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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16317
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Need 2 figure out my next move... I pressed charges against

Resolved Question:

Need 2 figure out my next move... I pressed charges against a bar owner and he was arrested - PL 120.00(1) and PL 240.26(1). Then his employee, a bartender, pressed a charge against me (after the fact; I disclosed what was going on to her) and I was arrested PL 240.30(1)(a). The D.A. called my attorney's office and offered a cross-cancel. Before we could arrange a meeting she suddenly went mute and wouldn't respond to my attorney's calls regarding the arrangement. I'd like to file with NYC CCHR for a bias|hate-related crime which is going to be moot point if I agree to cross-cancel. Question - how can I find out if and why the D.A. pulled the option off the table?
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 4 years ago.
Hi xxx,

It looks to me that the DA mistakenly thought that the two cases were cross-complaints. They are related, but there's a third party involved here who is not being prosecuted. So this may not be the DA's call. It could be that the bartender is simply not interested in dropping charges. You'll find out on your court date.
_____

If I've helped, please click the green Accept button so I can get credit for my work.

This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice. There is no attorney-client relationship. You are advised to consult an attorney in your state for specific legal advice.

Edited by Rebecca_Admin on 5/3/2010 at 4:49 PM EST
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16317
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Zoey_ JD and 8 other Criminal Law Specialists are ready to help you
Customer: replied 4 years ago.
O.K. this "non-prosecuted" party put me up on the internet for sexual encounters revealing my transgender status without my knowledge and explicit consent. I reported to the police immediately but they said they cannot make an arrest, since they cannot prove it was her (although all the evidence points out, including her e-mail address). Now, if the D.A. is not willing to cross-cancel and the two cases are going to be reviewed separately, I'd better strike for discrimination and bias|hate-related crime with NYC CCHR to make the schmuck who employed her pay twice for his attorney's fees. Thoughts?
Expert:  Zoey_ JD replied 4 years ago.
Off the top of my head, I'd agree, but give me a bit of time to mull this over while I eat my dinner. I'll give you a full answer in an hour or so.
Customer: replied 4 years ago.
She put me up on Craigslist - please read the below (and the stupid 120th Precinct said: "Anyone could've had access to her computer" - Really? Then how would that anyone know my personal data if I had absolutely no contact with them ever?! - Only she knew.)

> On Sat, May 16, 2009 at 8:10 PM, craigslist wrote:
>
> > Since these posts appear to be an attempt to impersonate you for the
> > purpose of harassment, we can give you the details we have about them.
> >
> > (The information shown below represents the complete record in our system
> > for these posts. We don't have the poster's name, phone number, or
> > address, but it is likely that law enforcement authorities will be able to
> > use this information to identify the poster.)
> >
> > **************************************************************************
> >
> > PostingID: XXXXXXXXXX
> > ReplyEmail:XXX@XXXXXX.XXX
> > IPaddress: 96.250.229.57
> > CreationDate: 2009-05-05 08:05:00 (Pacific)
> > PostedDate: 2009-05-05 08:13:58 (Pacific)
> > ModifiedDate: 2009-05-05 08:45:29 (Pacific)
> > Area: new york city
> > GeographicArea: rosebank
> > SubArea: staten island
> > Category: men seeking men
> > PostingTitle: I'm loney.....
> > PriceOrAge: 36
> > EmailDisplay: anonymized email address
> > InvoiceItemID: 0
> > CurrentPostStatus: free post self deleted or paid posting deleted
> > by staff
> > PostingBody
> > ===========
> >
> > I'm a trans looking for friends or partners. I've been sooooo
> > loney.....would you be my text buddy? maybe we could meet up!!! contact
> > me at six four six, two four eight, one one six zero. I look forward to
> > hearing from someone
> >
> > **************************************************************************
> >
> > PostingID: XXXXXXXXXX
> > ReplyEmail:XXX@XXXXXX.XXX
> > IPaddress: 96.250.229.57
> > CreationDate: 2009-05-05 08:26:49 (Pacific)
> > PostedDate: 2009-05-05 08:27:25 (Pacific)
> > ModifiedDate: 2009-05-05 08:48:43 (Pacific)
> > Area: new york city
> > SubArea: staten island
> > Category: women seeking men
> > PostingTitle: If you text me, I promise to reply
> > PriceOrAge: 36
> > EmailDisplay: anonymized email address
> > InvoiceItemID: 0
> > CurrentPostStatus: free post self deleted or paid posting deleted
> > by staff
> > PostingBody
> > ===========
> >
> > O Poo!!! I'm soooo loney...if you text me, I promise I will reply. six
> > four six, two four eight, one one six zero. Please hurry.....I'm loney!!!
> >
> > **************************************************************************
> >
> >
> > Regards,
> > craigslist customer service
> >
> > **********ORIGINAL TEXT**********
> >
> > > Date: Sat, 16 May 2009 14:30:18 -0400
> > > From: Alex Lambert
> > > To: craigslist , ,
> > >
> > > Subject: Re: [legal] FAKE POSTING - STOLEN IDENTITY
> > >
> > > Can you please record and forward me I.P. addresses of the computers from
> > > which these two posts were made - XXXXXXXXXX XXXXXXXXXX They need to
> > be
> > > tracked down. Also, please indicate the date(s) they were put up and
> > copies
> > > of the posts themselves (content). Thanks!
> > >
> > > On Wed, May 6, 2009 at 12:50 PM, craigslist
> > wrote:
> > >
> > > > Those posts(NNN) NNN-NNNN XXXXXXXXXX have been removed from the
> > listings.
> > > >
> > > >
> > > > Regards,
> > > > craigslist customer service
> > > >
> > > > **********ORIGINAL TEXT**********
> > > >
> > > > > Date: Tue, 5 May 2009 10:33:12 -0700 (PDT)
> > > > > From: ALEX LAMBERT
> > > > > To:
> > > > > Subject: [legal] FAKE POSTING - STOLEN IDENTITY
> > > > > Resent-Date: Tue, 5 May 2009 17:02:50 -0700 (PDT)
> > > > > Resent-From: Clint Powell
> > > > > Resent-To: XXXXX XXXXX
> > > > > Resent-Subject: [legal] FAKE POSTING - STOLEN IDENTITY
> > > > >
> > > > > Someone made a posting on your website misrepresenting my identity to
> > > > contact me for sexual encounters. Posted a fake pic and put my cell #
> > down.
> > > > My cell phone # XXXXX XXXXX I want this posting found on your
> > website
> > > > and immediately removed. Otherwise, it's going to be a police
> > investigation.
> > > > I never made any postings on craigslist.com for anything. Thanks!
> > > > >
> > > > > --
> > > > >
> > > > > X-User-IP: 76.15.95.13
> > > > > Form Key: Ib2le6Gz1xXXtLTZ
> > > > > User-Agent: Mozilla/4.0 (compatible; MSIE 7.0; Windows NT 6.0;
> > > > Trident/4.0; SLCC1; .NET CLR 2.0.50727; MDDC; .NET CLR 3.5.30729; .NET
> > CLR
> > > > 3.0.30618)
> > > > >
> > > > >
> > > >
> > >
> >
>
Expert:  Zoey_ JD replied 4 years ago.
You know, I thought this all sounded familiar and thought that either there might be an epidemic of these sorts of incidents in NYC (as indeed there might) or that I'd answered a question on this matter that you posted once before. I went into archives and found you among my cases from the end of August. I'm going to link you to the thread, as it will save me a lot of typing.

We talked this through then, and at the time, you anticipated that this would be treated as a cross-complaint and if so, for immigration purposes, you felt it might be prudent to do the tit-for-tat thing even if it meant not pursuing your CCHR claim. Now it appears that the DA has taken that off the table. And I agree, you might as well press the claim. I don't see that it hurts you on either the case in which you are the defendant or the case in which you are the complainant.
Customer: replied 4 years ago.
There might be an epidemic but you're right - I did post that Q back in August; and the plot thickened. I contacted Cuomo's office and complained to 311 regarding the circumstances of my arrest. A Det from 120th Pct called me to come in and identify my physical attacker but said she'd be unavailable to assist me (cause she had to go on another call) and instead I should ask for another Det, who advised me that the bartender pressed the charge. I had no clue - it was like a brick fell on my head. To top it all off I'm a member of a Protected class (an LGBT asylee) and a disabled person (SSD) - {rheumatology}. Help!
Expert:  Zoey_ JD replied 4 years ago.
You'd already found out about the bartender when we discussed this before. In any case, you've got a lawyer and, yes, I think you might as well file the bias complaint. As you have a lawyer, however, you should do nothing without running it by him, and you certainly shouldn't be talking to the police without him. Yes, you're a complainant, but you're also a defendant and the matters are related. You'd be amazed at what police can extract from a statement that, from the point of view of the defendant, would be incapable of causing any harm.

_____

If I've helped, please click the green Accept button so I can get credit for my work.

This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice. There is no attorney-client relationship. You are advised to consult an attorney in your state for specific legal advice.
Customer: replied 4 years ago.
I always thought the police's job was to protect and respect,and not to extract. That's what they're being paid for to do. Complete failure to protect a Protected class. I don't know what this D.A. is doing after contacting my lawyer herself in September regarding arranging a cross-cancel meeting and then going MIA... I'm running everything by him but his office's response is that they haven't heard from the D.A. again and wouldn't advise me on whether to file the CCHR claim. It appears that I've got a crappy lawyer. Another lawyer in the City told me that this Staten Island community stuff is tough - they're like a gang. Now I understand why I got threatened with Italian mafia by the bar.I guess, I'm not in Kansas anymore (Brooklyn or Manhattan).
Expert:  Zoey_ JD replied 4 years ago.
You may be a complainant on one case, but you are a defendant on another. Since both cases are related, to talk about one is to make statements and admissions about the other. Leave the police alone. They cannot help you with these cases now. It's out of their hands anyway -- has been since the arrest. You're wasting your time, and you could hurt both of your cases.

Just be patient. This is a recent misdeameanor where both defendants are at liberty. It has no great priority in the system, even though it's important to you. Almost nothing will go on in between adjourn dates. On your next court date, the DA will make you an offer, and you will either want it or not and proceed from there. If it has to be tried, since the case against you looks retaliatory for the case against your complainant's boss, you're not in bad shape. If you have no confidence in your lawyer, you should get another.
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16317
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Zoey_ JD and 8 other Criminal Law Specialists are ready to help you

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