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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 36608
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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I got very drunk at an office Xmas party and threatened a

Customer Question

I got very drunk at an office Xmas party and threatened a employee, I don't remember a thing. I will get arrested?
Submitted: 1 year ago.
Category: Legal
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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Do you know what was actually said to the employee?

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Was it a conditional threat? (i.e if you don't stop doing X I will do Y)

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Has the employee filed a criminal complaint that you know of?

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thanks

Barrister

Customer: replied 1 year ago.
I am not sure what I said. I was very drunk. Firm said they are having an HR attorney look into this. They told me I could finish the day and I am on paid leave for two days.
Expert:  Barrister replied 1 year ago.

Ok, without knowing what you actually said, it is kind of hard to opine on your legal position and potential liability. But if you made a conditional threat, then that wouldn't be actionable. For example, "If you don't stop doing X then I am going to beat you up". That is a threat that is dependent on the other person doing or not doing something. So the police won't take any action.

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If it was a direct threat, like "I am going to kill you", then whether it would be acted on by the police if the person filed a complaint would depend on whether the person actually felt threatened and the likelihood that you would follow through on the threat.

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But when someone gets intoxicated at a party and says something foolish, it is extremely unlikely that they will carry through on it when they sober up and that is the way the DA generally looks at things like this...

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So I would feel pretty confident in saying that it is very unlikely that any type of criminal prosecution will occur.

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thanks

Barrister

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