The terms are somewhat interchangeable and, for that matter, if you are a crime victim it is relatively inconsequential how the New York Penal Law defines a particular offense. After all, your goal is clear. How do I prevent my tormentor from harassing and threatening me whether its online or offline? Although the questions are many – do I want to file a criminal complaint, petition for and get an Order of Protection in Family Court, hire a lawyer to shut down my blackmailer to keep it out of the public eye – as long your abuser committed some criminal act, you have avenues to protect yourself in or out of New York’s criminal justice system. While the links below addresses your remedies and the means by which you can stop a perpetrator of Revenge Porn, Sextortion, Cyber Harassment, Online and Offline Stalking, Extortion, Coercion and Blackmail, this blog entry is more limited in its scope. That is, what is the difference between Blackmail, Extortion and Coercion?
The New York vehicular crime lawyers and DUI attorneys at Crotty Saland PC are pleased to share the recent dismissal of all criminal charges against a client accused of DWI and Aggravated Unlicensed Operation of a Motor Vehicle in the Third Degree. Within the four corners of the criminal court complaint, our client faced serious offenses and, if convicted, a mandatory license suspension, installation of an ignition interlock device in the vehicle, fines and, a permanent criminal record. Although prosecutors made multiple non-criminal offers, our attorneys repeatedly advised the client to reject the non-criminal “deals” presented by the District Attorney’s Office. At bottom, although we disputed whether our client was legally intoxicated (there was a refusal to “blow” in the portable breath test device – PBT – as well as in the Intoxilyzer), we argued that the client did not violate the spirit of nor the elements the New York Vehicle and Traffic Law.
How do I get an Order of Protection in New York? Do I have to go to the police, such as the NYPD, to apply for a Restraining Order? What are the steps and whatever they may be, am I eligible for a Stay Away Order? All reasonable questions, the answer to whether you are entitled to an Oder of Protection (“entitled” may or may not be the correct word in this context) and whether a judge will issue one depends on many factors. Before briefly addressing the answer to your questions in this blog entry, and discussing further with your attorney should you determine you are a candidate for a Restraining Order in New York, keep the following in mind. A Restraining Order, Stay Away Order and Order of Protection are different names for the same order issued by a court. No matter what you call this mechanism to protect you from another person, in the State and City of New York, there are generally two avenues to secure an Order of Protection. A Criminal Court Judge can issue a Restraining Order after the arrest and during the arraignment of a criminal defendant and Family Court Judge can issue an order in a civil proceeding pursuant to the New York State Family Court Act Article 8.
If you are a victim of Revenge Porn, Cyber Stalking, Online Harassment, Sextortion, or other victimization, not only is your ex-boyfriend, former girlfriend or whomever is posting your intimate images without your consent, trying to shame and torment you, but they are likely committing a crime and setting themselves up for a lawsuit they will not soon forget. What gives a harasser and stalker power is they believe that you, the victim of unlawful distribution or publication of your personal and sometimes explicit recordings, pictures and videos, will succumb to shame and humiliation instead of fighting back with an experienced and knowledgeable attorney. He or she will use Revenge Porn as a means to strike at you from afar knowing that your anxiety will intensify every time you access Instagram, Reddit, Snapchat, Youtube, Facebook, Tumblr, or any other social media platform. Whether your tormentor post videos of you engaged in sexual acts or more “tame” images of your naked body, know that you can potentially have these images not merely hidden or blocked, but removed from Google, Bing, and Yahoo search engines. The lift may not be easy and you may have some work ahead, but when you are ready to hire a lawyer familiar with Revenge Porn and Sextortion crimes and statutes, the civil remedies to compensate you for your pain, the means to secure an Order of Protection, and ultimately the ability to remove copyrighted or explicit personal pictures from the internet by way of a DMCA Takedown or other method, you can put the Revenge Porn, Cyber Stalking and Online Harassment campaign against you in your rear view mirror.
A friend of LeSean McCoy’s ex-girlfriend, Delicia Cordon, accused the Buffalo Bills’ running back of a horrifically violent attack that allegedly left Cordon hospitalized and bloodied. Beyond the claimed domestic violence she suffered at his hands, further assertions, by way of Instagram, lobbed at the athlete included the beating of his son, the pummeling of a pet dog and steroid use. Hours after the social media post, McCoy assertively denied the accusation and went as far as denying any physical, aka, “direct.” contact with Cordon for months prior. The question remains, however, if McCoy’s response that he had no contact with his ex doesn’t hold water, or corroboration exists as to these serious allegations, what charges could he face if he intentionally inflicted what appear to be quite frightening injuries on Cordon’s face? Even assuming probable cause does not exist to arrest McCoy or proof beyond a reasonable doubt to convict him of any crime as to Cordon, what is his exposure to crimes involving his son and animal cruelty?
In the age of #Metoo, an important movement long time coming, there can be unforeseen consequences when vigorously supporting gender-based misconduct without stepping back to thoroughly examine an accusation. Simply, allegations that lack sufficient corroboration or answers to reasoned questions should hold no more water than those in other contexts. As much as we want to believe any assertion of wrongdoing is legitimate, sometimes such claims are subjectively “right” because a complainant perceives it as such or they are completely fictitious. Regardless, whatever the case may be, a critical analysis of the evidence and facts tells quite a different story. For a recent client of the New York criminal lawyers and former Manhattan prosecutors at Crotty Saland PC, such a scenario played out in a New York City Criminal Courts. After being contacted by the NYPD, our client self-surrendered for his arrest and prosecution by the District Attorney where the latter charged him with, among other offenses, Stalking in the Fourth Degree, New York Penal Law 120.45. Fortunately, and thanks to the skill, diligence and advocacy of Crotty Saland PC, a judge acquitted our client of all charges after trial.
How do I stop an ex from humiliating me with Revenge Porn or “”Sextortion” by sending intimate images to my co-workers and family? What steps can I take to stop a person from Blackmailing me? I am being harassed and extorted by a former business associate. Should I report the Extortion to the police or are there other methods to stop my victimization? All reasonable questions, even if the answers are not always easy, know that there are numerous actions that you can take regardless of whether you engage a Blackmail defense lawyer or Revenge Porn attorney. In short, while not a complete list of questions and answers, securing formidable evidence and allowing your abuser to “hang” him or herself is invaluable to cease your Extortion, Coercion, or other harassment no matter if you pursue protection with the assistance of the police or retain private legal counsel. In fact, taking the proper steps to preserve evidence as early as possible will provide you with the strongest foundation no matter if you fight back through the New York City or New York State criminal justice system, with a law suit in the civil courts, petitioning the New York Family Court for an Order of Protection, or by means of a case and desist letter along with a non-disclosure agreement.
Should I Block my Blackmailer from Texting, Emailing or Communicating with Me on Social Media?
Thanks to the passage of New York City Administrative Code 10-177*3, Unlawful Disclosure of an Intimate Image, victims of Revenge Porn and the unauthorized sharing of compromising images in New York City – Manhattan, Brooklyn, Queens, Bronx and Staten Island – now can protect themselves in a court of law. Not only are distributors of intimate images, videos, pictures and other recordings committing a crime, but you, as a victim, can also file a lawsuit to hold them financially accountable for, among other things, punitive damages. Simply, if an ex-boyfriend, former spouse, or even an affair, shares your intimate images that he or she may have lawfully had at some point but were not permitted to send out to friends, business associates or online, a NYC Revenge Porn lawyer can help you secure justice in every sense of the word. No longer will you have to shrug when you ask, “How can I protect myself as a victim of Revenge Porn?”
The overwhelming number of criminal cases in New York never reach the point of trial. Whether the arrest is in New York City or the Hudson Valley, as cases wind their respective way through the criminal justice system, the District Attorney, judges and criminal defense lawyers address issues ranging from the legality of the original search and the strength of evidence to sufficiency of complaints and mitigating factors. Those criminal cases that are not resolved by a plea, reduction of charges or dismissal ultimately find themselves before a judge or jury for trial. For a recent client of Crotty Saland PC’s criminal lawyers, our client found herself charged with Fourth Degree Criminal Mischief, New York Penal Law 145.00. The allegations stemmed from a fictitious claim by our client’s ex-husband and his current girlfriend, with whom he had an ongoing affair, that our client approached the girlfriend’s home and smashed a window in the center of a door.
The questions is a common one. “How do I get an Order of Protection in New York?” “Who can get a Restraining Order in NYC?” “Do you need a lawyer to get an Order of Protection?” Before answering these questions, know the following. Family Offense Petitions in New York Family Courts, pursuant to New York Family Court Act Article 8, are some of the most frequently dismissed petitions on technical grounds – most commonly, failure to state a cause of action, or “facial insufficiency.” This essentially means that the Petitioner, the person making the allegation and the one seeking an Order of Protection, aka, Restraining Order, has failed to allege facts that make out one of the many enumerated offenses that constitute a Family Offense. Simply, if you are frightened for your well-being to the point where you commence a legal action whether its in New York City or the Hudson Valley, you will either ensure it is done correctly or deal with the potentially tragic consequences of not engaging an NYC Order of Protection lawyer to ensure the same.
NY Family Court Orders of Protection: Court’s Initial Legal Standard and Review