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I had a question yesterday regarding a stalking problem. I…

Hello, I had a question...
Hello, I had a question yesterday regarding a stalking problem. I will be meeting with detectives in the near future to get a restraining order. My question/s are can I send you my description of 4 incidents and can you advise me how to express each of them to the detectives and possibly a judge? Can you read them and tell me how you would state them as a lawyer for a client? I want to be understood. Thank you!
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Customer reply replied 1 month ago
I can send the text for what I mentioned above if you want to see it before you answer, if you can answer, I am sure I don't know all the rules and regulations to this sort of thing.
Answered in 2 hours by:
3/10/2018
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 30,093
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Hi,

I'm Zoey.

I've reviewed your post. Please be patient as I may need to research for you, and it also takes time to compose and type a reply.

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There are no rules and regulations to this. You simply want to tell what has been happening in such a way that the detectives and the DA who later gets the case knows what to charge the defendant with.

Here is the harassment statute:

Harassment in the second degree. A person is guilty of harassment in the second degree when, with intent to harass, annoy or alarm another person:

1. He or she strikes, shoves, kicks or otherwise subjects such other person to physical contact, or attempts or threatens to do the same; or

2. He or she follows a person in or about a public place or places; or

3. He or she engages in a course of conduct or repeatedly commits acts which alarm or seriously annoy such other person and which serve no legitimate purpose.

__

So in your narrative, you want to cover the elements of the crime. That is, if he's been following you around and his behavior is annoying or alarming and there's no good reason for him to do this, that's what you'd have to tell the detectives or the prosecutor or, if necessary, the judge.

You can send me your narrative if you wish.

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Customer reply replied 1 month ago
Thank you :) Should I send them one at a time or on one form separated. I really appreciate this thank you!
Customer reply replied 1 month ago
The police report is actually for stalking and I hope to have him arrested and get a restraining order

You can send them all at once. These don't have to be elaborate. They just have to make out the crime charged, and if the police or DA need a lot of specific details they will ask you to fill in. These are all busy people. Keep your narratives short and to the point.

Here's the stalking statute:

A person is guilty of stalking in the fourth degree when he or she intentionally, and for no legitimate purpose, engages in a course of conduct directed at a specific person, and knows or reasonably should know that such conduct:

1. is likely to cause reasonable fear of material harm to the physical health, safety or property of such person, a member of such person's immediate family or a third party with whom such person is acquainted; or

2. causes material harm to the mental or emotional health of such person, where such conduct consists of following, telephoning or initiating communication or contact with such person, a member of such person's immediate family or a third party with whom such person is acquainted, and the actor was previously clearly informed to cease that conduct; or

3. is likely to cause such person to reasonably fear that his or her employment, business or career is threatened, where such conduct consists of appearing, telephoning or initiating communication or contact at such person's place of employment or business, and the actor was previously clearly informed to cease that conduct.

For the purposes of subdivision two of this section, “following” shall include the unauthorized tracking of such person's movements or location through the use of a global positioning system or other device.

Stalking in the fourth degree is a class B misdemeanor.

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Customer reply replied 1 month ago
This is what I am hoping you can help with, how would you say these. I am afraid I will not get my point across. In between were many other incidents but these 4 were the biggest ones and I think will be the most important ones to express. Just a quick background this is someone that came on to me that I avoided afterward and is now stalking me and this has been going on since August of last year. I have literally not spoken a single word to them since then. This is insane. He is a grown man who lives with his mother! The reason this is so difficult is I care for the outdoor cat at our building. I am out there rain or shine twice a day and I am not stopping care of her because of him,I am the only one she trusts. He can see the outside walkway from his mother's apt which is why I really need a retraining order or he'll see me out and always come down. He has now taken to following me in the neighborhood! Thank you again for any help you can give me.August 31st 2017
This is the first incident with the stalkerThe person came up behind me in the Building A Gazebo area at 9pm. It was very dark, there isn’t much lighting. He tried to make chitchat twice and I simply nodded and continued care of the building’s outdoor cat. After not getting attention from me he snapped. He suddenly yelled LOUDLY FOUR times “I DID NOTHING WRONG!!” Other nonsense yelling followed “Kenny is not my brother!” (which made no sense in any way) and some unintelligible words. I was backing up as he was coming toward me screaming and yelling. He then went off down the entryway sidewalk toward the bank, still yelling in a very angry/screaming way. I said nothing to him the whole time. I finished with the kitty and quickly went inside to report it to security.Oct 3rd '17
On Oct 3rd this person was standing in the entryway directly leading to the A building gazebo. A neighbor told me he had been warned by management to stay away after the Aug 31st incident. I walked in hoping the person would leave but he began to make unusual physical jerking movements and staring at me the entire time I was cleaning the kitty’s area. His movements became so erratic he even spooked the kitty and she ran back to her home. I tapped on the window to alert the security guard that I would be making another report for stalking and menacing and I felt unsafe even leaving the gazebo. I did get out and came into the back door where this person was coming down the hall from the front shouting/screaming and waving his arms around at me. He then shouted and screamed in the presence of security and my next-door and upstairs neighbors. I was advised by security to call the police so I did. He also came outside while I was waiting for the police and continued to act erratic screaming yelling waving his arms making aggressive movements toward me and thankfully a security guard was blocking him. This resulted in a harassment report from the police.Feb 20th '18
The person followed me into Fine Fare (grocery store) and came into areas where I was shopping. I was afraid enough to stay in the back of the store for a bit then started to go into the aisles. The person walked by the aisle at the front of it as I was coming up from the back and I stopped. He started to walk down and I called the name “Andre” which is a floor manager I know. The person stopped grabbed something as if shopping then walked out. This is someone who has proven they will have violent verbal and physically menacing attacks in front of witnesses. I do not feel safe near this person.
About a half hour later at my regular time of helping the building cat he was in the lobby. The windows of the lobby look right out into the area I where I take care of the cat. This is just another aspect of this person’s pattern of harassment/stalking.March 6th '18
I had gone into the citibank to withdraw some money for groceries and when I turned around the person was outside of the Citibank door on the sidewalk staring in at me. I came up to the door and he did not walk away but stayed looking. I took a video of him. He did not move. I couldn’t stay imprisoned in there all day so I came out and quickly went in the direction of the traffic cop by Rite Aid in case he tried anything. I made a long loop around from there to Delancey out of fear of being followed and back up Norfolk. I went right to management and they suggested at this point to go to the police since warnings from security, management, and the previous harassment report issued by police had not resulted in stopping this person. I went and the police took and they took the Stalking report.

Thanks. I have just sat down to dinner. So I will look this over and get back to you within a half hour or so. No need to sit and watch the computer screen. JustAnswer will notify you when I've posted.

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Customer reply replied 1 month ago
Take your time. I am so happy to finally get help! Have a great dinner :)

All done. Thanks for your patience.

These are good. I think your point comes across loud and clear. I'd be terrified under the same circumstances. I really wouldn't change a thing.

You've made it clear that his behavior is erratic and scary and that there are many such episodes. These are only the ones that are most outstanding. You've also made it clear also that you're on record with management, security and the police.

If they have bothered to assign detectives to this, it's because they believe they have probable cause to get this person charged. So I am confident you'll get your protective order.

Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 30,093
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Customer reply replied 1 month ago
Thank you for the vote of confidence. This is draining me. I want this over and if what I have written comes across to you then good it will come across to them I just needed reassurance. THANK YOU I'll wait a sec if you have any other advice then I'll close this question :)

I think you have your bases covered! I hope the order helps!

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Customer reply replied 1 month ago
Hello, just got the "checking in" email, I did rate you if I could have given you more stars I would have you helped me a lot. I left a review and a 20$ tip I hope you saw all of that.While I'm here I'll just mention I saw the detective on the case last night. He was confusing. He said he was confused by my summary (which you read), but then when I went to explain details he'd say "yes I read all of that". He did this more than once asking me to explain but then cutting me off saying he already "got the gist". All through I said the last name of the stalker he said he didn't know who I was talking about, said he thought that was the cat's name! All through my summary it said basically *last name* stalked me *last name* followed me etc. He downplayed when I said the guy came on to me saying "Sounds like compliments to me" It took all I had to just be calm and get through it. I am sincerely ***** ***** was a style he adopts and not his real way of being because if it is this went terribly. I mean there were hints (He said at the end "You wrote really well" !?!) he did know stuff but it was truly confusing and scary to think he might really be this bad. :( Wish me luck. He said he'd be calling the coop management soon and this morning I dropped off everything off with them that the cops have and GUESS WHO WAS IN THE HALL, yes the stalker. I hope this gets solved. Hope you are having a good night.

Hope it gets solved too, and yes, I did see that you rated me and that I got a bonus. The site sends out a lot of emails automatically and likely that's what you received.

I'll keep my fingers crossed for you!

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Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.

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