Legal Question in Criminal Law in New York

letter sent as joke... is this criminal - felony?

friend of mine received a letter in the mail from

Planned Parenthood -apparently her ex was playing a joke

on her. It stated someone she had sex with came there for

treatment for a sexual disease and that she should get

checked out. Can she press charges for him sending this

letter to her and stating it was from planned parenthood

(he downloaded their letterhead from their website so does

that make it public info where he can not be charged with

a crime)? He of course wont admit it, but his e-mail

address was found on a website describing what he had done

but he didnt' sign the post on the website or mention my

friend's name in it, just that he wrote a letter from a

clinic and he mailed it to his ex-wife from a few towns

away to make it look ligit. I am just wondering what kind

of charges, if any, he can be arrested for.

She was told that this is a felony and he can be arrested,

but I am doubting that.... what do you think?

ALso, can things like this be used in current cases if

they have nothing to do with the actual charges? for

instance, to destroy credibility?


Asked on 3/11/05, 10:03 am

1 Answer from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: letter sent as joke... is this criminal - felony?

10 Your friend does not need the District Attorney to press charges. She can file a civil lawsuit on her own.

2) In NYS, this would constitute the crime of 'harassment' which can be a felony. If this is the 1st such action, the DA will not proceed. But a report will lay the groundwork for a later criminal action if the harassment continues.

GO TO YOUR LOCAL POLICE PRECINCT AND MAKE OUT A REPORT.

3) yes. This would do a great deal to show a witness is not a serious person and has no respect for legal processes, institutions, and other people.

If I were on a jury, I would not believe much that such a person said, even under oath!

Your analysis is excellant.

Read more
Answered on 3/11/05, 1:28 pm


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