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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70421
Experience:  Over 5 years in practice
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Man is trying to extort money from my by mental and eventual

Customer Question

Man is trying to extort money from my by mental and eventual physical force. What are my options?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
-Could you explain your situation a little more?
Customer: replied 2 years ago.

WELL THIS LOCAL THUG, known to locals as a cocain dealer etc. is trying to extort money from me that he is claiming i have owed him for years !!! years of not seeing him at all. In fact he owes me money !!! but you cannot get anything back from thugs like this. Whatever his reasons, he is now threatening to 'send people around' whatever that means. For me this could mean jail because i am unlikely to beabkle to stop defending myself. I suffer from a HEAVY CONDITION OF insomnia and depression and this escalates it to the point of having no inhibitory control

Expert:  Jo C. replied 2 years ago.
OK.
What would you like to know about this?
Are you asking if he can act against you?
Customer: replied 2 years ago.

My main query is what i am meant to do about it in order to remain at all times legal. This is something i might not be able to do if they invade my home. So At least i would like it on record i was talking with a legal expert about these matters at the very least. I honestly have no idea what to do. Hence I came here first lol, I am worried that i may end up in jail for no reason at all.
I know he can, and probably will act against me. He is a drug addict, a drug dealer and has more power and friends around here than the police who have 0 presence at the best of times.

Expert:  Jo C. replied 2 years ago.
Well, there is a risk he could make a false allegation. People do that sometimes.
If he does invade your home then you do have the right to use reasonable force to defend yourself and your property. Reasonable force does not mean the right to deliver punishment though.
It is quite unlikely that he could get in unless you open the door though. Any house can be broken into in principle but usually you get sufficient notice that people are trying to get in to call the police.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

So essentially i must wait for it to happen, deal with it then and pray i don't go too far as to be considered to have been 'punishment'ing him... what constitutes punishment?

Expert:  Jo C. replied 2 years ago.
You have to wait until a person commits an offence before the police will act against them or before you can rely on private defence I'm afraid.
Punishment is considered more force than you need to use to stop the onslaught.
Customer: replied 2 years ago.

A that is useful to know :) I thought that might be the case sadly and what with my medical condition? There are days when i have no control over my actions at all. Am I still going to be held legally accountable if all of the above comes to its worst possible outcome?

Expert:  Jo C. replied 2 years ago.
Yes, you would be held accountable for your actions I'm afraid.
Customer: replied 2 years ago.

Oh dear. So there is no tweaky defense in our country?? Odd last question and you don't have to answer i promise to still give you great ratings and thanks for the advice.
How did English Law get into this position where intimidation and extortion whilst not legal are still not exactly illegal?

Expert:  Jo C. replied 2 years ago.
Not if you exceed self defence.
I'm not sure what you mean by your last question? It can be illegal. You are not describing anything illegal here.
Customer: replied 2 years ago.

So his threats of violence and intimidation with intent to extort money out of doesn't sound illegal? I apologise for the reply, didn't expect a response from you to be honest.
My last question, which again I stress you do not have to answer at all. I feel you have done more than enough here for your pay :) My question was concerned more at the history of law i suppose, and how it is that situations where innocent people will go to jail for the actions of blatant criminals? Clearly this is not the case in all areas of law. I am wondering how present legislature on the subject of intimidation and extortion became the way it is today? Probably best aimed at the historians and so yes, feel free not to answer it. I will still give you top marks for an excellent service.
If there were any chance you could document it on your records i came seeking advise just in case i do need to refer to it later in an actual court case !! Feel free because clearly i am going to need all the help i can get to survive this one. AND i was depressed and driven mad by insomnia enough to begin with.

Expert:  Jo C. replied 2 years ago.
It depends. Threats of violence do generally amount to some offence.
Your question is really one for Parliament rather than anybody else. What it comes down to is an observation that some victims are not very nice which is absolutely true. Victims are quite often next week's defendant.
Customer: replied 2 years ago.

Ah yes, now that you phrase it like that i suppose this is not a problem of history and very much one of present social circumstance. I honestly wouldn't worry about it so much, but i just got married in recent years and ATOS wont let me go back to work i am that ill. ATOS !!!! So ytou understand i am not even in a position to leave this town ! I am quite literally stuck here awaiting what i now know may well end up being a day or two in jail for my medical condition.
I have decided upon discussion with a friend its best from here on outr i startg documenting every move that he makes with view to remaining on the correct edge of the law at all times. As well as to have an accurate record of the event, because he is a liar and would not hesitate to make a false allegation when he realises i am not a push over. Sadly a life long struggle with bullies made me learn things i wish i had not, and so my nerves are shot ! at least having a recording of the incident should help the police make the correct sense of it? Even when i am medically unable?

Expert:  Jo C. replied 2 years ago.
Yes, record everything. The devices you can get to to do that now are excellent and they protect you from false allegations.
Customer: replied 2 years ago.

one last question then and I thank you once again for your splendid and swift help on this matter. Could you recommend the best device for the purpose? namely the one perhaps that has been used most inside a court?

Expert:  Jo C. replied 2 years ago.
A Go Pro device is fine but there are lots of other much cheaper devices.
Body cameras are usually adequate.