Blackmail - When Do Police Investigate?

Blackmail may occur in a few instances: when one person engages in blackmail against a public official, or when a person uses blackmail to influence others into some sort of intended action.

For victims of blackmail, getting the police to investigate may not be so easy.

Blackmail generally requires evidence that the crime occurred. Before the local law enforcement officers are able to become involved in the matter, they will need evidence to pursue the matter. The blackmailer must have something incriminating on the person and want something in exchange for remaining silent on the issue. This generally requires a payment of thousands of dollars to keep a secret about either something illegal or that could lead to embarrassment or humiliation. If the person is able to show that the blackmailer engaged in the crime, law enforcement will investigate the matter and issue charges for the appropriate crime.

The Crime of Blackmail

Many states lump theft crimes together and may issue charges based on the state definition of the crime such as blackmail instead of extortion. The elements are generally similar in that a person uses intimidation, force, coercion or assault to get something out of the victim. If the target does not participate, the blackmailer will reveal information, expose a lie about the person or expose details that should remain hidden. It is possible to deflect law enforcement by implicating the victim in the crime or by revealing information about an illegal activity the person participated in at some time in the past.

Charges against the Perpetrator

When the victim of blackmail has no evidence, there are many states that still engage in the investigation due to the harm that the crime may cause. The intent of the threat is usually the primary element in charges against the perpetrator. However, even if nothing exchanges hands, some states will issue charges if the area recognizes the potential threat as an independent crime. In these situations, law enforcement will charge the person even when no proof exists that the other party threatened to expose something. In these states, justice may start with the trauma of action from the perpetrator attempting to exact something from the victim.

Evidence of Blackmail

While some states require evidence to pursue the investigation, intent and the payment to the other party are often enough to look into the matter. If the matter escalates to extortion through similar acts against a public official, police may start the investigation immediately and attempt to gather new proof through surveillance and video recordings. Depending on the state’s definition of blackmail and extortion, the charges may change. Additionally, the location may require more proof to charge the perpetrator if there is no intent behind the crime. Legal support may help the victim seek justice, but some states do not permit civil litigation in blackmail crimes.

Pursuing Justice or Litigation

Depending on the state, only justice is an option, but other locations do let the victim pursue a lawsuit against the culprit of blackmail. In some of the locations where only criminal courts prevail, the judge may award repayment from the criminal to the victim depending on the circumstances. It is crucial to have sufficient evidence before proceeding through the court case. However, hiring a lawyer may help the injured party seek the necessary items that either the civil case will need or to pursue justice with a prosecutor. It is often important to consult with a lawyer to understand the elements of the crime and how they work in the courtroom.

If litigation is an option to pursue, the perpetrator may go through a criminal and civil case for the same crime. The first may place him or her in jail or prison and issue fines. The second will force him or her to pay the victim compensation in a successful lawsuit. This all depends on the strength of the claim, if the defendant is willing to settle out of court and the lawyer hired for the case. The more proof that the crime occurred with intent, the stronger the claim is.

Legal Help with Blackmail and the Police

Generally, the law enforcement officers in a local area should investigate the matter. However, if the victim attempts this help to no avail, he or she may hire a lawyer to pursue the matter both with police and through either justice or a civil claim against the perpetrator.

Provided by HG.org

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