Re: neighbor called the cops on me
Date: April 15, 2015 10:46PM
This seems like a tricky case. On the one hand, FOIA typically does not require the requestor to identify themselves. There is no identity verification requirement for FOIA requests. But most FOIA requests do not cost anything. Sometimes there is a fee if the work to prepare the response is significant but many times it can be waived.
The second aspect of this case is that you filed your request under a real name or you used an Internet alias that matched your neighbor's name? The distinction would seem significant. Just because I request a gmail account for BobSmith, doesn't mean I am BobSmith anymore than I am SoccerScramble. A username is not an identity...it is simply a unique username on a system. Only you can determine what you intended here. Maybe you were feeling not so creative when you created the email account? Did someone ask if you were your username? If not, you didnt claim that as an identity.
Third, the biggest problem I see here is you say you used this name to avoid paying a fee. Look up the definition of fraud...you will see it always involves deception and monetary gain. If your intention was to avoid a fee but you didn't want to use deception and now you feel remorse, maybe you should pay the fee you owe? Or better, you always intended to eventually pay the fee? (doubt it) Perhaps you should send in a check and identify the FOIA request # and pay up?
Based on this, any sane person would recommend you talk to an attorney. If the FOIA amounted to avoiding over $200, it might be a felony in Virginia. Most attorneys offer free preliminary consultation. Speak in hypotheticals.
They will figure out who you are. It probably won't take long. Do not answer any questions til your attorney advises you.