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Criminal Law/240.30 of the Ny state penal code
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Question
Backround:My brother runs a Meetup.com Not for profit group.He and relatives assist him answering emails. Events are hosted for socializing. The TOS of group requires Phone Call verification of attendance and rules of conduct. Many members in NYC area have more than one Alias on Meetup.com. A "Web Identity" verified as a female Joined Group. She proceeded to RSVP Yes without Contact#
was banned. It was explained in detail to her the groups T.O.S after a series of emails. She was allowed to rejoin Group. She proceeded to RSVP yes to Ten Events with a number. Then resigned.We lost most of her emails. Still have a few.
She proceeded to send a series of emails challenging the authority
of the Organizers and assistant Organizers of Group to have these
rules. We suspect she rejoined with several Alias and continued To RSVP without phone.Finally one Family member stated: You are trespassing on the website we pay for and we will sue you find out who you are. She continued to email with craftily worded provocative emails. Another Family member stated are you crazy or stupid or both get lost. She stated was in Divorce procedings. Another Family member stated. We sue you your divorce Lawyer is not capable of defending you. You will be Bankrupted. She used 2-3
email accounts. They were marked as Spam. Recently 3 months later
verified a Detective in another county is seeking to arrest my brother for Agravated harrasment by email if he does not voluntarily surreder.(Obviously he will be arrested) The detective can not get an arrest warrant.
The problem is in NYC Misdemeanor cases are not Investigated. Basicaly guilty till proven innocent. 3,500.00 cheapest we found to handle case if my brother is arrested. We found a Lawyer willing to work with us. We are doing the research. Addresses of ISP to serve Subpoenas. Changing email on website. Of course my brother is not afraid. The fear we have is she will automatically
recieve an order of protection against our brother and use it as a hammer to damage his life. We found this Link. The Legal Aid and other Bronx Lawyers are not qualified and obviously will do nothing for our brother.Our brothers low income entitles him to Legal Aid. Our strategy will be to bring in a seasoned attorney
at the last minute. Figure we need to get the cases that might get this thrown out on one perhaps two appearances. Link to first
ammendment issues and recent NYS state case involving this statute. Until our Brother is arrested we do not even know what the evidence is. We have banned several Identitys which were sending incoherent emails etc. We narrowed it down to this Identity by what my brother elicited from the detective.Our brother did not assist the detective with any information and refused to subject himself to being arrested on what appears to be
a carefully crafted false comlaint. Any help appreciated. The cell
phone we use for the events is what the detective called.
Link: http://news.cnet.com/8301-13578_3-9914734-38.html
For all we know this woman has fabricated emails. Our brother does not want the rest of us who help him dragged into this.
Bob,
)
I understand your situation and unfortunately the penal code allows for anyone to easily fill the criteria of a victim:
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Section 240.30 Aggravated harassment in the second degree.
A person is guilty of aggravated harassment in the second degree when, with intent to harass, annoy, threaten or alarm another person, he or she:
1. Either (a) communicates with a person, anonymously or otherwise by telephone, or by telegraph, mail or any other form of written communication, in a manner likely to cause annoyance or alarm; or (b) causes a communication to be initiated by mechanical or electronic means or otherwise, with a person, anonymously or otherwise, by telephone, or by telegraph, mail or any other form of written communication, in a manner likely to cause annoyance or alarm; or
2. Makes a telephone call, whether or not a conversation ensues, with no purpose of legitimate communication; or
3. Strikes, shoves, kicks, or otherwise subjects another person to physical contact, or attempts or threatens to do the same because of a belief or perception regarding such person's race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation, regardless of whether the belief or perception is correct; or
4. Commits the crime of harassment in the first degree and has previously been convicted of the crime of harassment in the first degree as defined by section 240.25 of this article within the preceding ten years.
Aggravated harassment in the second degree is a class A misdemeanor.
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This is essentially a "catch-all" section that your brother has fallen into. Your brother should turn himself in after the following preparation: A written request that the incident be investigated by the police to determine if the grounds for the charge exist. I would have the letter notarized and mailed (by certified mail) to the district attorney, the chief of police, and the detective in question. Hopefully you will be able to show that the charge is unfounded. If however, the case moves forward then obtain the services of an attorney to help you navigate through this. It sounds like you will have a good chance of refuting her evidence and showing the court that your brother is innocent.
Jeff
Jeffrey Hauck
Licensed Private Detective
Post Office Box 142
Macungie, PA 18062
www.private-eye.homestead.com
pa.detective@gmail.com
Tel: 484-274-3909
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Answers by Expert:
Jeffrey-Peter Hauck
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Licensed Private Detective with expansive clientele base encompassing hundreds of cases. Donates resources and time to the Children's Rescue Network in Orlando, FL.
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Decorated retired 15 year veteran police sergeant, twice promoted through the civil service commission. Served in the capacities of patrol officer, training officer, SWAT officer, first line patrol supervisor and administrative supervisor. Graduate of several criminal investigation schools and currently a licensed private detective. Holding over 50 certifications related to police training and instructing in disciplines such as "defensive tactics," "firearms," and "professional development."
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