Can I Still Be Charged if I Said to Stop Contacting Me

[Visible Man]

My question involves criminal law for the state of: NY

This guy keeps harassing me. I told him about 6 months ago not to contact me again. He stopped contacting me, but wrote about me here and there which I ignored. He would email me every few months for years and years.

After I tell him to stop contacting me, he starts contacting my family, only on a handful of occasions, but still contacted them about me and saying some pretty nasty things. I sent him a tweet and told him to leave them alone. We got into a bit or an argument where he would send back 3-5 messages to my one, making him pretty angry. Then I went back and looked at his past posts and there were things on there about killing me, me molesting my nieces and daughter and he even went as far as "following" my parents and tweeting at my girlfriend's work. She is scared at this point because this fella is literally crazy.

The next day I worry at work and make myself sick. I leave early, call the police and ask them to come take a report. The police pretty much told me he couldn't, that a DA would "laugh and throw this out". The guy I wanted to press charges on doesn't live in my city, he lives somewhere else. They say they can't do anything and advise me to block him, which I do. He remains quiet for a month or so and then sends me an email with a link to a video. He also copies the girl who has a restraining order on him. I do not respond to this email. I had the day off and around 2:30, he sends one back, claiming that I am this and that. I respond and say to let it go, "I hope she puts him in jail where he belongs". This obviously gets him mad and he sends one back saying that he was going to the police. I respond to him and tell him that he is contacting me and I hope he realizes that.

About a week later I get a notice in the mail that I am to appear in court it says that on the date I contacted him that I sent him emails with the intent to annoy. . Being that I am a stand up citizen with an important job helping my community, I go lawyerless, figuring that I would be able to show them the emails and all of the other horrific things he said and explain that he was harassing me and I merely told him to leave me alone.
Since I found out that he was doing this, I googled my name. He has threatened to kill me on different web sites and even went as far as making a youtube video with my name in the title that has a weapon he thrusts at the wall in front of him. I tired to show the DA, the PD and the judge, but they would not look at the evidence.


I just want to know what my options are. Is there anyone I can contact aside from a lawyer? Can I get out of this without going back to court (Which was postponed until I was able to bring representation?)

I feel I am innocent and do not want to take the fall as I tried to go to the police well before he did and they wouldn't look at the case.

Thanks in advance

EDIT

A person is guilty of harassment in the second degree when, with intent to harass, annoy or alarm another person:


3. He or she engages in a course of conduct or repeatedly commits acts which alarm or seriously annoy such other person and which serve no legitimate purpose.


This is a violation, however, I had a purpose in repsonding to his emails, which was to get him to leave me alone. I am just perturbed because when I went to the cops and tried to show them this evidence, they did nothing. Same thing with the court system where my charges are.

[aardvarc]

After I tell him to stop contacting me, he starts contacting my family, only on a handful of occasions, but still contacted them about me and saying some pretty nasty things.

If your family doesn't want contact from him, they'll have to deal with him directly. You can't tell him not to contact them - only THEY can do that if there's any potential criminal harassment issue.

I sent him a tweet and told him to leave them alone. We got into a bit or an argument where he would send back 3-5 messages to my one, making him pretty angry. Then I went back and looked at his past posts and there were things on there about killing me, me molesting my nieces and daughter

How old were these messages...and if they were so threatening, why didn't you IMMEDIATELY report them? THAT could be a key factor in why law enforcement isn't acting. Police and the courts simply have nowhere near the ability to file harassment charges on every unhappy email contact, and if you didn't find the threats credible enough at the time to report them immediately, police aren't likely to be overly concerned about it weeks after the fact (or more) and even if they were to take a report, a prosecutor isn't likely to pick up such a case.

and he even went as far as "following" my parents and tweeting at my girlfriend's work. She is scared at this point because this fella is literally crazy.

Then SHE will need to contact authorities on her own behalf. Won't impact police as far as YOU are concerned.

The next day I worry at work and make myself sick. I leave early, call the police and ask them to come take a report. The police pretty much told me he couldn't, that a DA would "laugh and throw this out". The guy I wanted to press charges on doesn't live in my city, he lives somewhere else.

That's pretty typical. He's not in a position to present a credible threat. Again, comes down to putting police and court resources where they're most needed - they simply can't, don't, and won't prosecute every violation, even if a valid one. At this point, there's nothing to suggest any actual danger. However, lack of police action won't stop you from seeking a civil restraining order, if you've got the time and inclination to go that route.

They say they can't do anything and advise me to block him, which I do. He remains quiet for a month or so and then sends me an email with a link to a video.

If you blocked him, how is he still sending you emails?

He also copies the girl who has a restraining order on him.

SHE is free to take up that potential violation with the court that issued the order. Nothing YOU can do regarding that.

I do not respond to this email. I had the day off and around 2:30, he sends one back, claiming that I am this and that. I respond and say to let it go, "I hope she puts him in jail where he belongs". This obviously gets him mad and he sends one back saying that he was going to the police. I respond to him and tell him that he is contacting me and I hope he realizes that.

Again, how is he continuing to email you if you blocked him...and why are you RESPONDING to him? Know what that does? That's going to tell the court that you WANT to engage him, making potential for a restraining order strained, at best. STOP TALKING TO HIM.

About a week later I get a notice in the mail that I am to appear in court it says that on the date I contacted him that I sent him emails with the intent to annoy. . Being that I am a stand up citizen with an important job helping my community,

Ok - so basically you both have the same complaint against each other, but he took actual steps through the courts first. I suspect the court will either issue and order against BOTH or you, or more likely, throw you both out with no order issued on the grounds that you both purposefully engaged each other.

I go lawyerless, figuring that I would be able to show them the emails and all of the other horrific things he said and explain that he was harassing me and I merely told him to leave me alone.

But then engaged him. That puts a different spin on things.

Since I found out that he was doing this, I googled my name. He has threatened to kill me on different web sites and even went as far as making a youtube video with my name in the title that has a weapon he thrusts at the wall in front of him. I tired to show the DA, the PD and the judge, but they would not look at the evidence.

That's because he didn't communicate any of those things TO you - you went looking for them. Again, that's a sign of you being engaged. That's NOT an attempt to erase him from your life.

I just want to know what my options are. Is there anyone I can contact aside from a lawyer? Can I get out of this without going back to court (Which was postponed until I was able to bring representation?)

Without an attorney, neither side is likely to see any order from the court, unless it applies to BOTH of you. Talk to a local attorney, and STOP ALL COMMUNICATION WITH HIM, even if HE starts it. If you're not actually able to block his emails, then get a NEW email address. If he's harassing friends or family, encourage them to seek orders of their own against him - the more people telling the same story, the more credibility it'll have.



Thanks in advance

EDIT

A person is guilty of harassment in the second degree when, with intent to harass, annoy or alarm another person:


3. He or she engages in a course of conduct or repeatedly commits acts which alarm or seriously annoy such other person and which serve no legitimate purpose.


This is a violation, however, I had a purpose in repsonding to his emails, which was to get him to leave me alone. I am just perturbed because when I went to the cops and tried to show them this evidence, they did nothing. Same thing with the court system where my charges are.[/QUOTE]

[Visible Man]

I reported them less than 24 hours later, which I know isn't immediately, but the cop did not take the report, like I said. He told me to block him, which I did, but he just makes up new email addresses and twitter accounts.






My problem with this is I never threatened him. I never said I was going to beat him up. I told him to leave me alone. How is that harassment. I have emails upon emails and contacts where he keeps coming after me. I know I shouldn't have responded to him, howver, this seems like a flaw in the system. I am merely trying to protect myself and my family He will just make new emails










"Ok - so basically you both have the same complaint against each other, but he took actual steps through the courts first. I suspect the court will either issue and order against BOTH or you, or more likely, throw you both out with no order issued on the grounds that you both purposefully engaged each other."

I never contact him initially, like I said, last time he contacted me, the cops said they could do nothing. I tried to get the police to listen, but they wouldn't. Unfortuantely, he had a cop who would listen to him. Even with him threatening violence, saying I molested kids, etc. He emailed me twice on the day "on or about" where I harassed him. I was responding to HIS emails. I did not initiate the contact. How is this possible for him to email me and then go to the cops. It make no sense that I can be charged witha crime. I never said anythign to him that can be construed as harassment. I todl him to leave me alone and let it go


"But then engaged him. That puts a different spin on things."

So he can harass me and I can do nothing, but if I respond, I am the harasser. Do you see the logic I am getting at here?


That's because he didn't communicate any of those things TO you - you went looking for them. Again, that's a sign of you being engaged. That's NOT an attempt to erase him from your life.

I cannot erase him from my life if when you google my name, all that comes up are his harassing statements.


"Without an attorney, neither side is likely to see any order from the court, unless it applies to BOTH of you. Talk to a local attorney, and STOP ALL COMMUNICATION WITH HIM, even if HE starts it. If you're not actually able to block his emails, then get a NEW email address. If he's harassing friends or family, encourage them to seek orders of their own against him - the more people telling the same story, the more credibility it'll have."

My family has done this now. I spoke with an attorney, but since this is in another city, he cannot accompany me. He told me to ask for an ACD. The DA would not speak with me. Story without details: He emailed me. I responded. I said nothing harassatory. He said he was going to the police. Just having a hard time understanding how this is legal?

[Mr. Knowitall]

Have your criminal defense lawyer collect the online materials and archive the video (just in case it disappears) to use in your defense when dealing with the prosecutor or, if necessary, at trial.

[Visible Man]

Have your criminal defense lawyer collect the online materials and archive the video (just in case it disappears) to use in your defense when dealing with the prosecutor or, if necessary, at trial.

I have. I grabbed the video off youtube with keepvid. this just brings another thing up. I have some videos up that I have made and he harasses me through them. I make some money off them so I can't just delete the youtube but have filed several complaints against him through their complaint process they have. He just makes up new names and keeps doing it. I still am having a hardtime understanding HOW i can even be prosecuted. Makes me think that the system isn't there for people to get help. It is only for people to abuse.

[aardvarc]

We're not privy to the report he filed, what he told police, or any of the details on the case he started, so we really can't opine on why his complaint may have carried more validity than the complaint you made against him. But if there's a criminal charge against you, and not just him seeking a restraining order, there's SOMETHING that got the attention of police. As Mr. K noted, your attorney will be able to obtain all of that pertinent information as part of evaluating a defense. Sometimes it comes down to just a few "wrong" words, sometimes it's that police simply don't have the resources to pursue cases - and often it's a combination of both. Only an attorney looking at what police are working from can give you a more concrete answer.