Legal Question in Criminal Law in New York

criminal harassment

I have been charged with criminal harassment and the person who has filed the charges has stalked me. I thought of the whole thing as relationship problem but he thinks it is criminal because I walk by his house and drive by his house as he entices me and leads me to believe it is not a problem by smiling and waving at me.My attorney says not to file counter-charges against him. BU why shoudl I not?

Oh by the way he is a paid firefighter in the city I live in and is friends with the police.


Asked on 9/03/07, 8:45 am

2 Answers from Attorneys
Jeffrey Bloom Law Offices of Jeffrey Bloom

Re: criminal harassment

These cases must be handled very delicately. This case has probably been designated by the court as a domestic matter - even though there has been no violence alleged. Prosecutors and judges approach domestic matters as very sentsitive and potentially explosive. I do not know why your attorney is recommending that you not file a cross-complaint....every case is different. If you strongly disagree with the attorney, you can always seek a second opinion.

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Answered on 9/03/07, 10:07 am
Joel Salinger Law Office of Joel R. Salinger

Re: criminal harassment

There are many reasons for an attorney to recommend against filing charges. In many cases, the district attorney's office will not proceed with counter-charges believing that they are only brought to take the heat off of the first person or brought in retaliation rather than a real alligation.

In your case your attorney may feel it is more important to defend your case than trying to make a case against the other person or using the information against the other person in defending your case.

If you disagree with your attorney's advise, you can allways geta consultation with another attorney but consider this carefully.

If you wish to discuss this matter further, you can contact me by e-mail at [email protected] or at 516.746.4747.

Joel R. Salinger, Esq.

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Answered on 9/03/07, 1:07 pm


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