My question involves criminal law for the state of: New Jersey
Hello!
Recently I have resigned from my place of employment. Upon my leaving, I cleared files from my desktop and recycling bin that my now previous employer has determined were a loss to them. Mind you, this was not done with malicious intent. I had done so as what I thought was a courtesy to whomever had to go through my machine. Today I received a letter demanding $1500 in damages, off set by the amount of my final paycheck the employer has informed me they would not send to me as they were holding it until they were "done suing for damages". There is a remaining balance of just north of $800.00.
In this letter it states my accused actions will lead to a criminal case, not a civil case. They are demanding $1500 in damages, to be mitigated by the amount of my paycheck they have held from me, leaving a balance of roughly $845 owed. They have made the following statement verbatim in this letter (note my name, as well as the employers name are removed to protect privacy)...
"Mr. Blank, I expect full payment of $845 paid to us, and to be received at the Blank office by 5:00PM ET on Tuesday February 24, 2015. If received, we will drop this issue with you. If we do not receive that amount by that date, we will contact the Blank Township Police and file a complaint against you for Criminal Sabotage. Once that happens, the wheels of the legal system will be put into motion and we will not be able to withdraw the complaint."
So the questions here are the following:
-Is this letter some type of civil demand?
-Does this mean this person is giving up their right to press criminal charges by taking such monies from me, and will this also mitigate any civil suit for the damages as they would be paid as set forth by this letter?
-Could they still file a civil suit against me if they wanted to?
-Lastly, if paying this person as they requested instead of having criminal charges filed will truly prevent me from being charged with this crime, what type of letter should I draft and send along with payment? Or, would it be best to seek out and have an attorney handle that for me?
Thank you in advance for your responses, as always!
Hello!
Recently I have resigned from my place of employment. Upon my leaving, I cleared files from my desktop and recycling bin that my now previous employer has determined were a loss to them. Mind you, this was not done with malicious intent. I had done so as what I thought was a courtesy to whomever had to go through my machine. Today I received a letter demanding $1500 in damages, off set by the amount of my final paycheck the employer has informed me they would not send to me as they were holding it until they were "done suing for damages". There is a remaining balance of just north of $800.00.
In this letter it states my accused actions will lead to a criminal case, not a civil case. They are demanding $1500 in damages, to be mitigated by the amount of my paycheck they have held from me, leaving a balance of roughly $845 owed. They have made the following statement verbatim in this letter (note my name, as well as the employers name are removed to protect privacy)...
"Mr. Blank, I expect full payment of $845 paid to us, and to be received at the Blank office by 5:00PM ET on Tuesday February 24, 2015. If received, we will drop this issue with you. If we do not receive that amount by that date, we will contact the Blank Township Police and file a complaint against you for Criminal Sabotage. Once that happens, the wheels of the legal system will be put into motion and we will not be able to withdraw the complaint."
So the questions here are the following:
-Is this letter some type of civil demand?
-Does this mean this person is giving up their right to press criminal charges by taking such monies from me, and will this also mitigate any civil suit for the damages as they would be paid as set forth by this letter?
-Could they still file a civil suit against me if they wanted to?
-Lastly, if paying this person as they requested instead of having criminal charges filed will truly prevent me from being charged with this crime, what type of letter should I draft and send along with payment? Or, would it be best to seek out and have an attorney handle that for me?
Thank you in advance for your responses, as always!
Computer Crime: Demanding Payment Instead of Filing Criminal Charges
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