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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 21895
Experience:  Handle criminal matters in both state and federal courts.
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I know a guy who has been in a lot of trouble with the law,

Customer Question

I know a guy who has been in a lot of trouble with the law, in and out of jails and prisons, and when he is not behind bars he is constantly harassing me to give him money, he doesn't ever actually threaten it, but if I don't something bad will happen, i,e, he "stole" (as he puts it, he doesn't think it's stealing) my cars 3 - 4 times.

I only mention that to describe what a huge hassle has been to me. Now he's in state prison for a 3-year sentence. Here's the problem: EVERY DAY I get a letter from him in which he describes, in detail, how much money he needs, and itemizes each cost. Then he goes on to tell me how much he loves me (although he was highly diillusional, the "love of his life" was a woman named Isabelle.

At this point, his letter are becoming more demanding, more desperate. I'm guessing he's been in there 2 - 3 months? I have not communicated to him in any way. But I want to be sure that he knows his letters are not welcome, in fact they are becoming a huge hassle. How can I get him to stop? And to make it very clear that he never, ever, again contacts me, in any way shape or form. Also I will need that kind of protection after he gets released from prison, which I understand is commonly only half-time.
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Samuel II replied 3 years ago.

Customer:

Hi

Customer:

You are doing the correct thing by trying to contact his counselor or case manager. Have them advise this guy that he is not to continue contact with you. If he is released at 1/2 time or early, he will be on parole - under supervision. So you also can contact the Parole Board, and tell them that you do not want this guy to have any contact with you. They will put all that information in his file and as a condition of the Parole order a no contact with you.


 

Customer:

Other than that, you will need to wait until he is released, and the request a protective order should he contact you.

Customer:

Here is the contact info for the CA Parole Board (NNN) NNN-NNNN/p>

Customer:
Customer :

Thank you. I want to be very clear about this, since his counselor hasn't called me back. Granted, this was about two weeks ago, and only the squeaky wheels get the grease, so I need to add it to my reminders to place calls to him daily. How can the huge prison system monitor what letters he sends? He could send a letter to his daughter or his girlfriend and have one of them try to get the letter to me. With a normal protective order, even that would be a misdemeanor or a felony (I think it's based on what type of crime one has been charged with.) Basically I want to form a fail-safe system.

Customer:

I fully understand. It may not be possible for the counselor to stop him from writing you a letter. But it will give him a head's up that he needs to stop. Then when you contact the Parole Board, you can state that you told his counselor of how annoying, harassing the contact is and that you are feeling your safety and wellbeing threatened.

Customer:

That you want the Parole Board to place a no contact on his release.

Customer:

Such a contact will stipulate no 3rd party contact. Which means he cannot have a sister pass a letter onto you

Customer:

Of course, that will only be a condition upon his release.

Customer:

Perhaps, instead of reading his letters, you should begin sending them back, unopened

Customer:

Return to sender written on them. He will get the messsage

Customer:
Customer :

I am sorry, my computer crashed after I had written out two other fairly important matters concerning his incarceration. I will make this first email short and then get into whichever specifics you need. Leading right up to his arrest (he was on probation hold for not serving one year at a rehab or sober house)

Customer :

I did not realize that pressing return would send my email. so I wasn't quite finished...

Customer:

Alright. I am still here

Customer :

I suppose, that for whatever odd reason he chose to break probation and live in fear of a 3-year prison sentence vs. a simple year at a rehab or sober house. Just days or weeks leading up to his arrest, he came by my house as he did often, unwelcome, but I cooperated for fear of what he would do if I didn't, He demanded cash bc he needed it for groceries and a motel for a week. I told him I didn't have an ATM card, because I told them "someone" (him) knew my PIN and not under any circumstances should they send a new card with the same PIN. (which they had done already twice, but another atty hear is helping me with BofA negligence on this matter) He got very very angry and started to throw things around, some of them hitting me. I was in the bedroom, and one of the things he threw, he threw with enough strength that the hole almost goes through to the outside. (more)

Customer:

Alright. I am still here

Customer :

Then he went into the bathroom quickly for some reason, and I simply picked up the phone to see if there were any missed calls, make sure it was charged, whatever. He saw that I had the phone in my hand, took it, threw it against the wall too, saying that better not have been 911 you were calling. He then demanded I drive him to the ATM, using the brand new card, I suppose taking his chances that BofA screwed up again. At this point I was shaking and so were both of my 100-lb DOBERMANS, so I just shut up and drove him to the ATM, where he waltzed up, entered in the same (old) PIN, grabs the max ($700) and that's the last I saw of him.

Customer:

I am sorry you have been through all of this. I suggest you can put all of that in a letter to the Parole Board and they will have it in his file for review. I also suggest you mention that he is writing you letters, which you are returning to him unopened

Customer:

There is just nothing else you can do other than what I have already suggested.

Customer :

AT THAT TIME, because of extenuating circumstances for which I had to hire a criminal defense atty (and I erased all that I had written here, bc the only thing you need to know is that my atty advised me against filing a police report for the grand theft, the battery or assault? (I forgot which is which), and I believe too that it is a felony or at least a misd. to not let someone use their phone. Because of some other criminal people whom this man tricked me into letting me stay in my home, SQUATTERS, he thought my profile would just look too high if I filed a police report at that time.

Customer :

Also, there was the fear factor, if he was not behind bars and found out that I made these charges against him, I could easily suffer retribution. So once he was arrested, it was only the matter of fear of further police exposure at a very sticky time if I filed the police report while I was under an LAPD-issued microscope. Recently, the D.A. informed my atty that he rejected any and all charges against me. BotXXXXX XXXXXne:

Customer :

I want to make sure this guy stays in prison for as long as possible. I want to file the police report ASAP; I'm sure BofA will ask for one when I file a claim for the fraudulent use of my ATM card. So how long is too long to file a police report after an event?.Will they be understanding, or uncooperative if they find out I didn't file a police report until now? My goal is, not only to get my $700 back, but also to add additional charges to his lovely prison stay. Does that make sense?

Customer :

p.s. I also know the name of his parole agent, and have spoken to him before, but am I correct in saying that doesn't matter anymore because he's in a different system now? I am wondering if that is one way I could "pull strings."

Customer :

sorry, I realized that my pronouns are a bit mixed up, as I re-read what I wrote. I assume you know who "them" is, BofA.

Customer :

Yes, this is a huge mess and of course I will press "Accept" once you answer the last batch. I appreciate your help.

Customer :

Question - am I still "in chat"?

Customer:

Hi

Customer:

Yes, I am here.

Customer:

I am readin what you've written

Customer:

You can file the police report agaisnt him because of the BOA situation.

Customer:

He may or maynot be charged. But the report should be filed

Customer:

If he is charged, then he will be notified and a warrant detainer will be placed so he can stand trial

Customer:

He will have a new Parole Agent. So I see no need to contact his prior one

Customer:
Customer :

OK just one more quick question I need clarified. Do you have any idea how the police will consider such late filing on this charge? Also, is there a statute or something during which charges must be filed? Lastly, I would want "victim's rights," which I assume will all come as part of the charges I am reporting.

Customer:

What is the date of the crime with BOA?

Customer :

Without wanting to take up too much of your time...I would say March?

Customer :

That's about right, he's been in prison for 2 months now.

Customer:

I see. Then the police will not have anything to say about you filing the report now.

Customer :

They will be ok then, is what you are saying.

Customer:

There is a 3 year limit in which to file reports and have charges proceed

Customer:

Yes. You're fine.

Customer :

OK great, thanks a lot. Your answers gladly "Accepted"

Customer:

You are well within the statute of limitations for them to proceed with charges and prosecution

Customer :

Oh I need a transcript.

Customer:

You must hit the Green Accept button for it to process

Customer:

If you want to print this when you accept it will convert to a Q&A

Customer :

Yes, I had hit it, then I realized I needed a transcript.

Customer:

and you should be able to print from there. If you have problems, you can email info@justanswer.com and they can assist you.

Customer:

Are you saying you hit Accept and it did not process?

Customer:
Customer :

It gave me a shaded message, which was some type of needing clarification, but I didn't read it because I wanted to get transcript asap. I'll hit "ACCEPT" again.

Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 21895
Experience: Handle criminal matters in both state and federal courts.
Samuel II and 5 other Criminal Law Specialists are ready to help you
Customer: replied 3 years ago.
Need no further information at this time, except, do these transcripts stay on this site? I need to get printer ink before I will be able to print.
Expert:  Samuel II replied 3 years ago.

Hi

 

I do not know exact life span, but you should be able to locate all your questions via your user name and password XXXXX you log in.

 

 

Customer: replied 3 years ago.
I wd like to know if I rated u or gave u a tip. Seem to be having some problems with that page
Expert:  Samuel II replied 3 years ago.

Hi

 

Yes. Thank you for the generous bonus and the FB.

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