Legal Question in Criminal Law in New York

Being Arrested for Harassment/Writing two letters.

An employer owed a family member $10,000 after firing them, theatening prosecution in contention for the same amount owed. After I wrote two letters, in one I sent a copy to each partner of the company, rationally profiling each point of contention, as to why the charges in the letter were wrong, and threatened that I�d publicize their wrong doing on the internet if they didn�t retract the letter and pay what they owed. The second I forwarded twice, by post and then by registered mail to the chief partner profiling why all his potential charges were wrong and threatening that I go to the newspapers, publicize the wrong doings on the Internet and even complete a database of business, and organizations in his area sending a letter to every one profiling his wrong doings to my family member and others. For each point of the letter I stated �If I find it to be legal I will..�, go to the papers, post to the internet, create a database and mailing. At the end of the letter I said �To reiterate, I will engage in no illegal activities in regarding these matters. I am told that I will now be arrested for harassment for writing these letters by a small town police department. Do they have a case against me?


Asked on 6/26/01, 2:08 pm

2 Answers from Attorneys

Peter Bark Bark & Karpf

Re: Being Arrested for Harassment/Writing two letters.

Your letters do constitute harassment and blackmail. Although you can be vindictive and go to the newspapers or internet, you cannot threaten to do it to try to receive money owed, even if it is a legitimate debt. You could have said that " If I am not paid what is owed to me I will pursue all legal means to collect."

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Answered on 7/02/01, 3:31 pm

Re: Being Arrested for Harassment/Writing two letters.

As there is a legitimate purpose to the letters,

there should not be a successful prosecution of

the case

But this will not stop a policeman from arresting

you and beginning the prosecution

So, hire a lawyer to write the last letter, and then

if you still receive no satisfaction, hire him

to sue

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Answered on 7/03/01, 9:39 pm


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