Based in Albany, we handle harassment cases in
the greater Capital Region:
Our firm has handled quite a few aggravated harassment cases. These
cases are often difficult to prosecute.
The typical case we see comes under Aggravated Harassment in the
Second Degree, which is Section 240.30 of the Penal Law. It is an A
misdemeanor, just short of a felony. Usually the defendant is accused
of threatening or annoying the "victim" through phone calls or e-mails.
Lately the use of text messages and social networking sites has come
into play.
One problem for the prosecution is that the victim is rarely
innocent, often having made a number of calls to the defendant. Most
police use their judgment and refuse to charge these cases. But once in
a while they do.
Another problem that arises frequently is the distant defendant, who
may be far away, even in another state. They weren't in the location
where the charge is filed. A lot of people are uncomfortable with that.
It also creates a practical problem - serving papers on the defendant.
In one case we had, the defendant lived in a distant state and had
never been to New York at all. The police mailed the charge to the
defendant, which is not a proper form of service (they have to
physically hand you the papers). The police and prosecution will
generally not waste resources trying to extradite such a defendant.
Even within the state, if it's a long distance it rarely makes sense to
travel that far for what's really a minor and difficult-to-prove crime.
Prior results do not guarantee a similar outcome.
Our minimum fee for an aggravated harassment case is at least $1500
up front. That's to make a deal. It's $5000 up front to fight, and that
does not include the cost of trial if it becomes necessary.
A person answers our phone.
888-733-5299
255 Washington Ave Ext., Suite 108, Albany, NY, 12205
Fax: 518-862-1551 wredlich@gmail.com
The Redlich Law Firm
©2009 Warren Redlich, Esq. |
