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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… Scroll down to read more!

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.

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2 lawyers agreed with this answer

David Mullen
David Mullen
Criminal Defense Attorney – Beachwood, OH
Elizabeth Emelia Osorio
Elizabeth Emelia Osorio
Criminal Defense Attorney – Delaware, OH

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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.)

For more than 23 years Michael A. Haber, P.A. has been providing creative, effective and zealous advocacy and counsel in cases ranging from DUI to drug trafficking and from misdemeanors to first degree murder.  

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Michael A. Haber

At Michael A. Haber, P.A. "it's all about reasonable doubt"!Whether in State or Federal Courts, Michael A. Haber, P.A. strives to ensure that his client's rights are respected and that his clients receive top-tier legal representation and counsel.For more than a quarter of a century I have striven to make Michael A. Haber, P.A. a business that custom tailors its services to meet the needs of the client. This incorporates such things as (but is not limited to) doing my best to meet clients at their convenience (as opposed to mine), in locations and at times which are mutually convenient (sometimes at their homes, places of business, independent ground - having free wifi and excellent coffee any Dunkin Donuts always works for me - and occasionally even at odd hours), structuring fees to reasonably accommodate the parties, making myself personally available to the client as close to 24/7 as is possible and, perhaps most importantly, giving careful and comprehensive consideration to both micro and macro issues in a given case so as to be able to agree upon and effort toward a viable litigation objective. This is why I refer to Michael A. Haber, P.A. proudly providing "boutique criminal defense litigation" (being "a small company that offers highly specialized services"), and this is a large part of Michael A. Haber, P.A.'s mission statementAccordingly, Michael A. Haber, P.A. has provided personalized and boutique legal services to both individuals and entities, primarily in the South Florida area, since 1991. With no history of professional discipline whatsoever, Michael A. Haber, Esq. zealously advocates his client's interests and custom tailors his services to meet each client's particular situation, needs and desires.Toward that end Michael A. Haber, Esq. makes himself directly available to his clients whether in person, over the phone (305-381-8686 or Toll Free 1-888-SHARK-8-1), by cell, verbally or text (305-798-2220), by e-mail ([email protected]) on Facebook ( ), on Twittter, (@Sharkjy910) on AOL/IM (Sharky910), and also why I consistently add information to the public on both the Michael A. Haber, P.A. Criminal Michael A Haber PA Criminal DUI Defense Litigation Miami Blog ( and with my "Webisode" series on YouTube (, whcih currently features 222 briegf VideoFAQ's on a variety of Criminal Defense, DUI and BUI related topics.When you hire Michael A. Haber, P.A. you get Michael A. Haber, Esq.!And remember, at HaberPA, it's all about reasonable doubt!
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