Blackmail question

[fabulous07]

Get a lawyer and be the first to tell this story. Do not threaten party 2 or antagonize them in anyway. Don't even let them know what you're doing. Just do it.

Do the right thing. You've probably been blaming yourself for too long. It's time to get it over with. It will probably feel so good to walk with a clear conscience again and I believe you are a victim. You don't have to be afraid anymore. Take control of the situation... I know what I am talking about.

 

[fabulous07]

well, i'm sorry, but it sounds like Party 1 doesn't have very good friends that would play a prank on her like that in the first place. Secondly, Party 1 has been black-mailed by Party 2 and used for so long, to protect him is retarded. Party 2 DOES NOT care about Party 1 at all, so why should Party 1 care about them.

Party 1 should stand up for herself and quit letting people walk all over and control her. She is protecting people that not only caused someone's death, but also is trying to profit from it, at Party 1's expense.

I guess if Party 1 is willing to protect the people responsible for this person's death, than maybe Party 1 is just as responsible. A man's six feet under, someone's child, they deserve to know why.

Party 1 keeps bad company and doesn't know who her friends are.... these are bad characters...

 

[fabulous07]

Party 1 should do the right thing and you should encourage her to do so... her ex-boyfriend sounds abusive and controlling. If you care about her, get her some help. There is ABW, abused and battered women. She needs to learn how to surround herself with good people and form healthier relationships.

You are who you hang with...

 

[CdwJava]

This would appear to be a case of manslaughter. A defense of justifiable homicide might be applicable, but it would not prevent the charge from being considered. As such, the SOL would be six years. (As a note, there is no criminal offense in CA with a straight 7 year SOL.)

However, as it can be argued that there has been an ongoing conspiracy to conceal the crime, the SOL may not toll even after 6 years.

Party 1 needs to come forward with this before it comes out in a light NOT so favorable to her. But, she needs to do it with the assistance of an attorney.

- Carl

 

[boatthirteen]

I agree with u, both of them are terrible friends. Party 2 is the worst human being i know, itd be a stretch to call him that. Hes also an immense coward. The reason i think she wouldnt push hard to punish Party 2 is that shes not a malicious person..shed be happy with just having him out of her life for good. The 'orchestrator' left the country after the incident, hasnt had much contact with Party 1 sinse. The only reason im posting here is to try and get some understanding of what could happen. Party 1 is such an amazing person, and i dont think i could stand seeing her imprisoned for something that was forced on her so unfairly like this. She says that she wouldnt deny what she did if it ever came to light, that shed accept the responsibility, which just attests more to the kind of person she is to me, and makes me even more fearful for a harsh sentence because of how long its been, and how little evidence there could be that the event played out as it did.

 

[fabulous07]

i see what you're saying that Party 1 is afraid that the other people would lie or deny the truth of what happened. However, the recordings of blackmail ruin Party 2's credibility and the orchestrator of course, would not want to implicate theirself. This is understandable not only to me but also to the police. IF party 1 was the one to come forward, it would make her the most credible because she didn't have to but also because she had nothing to gain from it. In fact, possibly putting herself at risk. Besides, Party 1 had no motive to want to kill the man which will be clear to authorities, because that is something they look for... the truth actually makes the most sense anyways.

Well, if Party 1 wants to continue to keep this a secret, my best advice would be move far away from Party 2 and don't let him know where she is. Start a life some place else...

 

[fabulous07]

In this case, no one is guilty of intentional murder, not even the orchestrator. I will get back to you after I look through the penal law and let you know what category this would fall under and what type of sentences it could carry... for now, I have to go to an appt. I'll be back tonight...

 

[CdwJava]

At the very least, this action is manslaughter. We would need more facts to determine whether or not the offense is murder as defined in the CA Penal Code (if it were, it would likely be second degree murder unless intent to commit murder can be identified). If indeed entirely unintentional, then the matter is one of manslaughter. Whether any legal justification applies is a question for the court as there is insufficient details here to make an attempt at such a determination. Assuming the OP is correct, then there may well be some mitigation. Maybe.

This is why Party 1 really needs to consult an attorney. If she fails to speak to an attorney, and this one day comes out, it may be too late for her to make a credible self defense argument.

- Carl