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Threatening a witness

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werner69

Member
What is the name of your state (only U.S. law)? Florida, Illinois

I have a civil case in Florida. I was sued based on an oral agreement. The case is taking already 2 years and the guy sueing me is getting nervous. I have a laywer from Chicago who is dealing with all my contracts and issues. He is my most important witness that there is no oral agreement. As the guy was getting nervous he sent theatening txt messages to my lawyer in Chicago. "The wors tda in your live was when you met me" and " I know you peace of **** would not reply" "I have other plans for you" So.... really threatenig. My lawyer reported to police and they deal with it as an "harassment by electronic means". Is it really just a harassment? Isn´t that threatening more serious? What should I do?
 


quincy

Senior Member
What is the name of your state (only U.S. law)? Florida, Illinois

I have a civil case in Florida. I was sued based on an oral agreement. The case is taking already 2 years and the guy sueing me is getting nervous. I have a laywer from Chicago who is dealing with all my contracts and issues. He is my most important witness that there is no oral agreement. As the guy was getting nervous he sent theatening txt messages to my lawyer in Chicago. "The wors tda in your live was when you met me" and " I know you peace of **** would not reply" "I have other plans for you" So.... really threatenig. My lawyer reported to police and they deal with it as an "harassment by electronic means". Is it really just a harassment? Isn´t that threatening more serious? What should I do?
Is the guy who sent the threatening message located in Chicago or somewhere else in Illinois? Or is the guy who sent the threatening message located in Florida?
 

latigo

Senior Member
What is the name of your state (only U.S. law)? Florida, Illinois

I have a civil case in Florida. I was sued based on an oral agreement. The case is taking already 2 years and the guy sueing me is getting nervous. I have a laywer from Chicago who is dealing with all my contracts and issues. He is my most important witness that there is no oral agreement. As the guy was getting nervous he sent theatening txt messages to my lawyer in Chicago. "The wors tda in your live was when you met me" and " I know you peace of **** would not reply" "I have other plans for you" So.... really threatenig. My lawyer reported to police and they deal with it as an "harassment by electronic means". Is it really just a harassment? Isn´t that threatening more serious? What should I do?
Your lawyer is a witness that is to testify on your behalf?

Surely you are not speaking of your trial lawyer. Or are you?
 

werner69

Member
Your lawyer is a witness that is to testify on your behalf?

Surely you are not speaking of your trial lawyer. Or are you?
He has to testify that there cannot be any oral agreement. He is Trustee. The guy sending the txt messages is from Florida. I also live in Florida. The case is in Florida.
But my witness (lawyer) is from Illinois.

The lawyer is handling all my contracts,.... and is also trustee of one trust
 

quincy

Senior Member
He has to testify that there cannot be any oral agreement. He is Trustee. The guy sending the txt messages is from Florida. I also live in Florida. The case is in Florida.
But my witness (lawyer) is from Illinois.

The lawyer is handling all my contracts,.... and is also trustee of one trust
Threats made from someone in one state to someone in a distant state are generally not going to be taken as seriously as threats where both the threatened and the threaten-er reside in the same state. With the former, there is less of a chance that the threats can or will be carried out.

That said, sending threatening messages to anyone is a crime.

In Illinois, sending threatening text messages falls under Article 26.5 of the Criminal Code, Harassing and Obscene Communications. The following link provides the "harassment through electronic communications" law, 720 ILCS Section 26.5-3: http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=1876&ChapterID=53&SeqStart=74600000&SeqEnd=75300000

I do not see that there is anything you need to do at this point. Your attorney/witness has reported the messages he received to the police, as he should have.
 
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werner69

Member
Threats made from someone in one state to someone in a distant state are generally not going to be taken as seriously as threats where both the threatened and the threaten-er reside in the same state. With the former, there is less of a chance that the threats can or will be carried out.

That said, sending threatening messages to anyone is a crime.

In Illinois, sending threatening text messages falls under Article 26.5 of the Criminal Code, Harassing and Obscene Communications. The following link provides the "harassment through electronic communications" law, 720 ILCS Section 26.5-3: http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=1876&ChapterID=53&SeqStart=74600000&SeqEnd=75300000

I do not see that there is anything you need to do at this point. Your attorney/witness has reported the messages he received to the police, as he should have.

Thank you for your answer. My goal is to dismiss this ridicoulous made up civil case in Florida. So now he is threatening a witness who was about doing his deposition in Florida. Isn´t there a difference in harassment through electronic communications and doing it to a witness. I mean now the witness is frightened and won´t do the deposition now. Why should he risk anything. So it influenced the whole case......
 

quincy

Senior Member
Thank you for your answer. My goal is to dismiss this ridicoulous made up civil case in Florida. So now he is threatening a witness who was about doing his deposition in Florida. Isn�t there a difference in harassment through electronic communications and doing it to a witness. I mean now the witness is frightened and won�t do the deposition now. Why should he risk anything. So it influenced the whole case......
Your attorney/witness in Chicago is so afraid of a text-message threat from Florida that he will not now provide a deposition? Your attorney can be compelled to do so. He knows that. And he does not have to appear in Florida for the deposition.

You should perhaps speak with an attorney in Florida for a review of all facts to see if it is possible to meet your goal of having your case dismissed. It is hard through posts to a forum to know what exactly is going on in your civil action to advise you properly.

Good luck.
 

werner69

Member
Your attorney/witness in Chicago is so afraid of a text-message threat from Florida that he will not now provide a deposition? Your attorney can be compelled to do so. He knows that. And he does not have to appear in Florida for the deposition.

You should perhaps speak with an attorney in Florida for a review of all facts to see if it is possible to meet your goal of having your case dismissed. It is hard through posts to a forum to know what exactly is going on in your civil action to advise you properly.

Good luck.

I know it is hard. It is a 17mil case. This is why the lawyers do not want the case to be dismissed. I paid already 140k.... But now that it is becoming criminal I hoped it would be easier. Everything is just a big scam. His Lawyer already left him so he had to find a new lawyer. He hoped we would settle and ran out of money. He is just a big thief.
 

quincy

Senior Member
I know it is hard. It is a 17mil case. This is why the lawyers do not want the case to be dismissed. I paid already 140k.... But now that it is becoming criminal I hoped it would be easier. Everything is just a big scam. His Lawyer already left him so he had to find a new lawyer. He hoped we would settle and ran out of money. He is just a big thief.
Although I think the advice offered on this forum is generally really good, when you are involved in a $17 million case, you should be seeking help from your own attorney(s) instead of seeking help on an advice forum.

The attorney in Chicago can be deposed and the text threats should not play much of a role. The police in Illinois will handle the criminal aspect.

Good luck, werner69.
 

perlet123

Junior Member
Charge for threatening a witness.

To convict you of a threatening witnesses charge, the police must prove each of the following matters beyond a reasonable doubt:

-You did or caused, or threatened to do or cause, any injury or detriment to any other person.
-It was done with the intention of influencing any person not to bring material information about an indictable offense to the attention of a police officer or other appropriate authority.

They will also need to prove that you were the person who committed the threatening witnesses offense.
 

Proserpina

Senior Member
To convict you of a threatening witnesses charge, the police must prove each of the following matters beyond a reasonable doubt:

-You did or caused, or threatened to do or cause, any injury or detriment to any other person.
-It was done with the intention of influencing any person not to bring material information about an indictable offense to the attention of a police officer or other appropriate authority.

They will also need to prove that you were the person who committed the threatening witnesses offense.

You didn't bother to actually read the posts, did you?
 

quincy

Senior Member
To convict you of a threatening witnesses charge, the police must prove each of the following matters beyond a reasonable doubt:

-You did or caused, or threatened to do or cause, any injury or detriment to any other person.
-It was done with the intention of influencing any person not to bring material information about an indictable offense to the attention of a police officer or other appropriate authority.

They will also need to prove that you were the person who committed the threatening witnesses offense.
"They" will have a hard time proving werner69 committed any offense, perlet123. Because he didn't.

The police in Chicago are apparently handling the sending of the text to the attorney under the Illinois "Harassing and Obscene Communications" statute. A link to this law was already provided.

If the person who sent the threatening message (NOT werner69) was to be charged in Florida, it is possible that he could be charged under the "Tampering with or harassing a witness" statute (Florida Statute §914.22): http://www.flsenate.gov/Laws/Statutes/2011/914.22

The police, as a note, will not be doing any of the "proving." That is up to the prosecutor if the prosecutor decides to pursue any charge.
 
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