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

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?

Queens, NY

1 Lawyer Answer
Kristen Epifania
Kristen Epifania
  • Criminal Law Lawyer
  • Freehold, NJ
  • Licensed in New York

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.

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