Q: What are the next steps after my husband is arrested (against my wishes) for a DV misdemeanor (taking my cell phone)?
Queens, NY The detective has been harassing us, sending fake wanted fliers (for grand larceny???) to his cell phone and intimidating him to turn himself in although no charges were made and no crime was committed. No violence whatsoever, the argument got heated and I told the cops he took my cell phone but gave it right back. I don't recall everything i wrote on the police report as we were homeless and I was very upset and overwhelmed that day. We are now amicably separated but approximately one month after the incident he was just arrested and held overnight after the detective and DA called for "my side of the story". We cannot afford a lawyer. Legal Aid in NYC advised him to turn himself in and speak to the judge. He was going to do that after saving money and consulting a lawyer but they have arrested him and it's been more than 24 hours now. We don't live together and have a child and one on the way. What can I do to help resolve this? What should be happening now?
A: Once your husband is assigned an attorney, you should speak to him/her to express that you do not want to go forward with the case. At this point, you have no obligation to speak with the District Attorney's Office and you are free to tell them that you do not wish to go forward with the case. While this may not make the DA's office dismiss the case outright, it certainly weakens their case if you do not cooperate.
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.