent, sexual, etc., to the victim, I've only asked what was going on and attempted to clear things up. During one of our phone conversations the detective said to me "it was probably you" in regards to the vandalism. I haven't been questioned at all and was never even told the date/time it happened so I could potentially provide an alibi.
A: Selected as "Best Answer" by Asker on www.AVVO.com!
Answered . I am not an OH lawyer so I cannot comment on matters of OH law or procedure. However, had you asked this question in Florida, where I have been a practicing criminal defense attorney for nearly a quarter of a century, then I would say that you would be foolish to continue to "poke the bear".
What do you care about clearing things up? Leave it alone. This person has identified you as a criminal and the cops have at least enough doubt to NOT have arrested you. They told you to stay away and you apparently cannot help yourself so you are effectively asking, daring the cops even, to be arrested... this is called "poking the bear".
My advise (not being an OH lawyer not withstanding): Listen to the cops. Leave the alleged victim alone. If you are compelled to act then HIRE A LAWYER (caps intentional) and have a licensed and independent lawful third party communicate whatever message you feel must be communicated in a manner which cannot hurt you. If you continue to act on your own then you are, foolishly, asking for trouble.
All of that said, again I am not an OH lawyer and you are best advised to find a Dayton, OH area criminal defense lawyer, engage in a meaningful consultation and get yourself some advise which is legally sound and has been custom tailored to meet your needs in your case.
I hope that I have been helpful in answering your question.
First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)
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THIS BLOG POST (AS ARE ALL OF HABERPA BLOG POSTS) IS A PUBLIC SERVICE ANNOUNCEMENT WHICH IS PRIMARILY DESIGNED, BY WAY OF REAL WORLD EXAMPLE, TO ASSIST THE GENERAL PUBLIC IN AVOIDING CONDUCT WHICH COULD FORESEEABLY RESULT IN ARREST AND PROSECUTION!
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