3 ms·

If I were to send an illegal demand to someone (like say a threat of blackmail / extortion), can I simply "withdraw" the demand once it reaches court? Absolute

If I were to send an illegal demand to someone (like say a threat of blackmail / extortion), can I simply "withdraw" the demand once it reaches court? Absolutely ridiculous.

JumpCrisscross 3y ago
> can I simply "withdraw" the demand once it reaches court? For the per se dispute, absolutely. That's what you went to court to get. If your demand caused damages, that's a separate controversy that isn't cured by withdrawal.
- Mathnerd314 3y ago
  Do lawyer fees count as damages?
dylan604 3y ago
Judge: How do you plead? Defendant: J/K!!!! lulz!!!!! Judge: case dismissed! <bang> It probably depends on how wealthy the defendant is (if an individual), or the size of the the org defendant represents. If you're a LEO type of org, then I'm honestly shocked the judge didn't just dismiss with prejudice from the off
- deleted 3y ago
  [deleted]
- throwaway2037 3y ago
  LEO? Lower earth orbit?
  - ultimoo 3y ago
    Law enforcement
    - 8organicbits 3y ago
      Law Enforcement Officer, specifically.
john-radio 3y ago
It's just like pickpocketing in Skyrim; it's legal if you just withdraw.
deely3 3y ago
If I remember correctly you can send illegal DMCA requests as many as you want?
reaperman 3y ago
For patent trolls, the answer is typically yes. Though that’s not “illegal”.
ajross 3y ago
> If I were to send an illegal demand to someone (like say a threat of blackmail / extortion), The distinction is that blackmail and extortion are crimes. It's the act of sending them itself that is the crime, not the demand. If you withdraw it, it doesn't matter, because the crime already happened. There's no criminal statute here. The NYPD asked for something. Someone challenged it as being "not something the NYPD is allowed to ask for". The NYPD said "never mind, you're right". That's the end of the story. If you want the law granting the NYPD the power to issue subpoenas to be withdrawn or modified, the solution is to elect representatives to do that for you. Courts are just the backstop for this process, and an imperfect one.
Terr_ 3y ago
I think this may be confusing "without legal approval" with "prohibited by law". For example, I could type up a letter to my neighbor that he must paint his car blue because that's the law 'round these parts... However that wouldn't necessarily be a crime, it's just be dumb/wrong. That said, if a law was passed to make "knowingly or recklessly false warrants" a crime, that might be one way to approach the issue.

If I were to send an illegal demand to someone (like say a threat of blackmail / extortion), can I simply "withdraw" the demand once it reaches court? Absolutely ridiculous.

JumpCrisscross 3y ago

> can I simply "withdraw" the demand once it reaches court? For the per se dispute, absolutely. That's what you went to court to get. If your demand caused damages, that's a separate controversy that isn't cured by withdrawal.

Mathnerd314 3y ago
Do lawyer fees count as damages?

dylan604 3y ago

Judge: How do you plead? Defendant: J/K!!!! lulz!!!!! Judge: case dismissed! <bang> It probably depends on how wealthy the defendant is (if an individual), or the size of the the org defendant represents. If you're a LEO type of org, then I'm honestly shocked the judge didn't just dismiss with prejudice from the off

deleted 3y ago
[deleted]
throwaway2037 3y ago
LEO? Lower earth orbit?
- ultimoo 3y ago
  Law enforcement
  - 8organicbits 3y ago
    Law Enforcement Officer, specifically.

john-radio 3y ago

It's just like pickpocketing in Skyrim; it's legal if you just withdraw.

deely3 3y ago

If I remember correctly you can send illegal DMCA requests as many as you want?

reaperman 3y ago

For patent trolls, the answer is typically yes. Though that’s not “illegal”.

ajross 3y ago

> If I were to send an illegal demand to someone (like say a threat of blackmail / extortion), The distinction is that blackmail and extortion are crimes. It's the act of sending them itself that is the crime, not the demand. If you withdraw it, it doesn't matter, because the crime already happened. There's no criminal statute here. The NYPD asked for something. Someone challenged it as being "not something the NYPD is allowed to ask for". The NYPD said "never mind, you're right". That's the end of the story. If you want the law granting the NYPD the power to issue subpoenas to be withdrawn or modified, the solution is to elect representatives to do that for you. Courts are just the backstop for this process, and an imperfect one.

Terr_ 3y ago

I think this may be confusing "without legal approval" with "prohibited by law". For example, I could type up a letter to my neighbor that he must paint his car blue because that's the law 'round these parts... However that wouldn't necessarily be a crime, it's just be dumb/wrong. That said, if a law was passed to make "knowingly or recklessly false warrants" a crime, that might be one way to approach the issue.