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What to do if a da is telling the police force not to enforce a state law Harassment, Stalking, Misconduct

Discussion in 'Criminal Charges' started by ZJhilltop, Dec 8, 2019.

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  1. ZJhilltop

    ZJhilltop Law Topic Starter New Member

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    Hello so I live in Baltimore county md and the police have just told me that it isn't illegal to threaten someone. According to the link below it is illegal to threaten someone if there are at least 5 people involved more than 5 people live in my household and the pepatrator threatened me and stated he knew were live.
    Maryland Laws Against Threats Of Mass Violence | Baltimore Criminal Defense Attorneys
    I talked to another officer in the same prendict and he told me the DA has told them it's not illegal to threaten someone.
     
  2. Red Kayak

    Red Kayak Active Member

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    If you believe the threat is credible, you can petition for a restraining order. It is more important to protect yourself and your family than it is to quibble about what the DA is allegedly telling the police.

    If a judge believes the petition has merit, that there is a credible threat against you, you might be granted a restraining/protective order.

    Violating a restraining order can result is someone being arrested.

    Of course, if the "threat" is determined to not be credible, the judge will not grant a restraining order. Some "threats" are just some bombast from a loud mouth blowing off steam, or just heat of the moment declarations, and do not pose a viable threat to their would be victims. Because you seem to be worried more about taking action against the DA than protecting your household, I would suspect that is the case here.
     
  3. adjusterjack

    adjusterjack Super Moderator

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    That link is not the statute. Read the statute:

    2018 Maryland Code :: Criminal Law :: Title 3 - Other Crimes Against the Person :: Subtitle 10 - Threat of Mass Violence. :: § 3-1001. Threat of mass violence prohibited.

    Note that you also have to refer to other statutes to get a complete picture of what the law entails.

    Frankly, I think that statute has more to do with bomb or terrorist threats than whatever dispute you are having with whoever threatened you.
     
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  4. mightymoose

    mightymoose Moderator

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    You did not provide any information indicating a reasonable threat was made. Is there more to it other than "I know where you live"?
     
  5. zddoodah

    zddoodah Well-Known Member

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    You didn't ask a question, so I'm not entirely sure what sort of response you're seeking.

    As phrased, that's correct.

    This sentence is grammatically garbled, but it is correct that section 3-1001 of the Maryland Criminal Code states as follows:

    "A person may not knowingly threaten to commit or threaten to cause to be committed a crime of violence, as defined in § 14-101 of this article, that would place others at substantial risk of death or serious physical injury, as defined in § 3-201 of this title, if as a result of the threat, regardless of whether the threat is carried out, five or more people are:

    (1) placed in reasonable fear that the crime will be committed;

    (2) evacuated from a dwelling, storehouse, or public place;

    (3) required to move to a designated area within a dwelling, storehouse, or public place; or

    (4) required to remain in a designated safe area within a dwelling, storehouse, or public place."

    You didn't provide information about the threat in question, but merely stating that he knows where you live, by itself, doesn't satisfy the elements of this law. Also, the title of this law, "Threat of Mass Violence," should clue you in that the point of the law is not to deal with individualized threats.
     

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