Tough question

[bigmark123]

Strange scenario...tough question

What is the name of your state (only U.S. law)? NY
This is a really tough question but I am hoping someone who knows the law can think out of the box and give me some advice. My scenario is strange to say the least. My ex girlfriend starting receiving weird letters through the post. It's been going on for some time now and the intensity of the letters is quite frightening. On average she receives one a day and this has been going on for several months now. The person sending them has gone out of their way to make it look like I am sending them. I have managed to prove to the police that I am innocent and have now managed to gather some evidence as to who is responsible. The problem is my ex girl friend refuses to open a criminal case with the police regarding this matter and I really want the guilty party apprehended. Are there any grounds on which I can open a criminal case with the police?

 

[Just Blue]

United States Law Only.

 

[bigmark123]

Under US law would there be any grounds for me to get the police to open a criminal case?

 

[Just Blue]

Under US law would there be any grounds for me to get the police to open a criminal case?

We do not do homework, nor do we hypothesize. If you have a question for a U.S. STATE, post the name of said state.

 

[HighwayMan]

If you have a question for a U.S. STATE, post the name of said state.

OP apparently went back and edited his original post.

In New York State this is Aggravated Harassment. I highly doubt you'll get a prosecutor to do anything with this since you're not the victim, unless you argue that you were harassed by the fact the sender pretended to be you but that's a long shot.

The only thing you could do is go TRY to make a police report and see what happens, or if you live in a small municipality you can try to speak to a prosecutor in your local court and see what your chances are.

 

[bigmark123]

Hi there, sorry New York

 

[justalayman]

Hi there, sorry New York

If the girl does not see it as a crime, then it isn't a crime. You have apparently been cleared (how or why that would have been done since you say the GF will not report it as a crime I have no idea) so you have no issues here.

 

[bigmark123]

Thanks for that advice. Like I said it's a completely weird scenario. Someone has invested a huge amount of time and effort in trying to frame me for something that has nothing to do with me. I am just struggling to determine what offence exactly has been committed against me. I can't call it defamation so not sure what else to call it. All very strange....

 

[HighwayMan]

What is the name of your state (only U.S. law)?I have managed to prove to the police that I am innocent...

Didn't think about it before...

So your ex made a complaint against you but is refusing to make a complaint against this other guy? Why are YOU worried about this?

 

[bigmark123]

I am really concerned that someone out there dislikes me this much that they would go to such exhorbitant lengths to set me up. Everyone I have spoken to reckons it's a woman sending the letters. General consensus is a man would send one or two and get bored of the whole thing. Am I correct in saying that a prosecutor can force the police to open a case?

 

[HighwayMan]

Am I correct in saying that a prosecutor can force the police to open a case?

No, you are not correct. That is not the way the system works.

Initially you said you knew who did this and had evidence. Now you sound as if you have no idea who it is - this is not likely to get you anywhere.

 

[bigmark123]

I have had an ongoing problem with a woman who stalked me. I have a restraining order in place. The information revealed in the letters about me is stuff she knows. Anyway I do appreciate the advice. I just thought if a prosecutor could open a case I might get lucky and get to meet one who might be having a good day and felt like helping me. Am just worried what this person might do next and thought it best to try and deal with it head on

 

[HighwayMan]

Having an order of protection against an individual is no proof that that person is doing anything in this case. That's the only "evidence" you have??

After reading the statute, this mystery person may be guilty of Criminal Impersonation, 2nd degree - it would depend alot on who prosecutes this case.

The ONLY thing you can do at this point is to contact the police and attempt to make a report. Do you have these "letters" in your possession?

 

[Just Blue]

I have had an ongoing problem with a woman who stalked me. I have a restraining order in place. The information revealed in the letters about me is stuff she knows. Anyway I do appreciate the advice. I just thought if a prosecutor could open a case I might get lucky and get to meet one who might be having a good day and felt like helping me. Am just worried what this person might do next and thought it best to try and deal with it head on

Is the info JUST "stuff she knows". Do ANY others "know" this "stuff"? What is this "stuff"?

 

[proud_parent]

OP apparently went back and edited his original post.

The cynic in me suspects that OP chose the name of the first US state he could think of when pressed.

How many New Yorkers do you know who would use the phrase "through the post" instead of "in the mail"?