Legal Question in Criminal Law in New York

Harassment

My friends mother just passed away not too long ago due to a drunk driver and some one from another town who doesn't like her boyfriend has been calling her telling her that he is goin to ''bury her spick boy friend next to her dead mother'' along with alot of other heartless things to say and hasn't stopped calling, and on Mothers day called again sayin '' Happy Mothers Day .. oh but wait you can't celebrate it because your mothers dead'' than curses at her and hangs up. Is there any way we could maybe press charges on him because her mothers death happened in November 2002 and is still so fresh in her mind and is making the situation worse.


Asked on 5/15/03, 3:42 pm

4 Answers from Attorneys
Robert Evans Robert S. Evans esq.

Re: Harassment

You should get some protection or satisfaction by reporting this crime either to your local police precinct or to your local district attorney.

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Answered on 5/16/03, 2:06 pm
Brendan Chao Brendan Chao - Attorney & Counselor at Law

Re: Harassment

Call the police. This is an Aggravated Harassment charge.

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Answered on 5/15/03, 3:46 pm

Re: Harassment

The person making the unwanted calls is committing the crime of Aggravated Harassment, a Class 'A' misdemeanor. You should contact the police department. If the police won't help, you can try the District Attorney's Office.

By the way, has the family considered a wrongulf death suit against the drunk driver?

Please feel free to call if I can answer any questions. 212-622-7180.

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Answered on 5/15/03, 3:47 pm
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Harassment

My condolences and sympathies for the loss of your loved one, the mother of your close friend. This persons behavior is despicable and there is a section of the Penal Code (Criminal Law) which makes this behavior a crime. Look to section 240.30 in NY.

You must take specific actions to make sure the police make an arrest. The police may not consider this a "cool" crime, but you can influence them. (1) make a log of all such calls. The time, date, who took the call, why you think it was this person. (2) any recordings of the call would be priceless. (3) Have a death certificate of the deceased as well as a description/photo (hispanic) of the boyfriend for the police. (4) Have the boyfriend file/make the complaining report to the police with you. You are welcome to a consultation at no charge at my offices at 42 west 44th st, ny,ny. Please call first for an appointment 646-591-5786.

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Answered on 5/15/03, 5:18 pm


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