Legal Question in Criminal Law in California

There is a video tape of me and a couple of friends smoking dope from a couple of years ago that is in the posession of a former employer of mine.He has already shown the contents of the video to my current employer (prior to notifying me about it) and he is threatening to turn it into the authorities if my fiance continues with his UI appeal. My questions are (1) Can the video even be used to file criminal charges against us (since the activities took place 2 years ago)? and (2) Do I / We have reason enough to file charges against him for defamation or blackmail? I'd like to file charges against him, but I'm unsure of what and how.


Asked on 8/03/09, 9:14 pm

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

He is possibly committing blackmail and extortion, and possibly giving you grounds for suit for various causes of action. Discuss this with a local attorney, to determine the risks, rewards and costs of pursuing action against him.

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Answered on 8/03/09, 9:37 pm
Brian McGinity McGinity Law Office

As you have described the situation, it seems as though you may have a cause of action against your former employer. He is attempting to extort and blackmail you and that can be charged as a crime. As to the video, if you and a couple of friends are smoking something on a video unless you are sitting on a mound of dope or there is something really outrageous on the video showing illegal acts and more than just smoking a little dope then I would not worry about it. I would discuss the situation with an attorney during a consultation and then follow the advise the attorney gives you. Good luck

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Answered on 8/03/09, 10:06 pm


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