Other Criminal Charges & Offenses Aggravated harassment in the 2nd degree?

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needlawhelp

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Jurisdiction
New York
About a year ago, my boyfriends cousin went to the Tmobile Store and took out a phone and phone bill under my boyfriend's name, basically pretended to be him as they used to share the same address. My boyfriend, having paperless billing, didn't notice the iPhone and monthly charges on his account till he logged in online a whole year after this. He called his cousin ONCE and confronted him and asked for his money back. They proceeded to argue and his cousin ended up making a police report that my boyfriend threatened to kill him and his family(which he did not) and has been calling him non-stop and driving by his home(also not true). My boyfriend is now being charged aggravated harassment in the 2nd degree. At the arraignment, the judge just put an order or protection in place and there is a following court date to determine if it will go to trial- is this likely? What is the best way to handle this charge? Also what legal action should we take concerning him taking out the phone? We live in NYC.
 
At the arraignment, the judge just put an order or protection in place and there is a following court date to determine if it will go to trial- is this likely?

Probably, hard to say, very often matters such as these do go to trial.


What is the best way to handle this charge?

The person charged, your FRIEND, should stay away from his cousin, make no contact of any kind with his cousin, and you should do the same.

Your FRIEND should plead NOT guilty, ask the court if he qualifies for a public defender, and STOP discussing this with anyone BUT his lawyer, that includes YOU.

If you were married, your conversation would be privileged and protected.
You arenb't married, and anything he says to you, can be used against him at trial.
You can also be COMPELLED to testify by the prosecution, so the best thing you can do is play DUMB as a LEMON, or a CUCUMBER.






Also what legal action should we take concerning him taking out the phone? We live in NYC.

Your FRIEND should report the matter to T-MOBILE, and to the police.
Your FRIEND should pursue filing criminal charges, not trying to play tough guy collector, as you've observed, that always backfires.
 
You're boyfriend needs an attorney. Period.

And if I was him I'd raise hell with TMO for letting someone make account changes without identifying themselves.
 
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