Legal Question in Criminal Law in New York
threatening words
if you are under adjournment in contemplation to dismissal and before the 6 months period you threaten the person you had the adjourment with, that you are going to report her new lover to the authorities at her school that she has forced her to be a lesbian. is that considered a crime?
1 Answer from Attorneys
Re: threatening words
Uh - Hello?!!!
This person who has or intends to harass the other person is in dire need of some sort of hobby or other distraction. They are looking for trouble.
I don't know what the terms of the ACD were, and I don't know the nature of the underlying crime, but it sounds like this was a dispute between 2 or more people. Therefore, it is likely that the ACD included some instruction from the judge that the tattletale stay away from or be nice to the other person. This could have been an attached order of protection or judge and oral order from the judge.
When you ignore what a judge has ordered you to do you can be charge with the crime of Contempt of Court. Tattling is not being nice. Therefore it would be in violation of a court order demanding that you be nice. It all depends on what promises were made to the court.
There are other potential issues, such as whether these threats were made repeatedly, by phone, in person, to get someone to do something that he didn�t want to do or strop them from doing something he had a right to do�. This leads into a whole �nutha kettle of fish that could allow the act to stand alone as a crime without a judge order.
I am not even sure I understand what the threat is, but it doesn�t sound all that interesting, believable or worth the potential jail time and or hassle with the police.
There are several good movies out this summer. Has this person tried one of the MTA MetroNorth or LIRR Getaways? The wine tasting tours can be a lot of fun. There are so many better things to do with these last few days of summer.
By The Way -
In general... threatening words are not enough to get the interst of the police or courts.
Good Luck.
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