Brooklyn, NY asked in Criminal Law, Family Law and Domestic Violence for New York

Q: What are the chances of getting charges dismissed if I exaggerated incident and will not cooperate with DA?

My boyfriend and I were in an argument that caused me to call my mom who has mental health anxiety problems. I also have anxiety problems and she told me to call the police. In my extremely anxious state I exaggerated the situation on the 911 call and then the police added charges that never happened. He was never violent with me, though they charged him with misdemeanors. Attempted assault, unlawful imprisonment, property damage and one other. On the police report I never said he pushed me down, though the police lied and said I told them that. Also, they have a picture of a hole in the wall. We already plan to get a lawyer, and I have not signed any statements at the DA. What is the likelyhood of him being able to have the charges dropped and the protection order lifted? He has a clear record. He was also released initially without bail.

1 Lawyer Answer

A: Yes, depending on what county (and as per the CPL of NYS you can definitely get the order modified so that the two of you can be together). Your boyfriend's attorney should also move to suppress the statement as you were not sound of mind (PLUS, IF THE POLICE WROTE IT OUT AND YOU JUST SIGNED IT...THE CASE WILL LIKELY BE DISMISSED PRE-TRIAL).

After you get the order changed from a "stay away" order to a simple TOP, just have your boyfriend take it to trial...at that time the ADA will (actually must, bc all defendants have the right to confront the witnesses against them) ask you to come testify at trial...YOU WILL BE ON VACATION FOR EVERY TRIAL DATE...UNDERSTAND?

I'd be glad to further discuss this free of charge as I see at least 10 of these cases each month.

914-912-1555

Aubrey C. Galloway III, Esq.

P.S.Whenever something like this happens, the District Attorney's office assigns a "DVADA" or rather a domestic violence ada...Have both you boyfriends lawyer and your lawyer (if you don't have one get one) contact the DV ADA and state you want the order dropped immediately... they will likely not do it. Thus, you must then call the "higher up ADA" (FOR EXAMPLE IN WESTCHESTER FREDRICK GREEN IS THE CHIEF OF DOMESTIC VIOLENCE" AND SAY THESE EXACT WORDS ON RECORDED LINE ........

"I AM THE ALLEGED 'VICTIM' THE THE PEOPLE V. (YOU BOYFRIEND'S NAME" AND I HAVE EXCULPATORY EVIDENCE PROVING HE IS INNOCENT". IF YOU DO THAT, EVEN IF HE IS CONVICTED AT TRIAL, YOU/HE WILL PREVIL 99 % ON APPEAL.

FOR KICKS, WHAT COUNTY I THIS IN?

Aubrey C. Galloway III, Esq.

AG3LAW.com

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.