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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27009
Experience:  Handle criminal matters in both state and federal courts.
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How do you file a complaint of malicious prosecution in

Customer Question

How do you file a complaint of malicious prosecution in Rockland County NY
Submitted: 7 months ago.
Category: Criminal Law
Expert:  Lucy, Esq. replied 7 months ago.
Hi, I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened. How much are you seeking in damages? That will affect which court you can bring a complaint in.
Customer: replied 7 months ago.
I want to sue him for $31,600. I paid $15,000 in October for the planting of 34 trees that can grow to 50 ft tall. The intention was that they would grow and become a very tall natural fence to block my neighbor's view of my property and to stop him from being able to come to the property line and yell at me as he did on three occasions. He was yelling about my pets coming on his property and about them barking. Part of the $15,000 I spent was for an electronic containment fence. For a second time he made my privacy screen purchase a waste of time. First he flew a drone to peek over the top of the $800 worth of seven foot trellises I put on top of my deck. Next a couple of weeks after I had the trees installed, he stuck his face between them and started yelling at me anyway (and then he proceeded to throw branches at my cat who was BEHIND his property line). I reported all this to the police and as for the animal complaints, I have become BFFs with the Animal Control Officer who informs me that he never made any report regarding the animals.Clearly he is 'retaliation method shopping'.How much. I want to charge him what I am out of pocket PLUS an amount equal to that for emotional damages. One of my twin daughters he was spying on has a modeling contract. The going rate for models is $150-200. Once I find out how long he was watching them over those three days, he should pay her going rate in addition to the $31,600. They should get separate compensation in the amount of at least $5,000 each. The disabled twin was caused considerable stress and pain. She has been in chronic pain for 14 years and he added to her distress.I went to the police station twice after I had the police over about him saying to my disabled daughter, "I can fly my drone over and look at you whenever I want to". His flying took place a week before the "no drones off your property" law took effect in Rockland County NY. http://rocklandgov.com/files/3314/4000/7890/pr_DRONE_HOOD.pdf However the police are not parsing the event. It was not just about a drone on my property (and right in my face for three days and in my daughters' for three more), but about illegal surveillance. He was watching me drink coffee and viewing my sunbathing twins without permission. I have video of his drone spying on my deck. He may still have the images he took with his drone, which has to be illegal and an issue separate from the flying of a drone... i.e. a drone with no camera. I have a third daughter who has a degree in aeronautics (and 2 more in engineering) who settled my question as to whether he was viewing us by saying, "If he was not flying into things, his drone was using video guidance". The only question was did he SAVE these images, but I believe the law would find his actions illegal even if he took them to INSTANTLY view and dispose of them immediately.Three police reports were written up about these events, but all the word service has never resulted in my neighbor's being charged. I want the DA's office to accept the case and for a judge to decide it. (Months ago, I sent the DA's office an email which they ignored.) Right now, the police are in my eyes 'forgiving' his crime. That should be my prerogative and not theirs... and I am not forgiving anything. These events happened on Saturday. Monday, I went to the station for police reports. Wednesday, I called the commanding officer asking for an appointment (no response from him hmmmm). Today, I may pay him a visit and report the officers (and my neighbor who is using them as his pawns) as you in part suggested.I also want a restraining order (the officer at the Humane Society recommended this when I filed a complaint for him throwing branches at my cat). However I am informed that I can't do this unless he is charged with a crime. Please help me throw the book at this low-life. Thank you.
Expert:  Lucy, Esq. replied 7 months ago.
Thank you for this additional information. I'm afraid this is beyond what I'm able to help you with. I'm going to open your question up to the other experts. Please do not reply, as that can cause delays. Good luck.
Expert:  Samuel II replied 7 months ago.
HelloThis is Samuel. If the police are blowing this off and not taking it seriously, then your option for criminal charges is to discuss it with the DA OR go an file a Statement of Charges with the Magistrate in the county where you live. The District Attorney is the final determination as to whether there is Probable Cause to proceed.