Other Offenses: Falsification/Tampering with Evidence and Falsely Reporting an Incident

jeudi 19 mars 2015

My question involves criminal law for the state of: New York (not NYC)



An individual filed 3+ reports on me, of which at least 3 contain manufactured texts, depicting direct threats, or claims of me threatening another individual through the accuser. Harassment in the 2nd originated on the basis of the first report and a manufactured text-threat the accuser claimed to have received from myself, but the report was drafted under the subsection of "conduct", not "communication". The proceeding 2nd charge resulted in Agg. Harassment in the 2nd, and this charge was filed under subsection 1, "commnication". The 3rd police report never resulted in a charge.



The cited text per report #2 was not depicting a direct threat. It was a manufactured text by the accuser, stating that I threatened someone else through the accuser.



The cited text per report #3 is manufactured as well, depicted to have come from me. It's not a threat, but a text that claims I threatened another person other than the accuser.



Under what New York State (not NYC) penal codes can I report this person under, in regards to falsified and manufactured texts/evidence? I believe only N.Y. PEN. LAW § 215.40 and N.Y. PEN. LAW § 240.50 apply. If these are the only penal codes I may be able to persecute/charge this person under, can I apply both penal codes per my reports against them, per their reports they made on me? The charges were a result of the text messages, and further more the texts that originated the charges were manufactured by the accuser.



I met with lawyers to defend myself & did so successfully in regards to a plea. They advised me not to pursue this person on basis of their falsified allegations/reports, because it could cause their allegations to flare up again (I really don't care - they need to be served justice. I am more than ready for round #2 - myself and my automobile are irrefutably tracked via GPS devices and I have taken steps with my communications to ensure that any further falsification from me can be irrefutably proven to be false). I was also advised by attorneys that the DA will not pursue falsification/tampering of evidence & false police reporting. I have not presented evidence to police yet in order to attempt charging them.



I took a plea deal to clear myself of potential liability on 2 reports (my attorney advised me the trial would be testimony based - they had a fleet of fake, willing witnesses) but have substantial proof that this person created fake texts on my behalf, 1 of which was a serious, manufactured life-threat, depicted to have originated from myself, sent to the accuser.



Are there any other charges I can attempt to pursue this person under, and if so what are the penal codes? I need this information because I found out the city police are dummies & they don't know left from right, none the less what types of laws exist on the books (they mischarged me on one report regarding the above). If I don't have the proper info to present them with, they may not know what to charge the accuser with.





Thanks.





Other Offenses: Falsification/Tampering with Evidence and Falsely Reporting an Incident

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