Criminal 'Death Threat' Letter

jimmythegreek

Bronze
Dec 4, 2008
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Left at my door in an apartment complex and I have video surveillance of the suspect performing the act.

Letter is at a high degree with reference to specific names-family and a time limit mentioned not once, but twice. Requests that a property owner leave the premises in a one month time frame or fatal consequences.

The Fiscalia has proven to want to just reconcile every criminal act rather than pushing for completing real investigations and prosecution with hard evidence. Claims that even the video evidence will be hard to prove in court.

The case involves a U.S. citizen-one adult-one minor and one Dominican adult Citizen being threatened by a dual Dominican-U.S. Citizen adult.

Would U.S. criminal laws apply in this case no matter the jurisdiction due to a U.S. minor receiving a criminal threat by another U.S. Citizen?

What is the best way to get this out of the Fiscalia and up into the Procuraduria? It appears the Fiscalia has a stranglehold on this process by being the department that certifies evidence before a criminal case can proceed to this Procuraduria.
 

cavok

Silver
Jun 16, 2014
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Cabarete
Unfortunately, it's not much different in the US. Until some act of violence is actually carried out, the best you're going to get is a restraining order.

The best thing for this owner to do is to chill out, make no further provacations, and move out ASAP.
 

Dr_Taylor

New member
Oct 18, 2017
351
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Left at my door in an apartment complex and I have video surveillance of the suspect performing the act.

Letter is at a high degree with reference to specific names-family and a time limit mentioned not once, but twice. Requests that a property owner leave the premises in a one month time frame or fatal consequences.

The Fiscalia has proven to want to just reconcile every criminal act rather than pushing for completing real investigations and prosecution with hard evidence. Claims that even the video evidence will be hard to prove in court.

The case involves a U.S. citizen-one adult-one minor and one Dominican adult Citizen being threatened by a dual Dominican-U.S. Citizen adult.

Would U.S. criminal laws apply in this case no matter the jurisdiction due to a U.S. minor receiving a criminal threat by another U.S. Citizen?
U.S. Federal law only applies if there is subject matter jurisdiction, i.e., a Federal statute granting jurisdiction; personal jurisdiction over the person, i.e., the person is on U.S. soil, the act occurred on U.S. soil, or a specific statute grants jurisdiction for activity outside the U.S.; and where venue is proper within the U.S. You do not have any of these, and you would need all three. This is a purely domestic DR matter.
 

jimmythegreek

Bronze
Dec 4, 2008
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4
0
Unfortunately, it's not much different in the US. Until some act of violence is actually carried out, the best you're going to get is a restraining order.

The best thing for this owner to do is to chill out, make no further provacations, and move out ASAP.

Yah-However, making a criminal threat can land you 1-5 years in prison and in this case I have video surveillance of a suspect throwing the note in front of my door.
 

jimmythegreek

Bronze
Dec 4, 2008
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4
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U.S. Federal law only applies if there is subject matter jurisdiction, i.e., a Federal statute granting jurisdiction; personal jurisdiction over the person, i.e., the person is on U.S. soil, the act occurred on U.S. soil, or a specific statute grants jurisdiction for activity outside the U.S.; and where venue is proper within the U.S. You do not have any of these, and you would need all three. This is a purely domestic DR matter.

Will find out, if this is the case on Monday. Some issues, in terms of criminal matters between solely U.S. Citizens, are not jurisdictional.
 

KateP

Silver
May 28, 2004
2,845
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I assume the involved have hired a good lawyer to help push things forward?
 

SKY

Gold
Apr 11, 2004
13,470
3,604
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This is the XMAS season. Make a nice
XMAS gift to the Fiscal and the guy will spend a few nights in jail. That will be the end of the threats.
 

chico bill

Dogs Better than People
May 6, 2016
12,570
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This is the XMAS season. Make a nice
XMAS gift to the Fiscal and the guy will spend a few nights in jail. That will be the end of the threats.

I know an owner who paid a few hundred to the PN and a bothersome individual (a repeat home invader - known to the victim of the theft and also caught on camera).

He was drug out of his home and beaten badly by 4 PN - then left in jail for two days. The thefts stopped.

I'm curious what started the beef - is this a property dispute or a personal matter (like the Dominican woman)
 

jimmythegreek

Bronze
Dec 4, 2008
1,066
4
0
I know an owner who paid a few hundred to the PN and a bothersome individual (a repeat home invader - known to the victim of the theft and also caught on camera).

He was drug out of his home and beaten badly by 4 PN - then left in jail for two days. The thefts stopped.

I'm curious what started the beef - is this a property dispute or a personal matter (like the Dominican woman)

Property dispute-in particular, same old same old here of a group that takes over the property with non-quorum meetings and all the improprieties on financial matters as a consequence resulting in slave property owners.
 

chico bill

Dogs Better than People
May 6, 2016
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Property dispute-in particular, same old same old here of a group that takes over the property with non-quorum meetings and all the improprieties on financial matters as a consequence resulting in slave property owners.

If you don't own anything I'd leave and find a safe place - doesn't sound like a place you want to stay anyway.
Since you have a photo of the guy dropping the note - make a police report, post it on Facebook too and if anything occurs he's the first one they grab
 

jimmythegreek

Bronze
Dec 4, 2008
1,066
4
0
If you don't own anything I'd leave and find a safe place - doesn't sound like a place you want to stay anyway.
Since you have a photo of the guy dropping the note - make a police report, post it on Facebook too and if anything occurs he's the first one they grab

Not just photos, but full surveillance video. Can't get better evidence on crimes of this nature-

Yah problem is that I own the apartment and who the hell is this punk to tell me when I can leave?
 

Cdn_Gringo

Gold
Apr 29, 2014
8,671
1,133
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Put a note on his front door: "Buy my condo for $$$ and I'm out of here"...

You need a lawyer with a spine to deal with the fiscal for you. You lawyer will know how to escalate this past the "why can't you all get a long" stage. Remember the easiest solution here is always the first choice, not necessarily the best solution or even the solution you would prefer. Someone politely needs to remind public officials that they are responsible if they do nothing and you subsequently get hurt.

Knowing that there is someone (your lawyer with a spine) who will follow up and hold them accountable is a good motivator. So is money but personal accountability is cheaper.
 

jimmythegreek

Bronze
Dec 4, 2008
1,066
4
0
Put a note on his front door: "Buy my condo for $$$ and I'm out of here"...

You need a lawyer with a spine to deal with the fiscal for you. You lawyer will know how to escalate this past the "why can't you all get a long" stage. Remember the easiest solution here is always the first choice, not necessarily the best solution or even the solution you would prefer. Someone politely needs to remind public officials that they are responsible if they do nothing and you subsequently get hurt.

Knowing that there is someone (your lawyer with a spine) who will follow up and hold them accountable is a good motivator. So is money but personal accountability is cheaper.


Absolutely correct-unfortunately, we had a hack insider Fiscalia attorney that did nothing, but we also signed nothing and there was no reconciliation whatsoever-so this is still very much on the table and now searching for a real attorney that specializes in criminal matters.
 

Dr_Taylor

New member
Oct 18, 2017
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Will find out, if this is the case on Monday. Some issues, in terms of criminal matters between solely U.S. Citizens, are not jurisdictional.
All legal matters in the English, Spanish, and French systems require subject matter jurisdiction, personal jurisdiction, and proper venue. You learn this during the first few days of law school in both the U.S. and the DR. There is nothing to ascertain. The U.S. lacks jurisdiction. Even if the U.S. had subject matter jurisdiction, prosecutors have the discretion to prosecute or not prosecute a case, and no U.S. Federal prosecutor would waste government time with this one. It is too remote to Federal U.S. interests and would involve making the "locus" look less than capable. The latter is a political decision, and comes into play. The U.S. Federal Government, as a general rule, only prosecutes two types of cases that occur outside the U.S. where the actor is a U.S. citizen, and most of us on this board know what they are.
 

jimmythegreek

Bronze
Dec 4, 2008
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All legal matters in the English, Spanish, and French systems require subject matter jurisdiction, personal jurisdiction, and proper venue. You learn this during the first few days of law school in both the U.S. and the DR. There is nothing to ascertain. The U.S. lacks jurisdiction. Even if the U.S. had subject matter jurisdiction, prosecutors have the discretion to prosecute or not prosecute a case, and no U.S. Federal prosecutor would waste government time with this one. It is too remote to Federal U.S. interests and would involve making the "locus" look less than capable. The latter is a political decision, and comes into play. The U.S. Federal Government, as a general rule, only prosecutes two types of cases that occur outside the U.S. where the actor is a U.S. citizen, and most of us on this board know what they are.

Well even if that is the case, which most likely it is...it can't hurt to have the U.S. Embassy make a few phone calls...especially to the Procuraduria to elevate the case out of the Fiscalia quagmire.
 

cavok

Silver
Jun 16, 2014
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The U.S. Embassy is going to do absolutely nothing in a matter like this. Nada, zip, zero, zilch. This kind of matter is an everyday common occurance here. I personally know of cases where physical violence was threatend, one even had the WhatsApp voice recording to play for the fiscal. Orden de alejamiento - that's it.

Life is very cheap here. I've read of many cases where the restraining order is issued and, the next thing you know, the person that requested it ends up dead.

Bribe the fiscal? If the fiscal is that corrupt, do you really think the other party can't just offer him more money to do nothing?

Bribe the PN to work this guy over? Do you really think he can't do the same to you and you could end up even worse?

Hire a criminal attorney? Criminal attorneys love cases like this. They'll take all your money and nothing will happen.

You're not in Kansas anymore. Remember what Confucius said: "Before embarking on a journey of revenge - dig two graves".
 

Tarheel

Well-known member
Dec 19, 2005
619
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Absolutely correct-unfortunately, we had a hack insider Fiscalia attorney that did nothing, but we also signed nothing and there was no reconciliation whatsoever-so this is still very much on the table and now searching for a real attorney that specializes in criminal matters.

Be careful Jimmy. We have seen expats die in disputes like this.
 

ljmesg

New member
Aug 6, 2017
526
1
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Looks like a simple case of extortion in this case over property. Do y, or x will happen.

It's a serious crime in the US.

Here is an article on what to do: https://m.reolink.com/protect-yourself-from-extortion/

Of course throw it all out the window being in the DR.

The best defense in the DR is to never expose yourself to locals in this manner.

I would not try to fight the gauntlet that was laid at your door step. I would do what I could to walk away and agree with the request being made of you.

Then move somewhere far away.

That's my $0.02.

Otherwise Caveat Emptor, sir.

"The case involves a U.S. citizen-one adult-one minor and one Dominican adult Citizen being threatened by a dual Dominican-U.S. Citizen adult."
(Jimmy, I assume you are the former here?)
 

bachata

Aprendiz de todo profesional de nada
Aug 18, 2007
5,341
1,246
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Left at my door in an apartment complex and I have video surveillance of the suspect performing the act.

Letter is at a high degree with reference to specific names-family and a time limit mentioned not once, but twice. Requests that a property owner leave the premises in a one month time frame or fatal consequences.

The Fiscalia has proven to want to just reconcile every criminal act rather than pushing for completing real investigations and prosecution with hard evidence. Claims that even the video evidence will be hard to prove in court.

The case involves a U.S. citizen-one adult-one minor and one Dominican adult Citizen being threatened by a dual Dominican-U.S. Citizen adult.

Would U.S. criminal laws apply in this case no matter the jurisdiction due to a U.S. minor receiving a criminal threat by another U.S. Citizen?

What is the best way to get this out of the Fiscalia and up into the Procuraduria? It appears the Fiscalia has a stranglehold on this process by being the department that certifies evidence before a criminal case can proceed to this Procuraduria.

Go to the police department and submit a "QUERELLA'' Amenaza de muerte, any one in DR will be facing prison preventiva for this matter especially if the querellante gets a strong arm Sargent in his comunity.

Do not pass down the previews advice... Regalito de Navida or bribe, the Sargent will be more than happy to help you out in this case.

JJ
 

Matilda

RIP Lindsay
Sep 13, 2006
5,485
338
63
Pretty sure that under the law threatening someone with death is taken as seriously as killing someone. With a querella as Bachata says if he does kill you then at least they know who did it. Get a decent lawyer, but prepare yourself to face the consequences from him or his friends and relations.

Matilda