Looking for some advice

[Redfish62 1]

The last few months have been pretty trying with a family matter that has been going on. Up until now I have been trying to stay out of it but recently a situation happen that caused me to loose my temper. The problem is between my brother and youngest sister and the other day it got to the point that he is having his wife and in-laws harass her. I made a very stupid call to his office and said some very nasty things but never threaten him. I did say that if he does not put a stop to it that I am willing to meet him and his brother in-laws anywhere they like and they can try to do the same thing to me. Today a get a summons in the mail to report to court for harassment to him and his family. The charge is 2C: 33-4A and I am not sure what to do. Do I need a lawyer or is this something I should just show up for on my own?

[Babaganoosh 192]

Lawyer Lawyer Lawyer Lawyer Lawyer, and if I didn't say it enough. Lawyer.

 

We all hate em but sometimes they are the only choice.

[CageFighter 236]

kiss his a** until he drops the charges & then stay out of it! i personally wouldnt want to do anything to revoke my firearm privledges.

[Maksim 1,504]

Do you have prepaid legal as a work benefit? If so, lawyer.

 

Otherwise, try to work it out... you just dont want to escalate it unless you have to.

[tony357 386]

Does it name his atourney ?

 

can you post the 2c:33-4a cant seem to pull it up.

[maideneddie 35]

kiss his a** until he drops the charges & then stay out of it! i personally wouldnt want to do anything to revoke my firearm privledges.

+1 Try to work it out amicably, and let sleeping dogs lie. No sence opening Pandoras box on yourself if you don't need to.

[e80hydro 120]

+1 Try to work it out amicably, and let sleeping dogs lie. No sence opening Pandoras box on yourself if you don't need to.

 

 

+2 Just be careful contacting these people again on your own because they could use that to reinforce their harrasment complaint. Have an attorney send them a letter asking if this matter can be resolved amicably.

[PK90 3,570]

Complaint is signed by him? Then:

1. Countersign harassment charges.

2. His word against yours.

3. No court. Community Dispute Committee?

4. Slap on hand. Bad boy. Don't do it again. Stay away from each other.

[Redfish62 1]

Complaint is signed by him? Then:

1. Countersign harassment charges.

2. His word against yours.

3. No court. Community Dispute Committee?

4. Slap on hand. Bad boy. Don't do it again. Stay away from each other.

My problem is he recorded the phone call.

[StephanieSeven 70]

Lawyer. Mitchell Ansell. The only criminal attorney I'd ever use. I've known him for years and have seen him defend and prosecute countless times.

 

http://www.ansellzaro.com/

[vladtepes 1,060]

My problem is he recorded the phone call.

 

 

is he even allowed to do that without your permission?

 

it is unfortunate because what PK90 stated would more than likely work.. I was involved in a fight at my old job about 12 years ago where I was jumped by 2 guys over "girlfriend nonsense".. I fought back and my work made me press charges.. they in turn pressed charges.. the court in turn explained that we were both likely partially at fault and we could run the process through or we could both drop our charges.. we both dropped them and the situation that day.. never had issue with him after that..

[e80hydro 120]

is he even allowed to do that without your permission?

 

 

 

Yes, he can record a phone conversation and use it as evidence as long as he was in the conversation. He can also use a recorder in an open discussion.

[vladtepes 1,060]

Yes, he can record a phone conversation and use it as evidence as long as he was in the conversation. He can also use a recorder in an open discussion.

 

 

curious more than anything... I thought there were rules to recording phone calls without everyone being aware.. learned something new today!

[Maksim 1,504]

curious more than anything... I thought there were rules to recording phone calls without everyone being aware.. learned something new today!

 

 

That was my understanding, some states being a 2 party consent?

[vladtepes 1,060]

New Jersey

 

It is a crime to purposely intercept any wire, electronic, or oral communication. It is also a crime to disclose or use the contents of any wire, electronic, or oral communication, knowing or having reason to know that the information was obtained unlawfully. N.J. Stat. § 2A:156A-3. However, if the contents of the communication have “become public knowledge or public information,” then the disclosure is not a crime N.J. Stat. § 2A:156A-3.

 

The statute makes an exception and allows interception if the person intercepting is a party to the communication, or if one party has given prior consent, unless such communication is intercepted for the purpose of committing any criminal or tortious act. N.J. Stat. § 2A:156A-4. The fact that one subscriber to a particular telephone has consented does not authorize interception of conversations by other parties who use that telephone. N.J. Stat. § 2A:156A-4.

 

Civil liability for unlawful interception or disclosure can be imposed for the greater of actual damages, $100 per day of violation $1,000, and can include punitive damages, attorney fees, and litigation costs. N.J. Stat. § 2A:156A-24.

[e80hydro 120]

curious more than anything... I thought there were rules to recording phone calls without everyone being aware.. learned something new today!

 

 

I did it with the legal advice of my attorney several years ago during a nasty domestic violence/divorce situation. The contents of the recordings were presented to the judge and she was booted out. It saved my butt and I got the kids.

 

Not all the states are the same. New Jersey allows it. Other states it is a criminal offense.

[Downr@nge 22]

First GET A LAWYER ASAP or you run the risk of being Lautenberged! Two, any recording he makes CANNOT be used against you without your permission to record your voice UNLESS you called a line and it said one of those generic messages like "this phone call may be recorded for safety assurances yada yada yada."

 

I CANNOT STRESS ENOUGH TO GET A LAWYER ASAP!!!!

[e80hydro 120]

First GET A LAWYER ASAP or you run the risk of being Lautenberged! Two, any recording he makes CANNOT be used against you without your permission to record your voice UNLESS you called a line and it said one of those generic messages like "this phone call may be recorded for safety assurances yada yada yada."

 

I CANNOT STRESS ENOUGH TO GET A LAWYER ASAP!!!!

 

New Jersey

 

It is a crime to purposely intercept any wire, electronic, or oral communication. It is also a crime to disclose or use the contents of any wire, electronic, or oral communication, knowing or having reason to know that the information was obtained unlawfully. N.J. Stat. § 2A:156A-3. However, if the contents of the communication have “become public knowledge or public information,” then the disclosure is not a crime N.J. Stat. § 2A:156A-3.

 

The statute makes an exception and allows interception if the person intercepting is a party to the communication, or if one party has given prior consent, unless such communication is intercepted for the purpose of committing any criminal or tortious act. N.J. Stat. § 2A:156A-4. The fact that one subscriber to a particular telephone has consented does not authorize interception of conversations by other parties who use that telephone. N.J. Stat. § 2A:156A-4.

 

Civil liability for unlawful interception or disclosure can be imposed for the greater of actual damages, $100 per day of violation $1,000, and can include punitive damages, attorney fees, and litigation costs. N.J. Stat. § 2A:156A-24.

[Redfish62 1]

It was not my brother that recorded the call. He put me on speaker phone and his brother in-law recorded the call with his cell phone. They then copied it to a tape and gave that to the police department. This is what he told me when I just called to ask him to drop the case. He said he had to think about it and would let me know.

[GoNRA 12]

n/m not politically correct what i have to say so i'll not say anything. I guess get a lawyer and bend over to the system that screws people so well, then afterwards let em know what pussies they are for taking you to court instead of taking the **** to your face or even talking about it like adults.

[maideneddie 35]

It was not my brother that recorded the call. He put me on speaker phone and his brother in-law recorded the call with his cell phone. They then copied it to a tape and gave that to the police department. This is what he told me when I just called to ask him to drop the case. He said he had to think about it and would let me know.

Hopefully you guys can make ammends and put this behind you. Sucks that this has to be between you and your brother...but at least the line of communication has been opened, best of luck man.

[BRaptor 68]

I got curious and looked up the statute.

 

2C:33-4. Harassment.

 

Except as provided in subsection e., a person commits a petty disorderly persons offense if, with purpose to harass another, he:

 

a.Makes, or causes to be made, a communication or communications anonymously or at extremely inconvenient hours, or in offensively coarse language, or any other manner likely to cause annoyance or alarm;

 

If I were the lawyer, I would focus on the "with purpose to harass another" part. Of course, the stautes don't define what constitutes purpose to harass, so it's down to case-law. I wish you luck with this. I would strongly recommend a lawyer, there's a lot on the line and this isn't just a straight-shot (per se violation) thing like a speeding ticket.

[bry@n 195]

I have to say the fact that your brother charged you with this says a lot about him. I don't get along with my brother much but I don't think he's stupid enough to pull a stunt like this. I kicked more a** because of my brother than I needed to for my own bull crap.

 

I can't believe a family matter escalated this far. I would just stay clear of him and not kiss his a** at all. That will just give him a reason to fles his chest. Deal with what comes your way and lawyer up if need be.

 

I would be more concerned at the fact that your brother is harassing your sister and files a complaint against his own brother.

[vjf915 456]

It was not my brother that recorded the call. He put me on speaker phone and his brother in-law recorded the call with his cell phone. They then copied it to a tape and gave that to the police department. This is what he told me when I just called to ask him to drop the case. He said he had to think about it and would let me know.

 

I am no lawyer, but it seems to me that your brother violated this:

 

The statute makes an exception and allows interception if the person intercepting is a party to the communication, or if one party has given prior consent, unless such communication is intercepted for the purpose of committing any criminal or tortious act. N.J. Stat. § 2A:156A-4. The fact that one subscriber to a particular telephone has consented does not authorize interception of conversations by other parties who use that telephone. N.J. Stat. § 2A:156A-4.

 

Your intent was to call YOUR BROTHER......not your brother and his brother in-law. It seems to me that since you were under the impression that you were speaking directly and only to your brother, yet he put you on speaker phone without informing you, so that SOMEONE ELSE could record the conversation, he broke the law. My advice is to lawyer-up as well.

[e80hydro 120]

I am no lawyer, but it seems to me that your brother violated this:

 

 

 

Your intent was to call YOUR BROTHER......not your brother and his brother in-law. It seems to me that since you were under the impression that you were speaking directly and only to your brother, yet he put you on speaker phone without informing you, so that SOMEONE ELSE could record the conversation, he broke the law. My advice is to lawyer-up as well.

 

 

I was thinking the same at first, but his brother was still the one who turned the recording in. That law was written to protect two people from a third party intrusion.

 

In this day and age, most people are carrying a cell phone, some are just looking to be offended by someone or something, so you have to always be careful what you say or do. I have a neighbor who had a cup of coffee thrown on her car one evening (a drive by). A week later she had two surveilance camera's installed on the front of her house . I'm not really sure what she's surveiling, but I guess it makes her feel better.

[Radek 73]

I have to say the fact that your brother charged you with this says a lot about him. I don't get along with my brother much but I don't think he's stupid enough to pull a stunt like this. I kicked more a** because of my brother than I needed to for my own bull crap.

 

I can't believe a family matter escalated this far. I would just stay clear of him and not kiss his a** at all. That will just give him a reason to fles his chest. Deal with what comes your way and lawyer up if need be.

I would be more concerned at the fact that your brother is harassing your sister and files a complaint against his own brother.

 

That's the part that really sucks. Siblings fight all the time, but law-suits are an abnormal behavior.

 

I think lawyering up is blowing it out of proportion, unless your conversation involved much more (e.g., severe threats) than just concern for your sister. If there is nothing incriminating in what you said, then do appear in court and prepare a written statement (indicating your concern for sister, etc.). Also, taking a written statement from your sister (about what the folks did to her) would be very helpful. A reasonable judge will be sympathetic to you. Don't kiss your brother's a**.

 

A counter-argument would work (like PK90 said), provided you didn't threaten him in a recorded conversation. btw. Any idea why there was a your brother-in-law at the other end? How did they know you would be calling? ...

[average joe 5]

When you appear in court with a lawyer, the sea parts for you, without one, you will drown in regret. You only get one chance in front of a judge, make it a good one. Get a lawyer.

[bry@n 195]

any update on this? did your brother drop the charges?

[tony357 386]

any update on this? did your brother drop the charges?

 

If he did this to him WTH is he doing to his sister, get a lawyer and kick his butt..