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Posted By: NeedChange1 Wife is pressing charges - 12/22/11 08:06 PM
My wife had her car swept and found the gps device. I admitted to putting one in her car when asked during deposition. She has been encouraged to press charges. Has anyone faced charges from this?
Posted By: NeedChange1 Re: Wife is pressing charges - 12/22/11 08:21 PM
So be careful guys...know the laws where you live.
Posted By: SugarCane Re: Wife is pressing charges - 12/22/11 08:31 PM
You should have investigated the laws where you live before admitting to this in court. I have a feeling that you are either trying to blame this forum for the risk you took, or to tell us that recommending spying is wrong.

You started a thread in this forum about evidence admissible in court. You knew that you had to say on the right side of the law, so why did you get into this position?.
Posted By: MelodyLane Re: Wife is pressing charges - 12/22/11 08:35 PM
Originally Posted By: NeedChange1
So be careful guys...know the laws where you live.


Did you not read the header under the forum title?

Quote:
Operation Investigate A new forum devoted to discussion of investigative equipment. Please discuss your best ideas here. Links are allowed in this forum. Please be sure and check with your state's local laws before using any of these devices.


I am confused why you didn't follow this advice in light of your own posts 6 months ago? You were so concerned about the legality of putting a keylogger on her computer that it seems puzzling you wouldn't have the same concern about a GPS.

You even asked at that time if any of this collected evidence was admissable in court. So why didn't you check on this yourself?
Posted By: NeedChange1 Re: Wife is pressing charges - 12/22/11 08:39 PM
Why do you think that sugarcane? Did I say anything to suggest I'm blaming the forum?

Actually I am offering up my experience to help others plan and use techniques that won't get them in trouble.
Posted By: NeedChange1 Re: Wife is pressing charges - 12/22/11 08:41 PM
Melody...were all your techniques legal in your state? Did you check those before you used them? Do you really think that many of these techniques ARE legal?
Posted By: NeedChange1 Re: Wife is pressing charges - 12/22/11 08:50 PM
Anyway, I guess I'd like to know if others have been charged and if the charges were successfully upheld or if judges had leniency due to the circumstances. I know that when that guy in Illinois got busted breaking into wife's gmail, people here were shocked and assumed it would be thrown out of court.
Posted By: SugarCane Re: Wife is pressing charges - 12/22/11 09:35 PM
Originally Posted By: NeedChange1
Melody...were all your techniques legal in your state? Did you check those before you used them? Do you really think that many of these techniques ARE legal?

Did YOU check in your case? Are they legal in your state?
Posted By: NeedChange1 Re: Wife is pressing charges - 12/22/11 09:42 PM
may or may not be legal. the law is unclear. The law could be interpreted as the car is a marital asset and therefore installing a gps device is not illegal. Up to the judge in my state. Same with the key logger.
Posted By: SugarCane Re: Wife is pressing charges - 12/22/11 09:50 PM
Originally Posted By: NeedChange1
Anyway, I guess I'd like to know if others have been charged and if the charges were successfully upheld or if judges had leniency due to the circumstances. I know that when that guy in Illinois got busted breaking into wife's gmail, people here were shocked and assumed it would be thrown out of court.

This statement makes me question your motives.

People are aware of the legalities and they are aware of the Michigan case. People were not so much shocked as sceptical about a successful outcome for the prosecutor. To date, the Michigan case has still not been resolved.

We talk about the legalities all the time here, because particularly spiteful WS have been known to threaten legal action. We encourage the BS to challenge the WS to go to court and have to admit to their conduct under deposition.

It is unlikely that the spying techniques are illegal in many cases, because the equipment being spied on is joint marital property. It is also unlikely that the WS will discover good spying techniques. I wonder what you did or said to make your wife suspect a GPS on her car and question you under oath. It is common sense that the BS must take great care not to be discovered, because discovery ruins the collection of evidence.

Finally, it is unlikely that a WS will carry through the threat of legal action, even if the spying was illegal in their state. They have a lot to lose by being questioned under oath about their affair.

Many BSs here, including me, think that the risk of court action does not outweigh the need to know the abuse that is being perpetrated on the BS and children. Being taken to court is a risk worth taking. Perhaps you don't think that the threat of court action was not as important as knowing the truth about your marriage, but many of us do.
Posted By: SugarCane Re: Wife is pressing charges - 12/22/11 09:53 PM
Originally Posted By: NeedChange1
may or may not be legal. the law is unclear. The law could be interpreted as the car is a marital asset and therefore installing a gps device is not illegal. Up to the judge in my state. Same with the key logger.

So why are you warning us when you are not even clear that you have done anything wrong in your state?

If you do not want to spy then don't spy! Nobody made you do this. If you do it and get caught, don't come here trying to make others are fearful of their wives as you are!
Posted By: MelodyLane Re: Wife is pressing charges - 12/22/11 10:01 PM
Originally Posted By: NeedChange1
Melody...were all your techniques legal in your state? Did you check those before you used them? Do you really think that many of these techniques ARE legal?


Need, if I were as concerned back then as you seem to be, then I think I would take the time to check my own states laws. I have no idea what our laws were at that time.
Posted By: markos Re: Wife is pressing charges - 12/23/11 04:48 AM
Originally Posted By: NeedChange1
Why do you think that sugarcane? Did I say anything to suggest I'm blaming the forum?

Actually I am offering up my experience to help others plan and use techniques that won't get them in trouble.



Seems like your time would be better spent posting information about your situation so you can get help with your situation.
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