I ask because let’s say you’re arrested for not being home at 8 when you’re supposed to because you were coming home but do to traffic for example, it’s past 8? Is it a defense or it’s strict liability? What about someone dragging you outside your home to beat you up in a park?
Yes there are defenses available to individuals arrested under the curfew. As with any case, the defense would depend on the specific circumstances of your case and arrest. The New York DAs have already indicated an unwillingness to prosecute certain types of cases. However, you should consult with...Read more »
Unfortunately, it is difficult to answer your complex questions without more information about your case, the trial and the indictment. If your rights were in fact violated, that could be an issue for appeal. Again, a more thorough review of your case would be necessary.
The short answer is "No." It would be extremely difficult to prove that your child's mother was liable under a recognizable cause of action (lawsuit) and that you sustained damages recoverable under the law.
You are charged with very serious felony crimes and need to represented by an experienced criminal defense attorney. That said, the fact that you were not read your Miranda rights will not invalidate your arrest. Miranda rights are necessary if the police question/interrogate you while you are in...Read more »
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