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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16503
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Hi, Fran. Its Donna again. You helped me last week with a

Customer Question

Hi, Fran. It's Donna again. You helped me last week with a problem I encountered with a former friend. Now I have some other questions. This same person, who works for the City of New York and very closely with the Mayor's office, used connections to get information on me such as where I work, etc. I don't know if he has my social security number or what else he has on me information wise, but isn't this illegal. He did all of this without my knowledge. I need to know what recourse I have on this and since I have to stay away from him because he went to the cops and filed an aggravated harrassment complaint about me, would he consider this also harrassment if I filed whatever against him?
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Michael J, Esq. replied 4 years ago.
Hello -

Thank you for contacting JustAnswer. My name is Michael; I look forward to helping you with your criminal problem today.

Could you explain the situation a little more? What information did this person get on you and what did he use it for?

Thanks

Michael
Expert:  Zoey_ JD replied 4 years ago.

Hello Donna,

 

I'll be with you shortly. Thank you for requesting me.

Customer: replied 4 years ago.
<p>Hi, Fran. Hoping you can once again help me. Got to thinking about alot of things over the weekend. Things are sticking points in my mind, but this same person from our last weeks conversation works for the City of New York, very closely with the Mayor's office as a computer technician. Since I have been warned to stay away from him avoiding all further contact, isn't what he had done illegal.  He used his connections with the City to find out the truth about who I really worked for.  Through these connections, he found out the name of the company, the phone number. God knows what other information he has on me that I am not aware of.  What recourse, if any do I have and if I do have any recourse, is this going to be considered harrassment if I file a complaint</p>
Expert:  Zoey_ JD replied 4 years ago.
Hi Donna,

I am sorry for the delay. I don't generally get on here until mid-afternoons and then I work until the wee hours.

You cannot talk to him about this, because that would violate the order. However, taking legal action against someone would not be a violation of the order of protection, assuming, of course, the matter was not frivolous and you didn't serve the notice of suit or the reverse protective order yourself (which would be improper service under any circumstances anyway).

If this person accessed private records to find out personal details about you and you are sure enough about that to want to make something of it, you should bring it to the attention of the lawyer on the case. He can bring that to the attention of the District Attorney and see what happens from there. Once you are already a defendant on an open case, a NYS DA is not going to want to talk to you as it's a potential conflict of interest. So the way to go about this is to give your lawyer all the details and let him work with this for you.

Having him

In NYS, if you wanted to
Customer: replied 4 years ago.
<p>That's ok.  I know you're busy with others, but I seem to trust what you say.  Remember, the cops just gave me a warning to stay away.  I have not been arrested, so there is no order of protection. I just want to know that if I bring a complaint against him would it be a violation of his aggravated harrassment claim. I mentioned this to another friend of mine and they asked me to ask this question.</p><p>By the way, you never got to finish at the bottom of your other response what you were saying</p>
Expert:  Zoey_ JD replied 4 years ago.
Hi Donna,

Actually I did finish what I intended to say to you. I edited down and left some scraps I should have deleted.

Thank you for refreshing my recollection. I'd forgotten that you've only been warned and that there was no order. I still wouldn't call him about this, but your information does change the picture significantly.

If you wanted to put the shoe on the other foot, you could go to the police and/or the DA and say that you have reason to know that this particular person has accessed private government records to get personal information about you, and that this has made you fearful for your safety. I'm assuming you can back this up with something really concrete, and if you can, you can get a protective order and that would nip anything in the bud. If the police or the DA went forward with anything on your behalf it would NOT be grounds for the police to arrest you just because he didn't like it. That doesn't mean, however, that once you escalate, he won't decide to find something else to try and charge you with.

Bluntly, when people who used to have feelings for each other get hurt, these kinds of things can get ugly and unpredictable.
.
Customer: replied 4 years ago.
<p class="text-15-black">Fran, I'm sorry, had no right to contradict you on your ending.  I just thought that you meant to say more and by mistake pressed the Send button. </p><p class="text-15-black">I have phone numbers from people within the City of New York, who called my place of employment asking to speak with me in order to verify if what he found out was in fact the truth. He also indicated to me before he went to the cops that he knew more than what I was aware of. Please correct me if I am wrong, but that sounds like maybe blackmail or something of that sort.  Isn't that illegal?</p>
Customer: replied 4 years ago.
I have phone numbers from people within the City of New York, the Mayor's Office, who called my place of employment asking to speak with me in order to verify if what he found out was in fact the truth. He also indicated to me before he went to the cops that he know more than what I was aware of. Please correct me if I'm wrong, but that sound like maybe blackmail or something of that sort. Isn't that illegal?
Expert:  Zoey_ JD replied 4 years ago.
Donna,

I apologize. I answered this more than an hour ago and then went out to run some errands. It appears not to have posted, and it's lost in cyberspace.

Anyhow what I said was that if you are in legitimate fear for your safety because this man has put other people up to calling you and bothering you at work, at the very least this would make out aggravated harassment and/or stalking in the 4th degree, which would be something for which you could get a protective order and get him a criminal citation. And, if, when the DA hears everything, he believes that the content of these conversations and the nature of any threats rise to the level of extortion, he can prosecute for that as well.

I would probably bypass the police if you wanted a protective order. Chances are the ones you'd have to deal with are the same as the ones he went to. The DA would likely be more sympathetic. If you're not afraid of him, and the calls have stopped, you should think hard about whether or not you want to stir this all up or whether it's best to leave well enough alone and move on. If you prosecute, he's almost certainly going to claim that the only basis for his prosecution is retaliatory on your part. So be ready for that.

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