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Harassment, Threats, and Stalking...

  • Thread starter Thread starter Miguel
  • Start date Start date

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M

Miguel

Guest
I need some legal advice on what to do on the following situation. I live in Florida, and am 19 years old.

I have a female friend, we are just friends, whom I have known for 3 years, and for the past year we have rarely spoken (neither has there EVER been a romantic relationship). She has since, recently in the past 6 months, gotten a new Boyfriend, whom dislikes me greatly, even though I have only seen him once.

Basically, I occasionally call her, as friends do. He found out about one time, and called my home, and threatened to kill me, and my family. He also used numerous racial slurs and such and every other word was profane. I warned him to never call again and a complaint would result if he did. Several weeks passed, and I made a followup call to her home, as I heard she wanted to speak with me. I did, and it turned out her boyfriend was there. He snatched the phone from her, and began threatening me again, saying he was going to kill me, and my family, and that he had weapons, etc. And that he knew where I lived and that he was going to come after me. I know for a fact, him, his girlfriend, and the girlfriend's brother were all present at her home, while he was threatening me on the phone. I once again, warned him that a complaint, or perhaps greater charges would be filed with the authorities if he did not stop, and recant, and he expressed how he "Really didn't care." I shrugged it off, but planed on filing a complaint on Monday. (Keep in mind I rarely was able to talk back, since he wouldn't ever SHUT UP)

The Next morning I discovered my car had been keyed. Quite ironic I thought. Later that night I was at my church and they were having an Early 4th of July Celebration (Last night/July 2). I spoke with a police officer there and told him what was happening and asked his suggestion, and he suggested filing a complaint, which I did plan on doing in the morning. I went home from the church event, and was getting some things together as to meet up with some friends for a late night get together (it was about 10pm). When I was leaving my subdivision/neighborhood I saw a truck (note, I have never seen his truck before) that looked suspicious and fit the description of his truck which I had heard from his Girlfriend and several other friends. It quickly did a U turn when it saw me and sped off, but it waited for me at the stop sign at the end of the road and I got down the tag number. Once we hit the main highway he pulled up next to me and begin giving me inappropriate gestures (flicking me off) and saying he was going to kill me, and that I was going to die. With me in my car, was my Sister and her Best friend, both were hysterical. He swerved at my vehicle several times, causing me to fall off the road. Then he floored it, cutting in front of me, almost clipping the front end of my vehicle, then slammed on his breaks. I called 911 on the cellphone, they instructed me to drive to the police station, the Guy apparently saw me on the phone and laid off, speeding away. The Plate number ended up not matching the vehicle (which the officer said 'happens a lot'), although I am positive I know the individual. I have his name, detailed description of his vehicle, and a description of his appearance.

Right now I am sitting here with a complaint form, not sure what to do or where to go from here in the legal stand point. The officer said this would open a case and he would investigate it, and the forms/complaint would be sent off to the State's Attorny. I've never had to do anything in regards to the police before, but i fear for my life. I'm also afraid of this guy some how trying to turn it around on me by lying. Is that possible? The only times I've ever spoken WITH him were the times he called me, and the time I called his girlfriend and he snatched the phone, forcefully out of her hand. I have NEVER met him in real life, except for that 1 time I saw him for but a second. Nor have I ever talked to him, except to a few friends to find out who he is and the vehicle he drives.

SO what should I do from here? Will the police actually be able to protect me? Will anything actually be able to come from this? I'm afraid that if I pursue this he may seriously come after me and harm me or my family. What possible avenues should I take? And what are the possible outcomes? Isn't a Vehicle a Deadly weapon and wasn't he trying to assault me? Also, how well will me, my sister, and her friend, as witnesses hold up in court to him (with no passengers) attempting to run me off the road/kill me?

Any help would be apprciated. Thank you so much and God Bless.

[This message has been edited by Miguel (edited July 03, 2000).]

[This message has been edited by Miguel (edited July 03, 2000).]

[This message has been edited by Miguel (edited July 03, 2000).]
 


T

Tracey

Guest
You've started out the process properly. Gather all your witnesses together & apply for a restraining order against the guy. You'll need to identify him. Police should have him in for a lineup fairly quickly. If they don't, ask then they will. He has already stated that he doesn't care about what the cops say, so he'll probably ignore it. When he does, he goes to jail even if he hasn't committed a separate crime. Get caller ID & start taping any phone calls with him. (If you're feeling brave, call your friend & when he grabs the phone, say "I'm recording this call" & hit the memo button. Don't worry if he's yelling when you say it. He still has notice of taping. Save the tape.) You might also set up a video camera on your car from your window, if you can.

Keep your cell phone with you at all times & call 911 at the first sign of trouble. You might also want to stay with a friend for a few days & park your car in someone's garage & borrow a spare vehicle.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.
 
M

Miguel

Guest
Tracy, Thank you so much for your taking the time to read through my situation and giving me the advice.

Quick question, do I have enough evidence so far to actually put him away? And if so, what kind of charges do you think would come of this? I'm still very worried about this whole stituation, with him still out on the streets and all. I've currently purchasing a "low light" camera to install outside, and I'm arranging to stay with a friend till things clear up. As for the car, i'm thinking of perhaps exercising my car insurance for a rental due to the damage already done and the danger I feel for my life. Thanks again! God bless!
 
T

Tracey

Guest
You could file for a restraining order tomorrow if you wanted. You could probably even get it. However, I don't know that it's a good idea. First, he obviously will ignore it & you'll just make him madder at you. Second, obtaining a restraining order may hurt your criminal death threat & assault with a car cases. To convict him, the State will have to prove that HE uttered the threats and that he was the one driving the truck that ran you off the road. The State can do this only if you can identify him. If you drag the guy into court for a restraining order hearing, his defense attorney will argue that the RO hearing tainted your identification of him & that your ID should not be allowed in the criminal trial. (You were predisposed to 'recognize' him because you knew he was the guy subpoenaed.) See the problem? If your ID is thrown out, he can't be convicted. However, if you wait until the police drag him in for a lineup or show you photos before applying for the RO, his attorney can't argue that the hearing tainted your ID for purposes of the criminal trial. This argument may be a red herring, but I'd certainly run it past the judge if I was defending that skel. Why take chances when you can just hide for a few days? Talk to the DA and ask if applying for a RO could hurt the criminal case.

Also, if he's arrested, one of the conditions of his bail will be NO CONTACT with you at all. If he violates that provision, he goes to jail until trial. You get the RO for free.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.
 

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