Lakeville, MN asked in Criminal Law and Domestic Violence for Minnesota

Q: Is it possible to put charges/ofp on someone who is already in jail by what they've text you from their jail texter?

If the person is in jail on 3 felonies in relation to domestic assault, stalking, & terroristic threats with multiple prior convictions in relation to the same felonies they're in jail with now in 2 other states...

Can someone press some kind of charges/ofp on them just from what the inmate has text the other person from their jail texter & the 2 parties have never had any other kind of contact besides jail texter, speaking on the phone & mail

3 Lawyer Answers
Jonathan Matthew Holson
Jonathan Matthew Holson
Answered
  • Criminal Law Lawyer
  • Rogers, MN
  • Licensed in Minnesota

A: An individual doesn't "put charges" on anyone. You can certainly report the matter to law enforcement. Whether this individual will be charged depends on whether there are any orders that prohibit contact such as a DANCO or an OFP. He could be charged if there are such orders prohibiting contact. Otherwise what this individual is doing might be perfectly legal.

William Bailey agrees with this answer

William Bailey
William Bailey
Answered
  • Criminal Law Lawyer
  • Bloomington, MN
  • Licensed in Minnesota

A: You can make a report to law enforcement if there have been threats made, there is harassment or stalking, or if there is an order prohibiting contact in place. Then the police would forward the information to the prosecutor's office to decide whether to charge them.

If you have been the victim of domestic abuse or threatened domestic abuse, or harassment, you may be successful in obtaining an order prohibiting contact.

Thomas C Gallagher
Thomas C Gallagher
Answered
  • Criminal Law Lawyer
  • Minneapolis, MN
  • Licensed in Minnesota

A: It's possible but would depend upon the content, the strength of the evidence, and the willingness of the petitioning party. An Order for Protection (OFP) under Minnesota's Domestic Abuse Act can be sought by anyone in a Minnesota family court division. But, the Petition must include facts that qualify for a remedy under that law. Not every text communication would qualify. And any person can complain to a Minnesota police department about a criminal act involving a text message. If they do, police may investigate and refer their findings to the prosecuting attorney for a charging decision. But for a text communication to be criminal, a prosecutor would likely require it to be threatening, or in violation of an existing no-contact order; and would likely want evidence of identity. Because criminal law issues are so fact specific, it's a good idea to review all the facts with an attorney by phone or in person.

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