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Ask Samuel II Your Own Question

Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 21877
Experience:  Handle criminal matters in both state and federal courts.
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I had an argument with an ex and threw a small rock toward

Customer Question

I had an argument with an ex and threw a small rock toward him. He threw a handful of rocks at me. He is threatening to press assault charges against me, claiming that I hit him with the rock. Because my career would not be in favor of me having this charge, now he is blackmailing me to pay him 7000 to have him drop this. He claims also that I owe him for work he did around my house etc.
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Samuel II replied 2 years ago.

Samuel-II :

Hi

Samuel-II :

Was this incident reported to the police at all?

Samuel-II :

Have you and/or he filed a police report? How long ago did this happen?

Customer :

It started with him taking my dogs and telling me that they were his and he was never going to give them back

Customer :

I did call the police about the dogs

Customer :

I then foolishly went to his house to get my dogs and he was calling me names and again saying the dogs were his etc. I tossed a rock, not intending to even hit him. He saiys it did and he says a neighbor saw it all

Customer :

it happened Sept 19

Customer :

Hello???

Customer :

So, I paid for two questions to be asked of me?

Customer :

Ok, thank you. I will wait for an email.

Samuel-II :

Hi

Samuel-II :

I am here and I do not get credit until you accept an answer. I have not, yet, provided that.

Samuel-II :

We are still in information requested mode.

Customer :

ok

Samuel-II :

He claims to have a witness. Of course, that is not good. However, he is blackmailing you and that is a crime. I suggest you are going to have to go to the District Attorney and explain what happened. Explain that you want to have him charged with the blackmail. You cannot worry, at this time, about him saying you assaulted him. You don't even know if he has a witness. The DA may want you to wear a wire or tap your phone to get him on the record making the blackmail demand.

Samuel-II :

The thing is, the "assault" charge is so bogus that even if he filed a report, the DA would more than likely toss it out.

Customer :

ok, I feel like it is too. He is very intimidating and verbally abusive

Samuel-II :

So, I suggest that you can begin with the DA. The DA will be able to investigate the blackmail. They may even have you file a criminal charge against him for throwing stones at you.

Customer :

he is also telling me that he has retained an attorney which I do not actually believe

Samuel-II :

He does not need an attorney if he files charges. The DA prosecutes these matters.

Customer :

I feel like he is intimidating me...he went from saying I owed him 26000 to 7000

Customer :

he said this attorney came up with the 7000

Samuel-II :

So I suggest you go to the DA and tell them you are being blackmailed

Samuel-II :

He sounds like a terrible bully.

Customer :

ok, so I go to the court to see the DA?

Samuel-II :

The DA's office is usually in the same building or close by, yes.

Samuel-II :

Tell the clerk of the court you are looking for the District Attorney's office.

Samuel-II :

You cannot live with him bullying and blackmailing you

Customer :

do I call and make an appt? and how long does that normally take? Should I speak to the police officer that I spoke to about the dogs?

Customer :

I did change my locks

Samuel-II :

You can tell the police. But I suggest you go directly to the DA. THis is something they should be investigating with an in house investigator.

Samuel-II :

It's black mail.

Samuel-II :

You can call and request to speak to a victim/witness coordinator.

Customer :

yes it is. I am a teacher and he is threatening to have this in the newspaper etc

Samuel-II :

Do not go into detail on the phone

Samuel-II :

just tell them that you are the victim of a crime.

Samuel-II :

I see. Not good for you and he knows it. Nothing he is doing is legal

Customer :

I am just afraid of what he is capable of. I appreciate your opinion and help

Samuel-II :

Tell them you are the victim of a crime and you need to sit and see someone immediately

Samuel-II :

You're welcome. Try not to be afraid of him.

Customer :

unfortunately it is the weekend:(

Samuel-II :

If you have further questions, you may post them here and i will continue to assist. Otherwise, even if you have a subscription with JA please remember to ACCEPT my answer as that is the only way I can get credit for my time and information in this matter. Thank you and Good luck

Samuel-II :

Yes. First thing Monday morning

Customer :

Thank you

Samuel-II :

I suggest you not talk to him at all anymore.

Samuel-II :

Do not take his phone calls, etc

Customer :

I will not

Samuel-II :

Good. Once you get with the DA, you will feel much better.

Customer :

he does have some things still in my shed

Samuel-II :

You throwing a stone at him, is minimal compared to his blackmail

Customer :

how can I return them to him?

Samuel-II :

If he comes on your property, I suggest you call the police and tell them you have an intruder or trespasser and you are afraid

Customer :

I do not want him saying I stole them

Samuel-II :

I would not worry about returning his items at this time. Just let them alone

Customer :

ok, that is why I called the 19th...so they have a record of that in case more were to happen

Samuel-II :

Let them stay where they are

Customer :

ok.

Samuel-II :

He will surely get his personal belongings at some point. But not before he is charged with blackmail

Customer :

No legal repercussions will come my way if i deny him the "right" to come get his things this weekend?

Customer :

I have not spoken to him ...I am preparing for what to do if he contacts me to get his things

Samuel-II :

No. You can allow him to get the things or not. I suggest you might want to avoid any contact

Samuel-II :

If you have further questions, you may post them here and i will continue to assist. Otherwise, even if you have a subscription with JA please remember to ACCEPT my answer as that is the only way I can get credit for my time and information in this matter. Thank you and Good luck

Customer :

I am not clear of your answer

Customer :

so I should ignore calls etc from him and I will not be told that I prohibited him from getting his things?

Customer :

I am sorry, I feel legal issues get twisted

Customer :

I do not have experience with this and I am nervous

Samuel-II :

What I suggested is you try to have no contact with him. You want to got the DA on Monday. In the meantime, if he comes to your property, you can either allow him to get his things from the shed or not. You will not get in trouble if you don't. At some point he will get a police escort under court order to get his things.

Samuel-II :

That is what I suggested to you

Samuel-II :

If you have further questions, you may post them here and i will continue to assist. Otherwise, even if you have a subscription with JA please remember to ACCEPT my answer as that is the only way I can get credit for my time and information in this matter. Thank you and Good luck

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