How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask N Cal Attorney Your Own Question

N Cal Attorney
N Cal Attorney, Lawyer
Category: Criminal Law
Satisfied Customers: 8079
Experience:  Since 1983
Type Your Criminal Law Question Here...
N Cal Attorney is online now
A new question is answered every 9 seconds

I believe I know the answer to this, but I would like professional

Customer Question

I believe I know the answer to this, but I would like professional advice. I was told by my previous attorney, that a PI that was sent to investigate the complainant was given the following information.That the complainant on my case had accused me of sending men with guns to her house to kill her. That the men were arrested, questioned and they told detectives that they were friends of mine, and that I sent them. According to my previous attorney, the cops were "allegedly" called..and the men were arrested. Keep in mind , that I was never arrested for this charge. It was just something my previous attorney said that his PI found out on the investigation. Now ,my question is , if I sent men to the complainant's home with guns with the intent to kill her and her family(in which I didnt), how come I was never arrested for it? If men claim that I sent them , wouldnt I get arrested??? To me thats common sense.
Submitted: 4 years ago.
Category: Criminal Law
Expert:  N Cal Attorney replied 4 years ago.
You asked
If men claim that I sent them , wouldnt I get arrested???

My opinion is Yes, you would have been arrested if you sent a hit squad to kill someone and they told the police you had sent them to do that.
Customer: replied 4 years ago.
So therefore it is an intimidation tactic on their part to push me towards taking a plea? My previous attorney told me I dont have to be arrested, but I think he didnt want to try the case. Plus the PI knew the complainant's relative who is a detective in the DA's office. So what do you think ?
Expert:  N Cal Attorney replied 4 years ago.
Have you been charged with a crime?

What State is this in?

Edited by N Cal Attorney on 5/2/2010 at 10:40 AM EST
Customer: replied 4 years ago.
I was arrested for harassment in NY STATE, 3 times ...Twice in 2007 and once in 2008. Falsely accused of this. I wish to go to trial, because the complainant has harassed me and when I made a police complaint she wasnt arrested, however, she made a retaliative complaint against me and I was arrested. Thereafter, she used her order of protection as a sword and abused it, that is why I was arrested two more times after. She realized Im sure she will get in trouble if she loses in trial, so trying to intimidate me into a plea is what I think she did. They want to offer me a plea of disorderly conduct however, she will keepmaking false complaints on me if I take a plea. How do I get through this and show she has lied three times?I would like your advice.
Expert:  N Cal Attorney replied 4 years ago.
We cannot give legal advice on this website.

It seems very strange to let a person accused of attempted murder to plead guilty to disorderly conduct.

I do not have enough of the facts to know how to prove she is lying. Do you have a criminal defense attorney assisting you?
Customer: replied 4 years ago.
Ya I had two but they were representing me as favors to family members. I can not afford to pay them to go to trial. . The last arrest was made on me for alledgedly calling her......The phone records would prove I didnt .My only option is legal aid/public defender
I dont know if they are capable of giving me the representation I need. The complainant has a family member in the DA's office . This case is definitely compromised. Im trying to finish my degree and get into a firm. I cant even work, everyone does background checks and I have to keep taking off from work to go to court every month.. I have been making court appearances for three years now, every single month for three years. The case keeps getting adjourned. I made a complaint on her first and there is no record of them in the precinct. However, I made hundreds of copies. She keeps making these complaints, and I keep getting arrested. She is retaliating for me making a complaint. She actually came to my house and physical threatned me. I dont even care about that anymore, I just want her to stop getting me arrested so I could live my life. What is your advice?
Expert:  N Cal Attorney replied 4 years ago.
#1 I would ask the public defender to take over your representation.

#2 You might want to consider applying for your own order against harassment based on her repeatedly filing false police reports.

#3 Ask the PD about disqualifying the local DA's office because of the clear appearance of impropriety arising from the fact that the "victim" has a relative who works for the DA.

#4 I would file a police report about her coming to your house and threatening you.
Customer: replied 4 years ago.
Thank you. I already make apolice report when she came to my house in 2007. The next week she had......ME.....arrested. The complaint I made disappeared. But thank you..How do I get a court order on her ...the judge will not give me one when I have three cases. How would I go about that?
Expert:  N Cal Attorney replied 4 years ago.
http://courtinfo.ca.gov/forms/fillable/ch100.pdf
is the Court form to apply for an order against harassment.

http://courtinfo.ca.gov/forms/documents/ch150.pdf
has information and instructions.

Some Counties have clinics that assist people in obtaining these orders. If you tell me what County this is in I can look to see if there is any assistance available in your County.
Customer: replied 4 years ago.
Queens county
Expert:  N Cal Attorney replied 4 years ago.
I'm sorry I'm sleepy and I misunderstood your location. Please disregard my last post.

Did you ever previously have an intimate relationship with the complainant?

Edited by N Cal Attorney on 5/2/2010 at 11:40 AM EST
Customer: replied 4 years ago.
I never lived with her. But she thought we were an item but we were just friends. When I told her we needed to part, she went nuts coming to my house destroying my car and thats when i went to the police.
Expert:  N Cal Attorney replied 4 years ago.
http://www.nycourts.gov/forms/familycourt/pdfs/8-2.pdf
has the form to get a restraining order against a former intimate partner. You can probably use that form and state she thought that you were a couple. If that form does not apply to your situation or the Court will not allow you to use that form, you need to reinvent the wheel and apply for a traditional injunction.

If her order was based on using that form, then you should also be able to use that form.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
< Last | Next >
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/retiredlawyer/2012-6-6_19326_franL.64x64.jpg Fran L.'s Avatar

    Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2079
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/NA/nathanmoorelaw/2011-5-31_21375_headshotbig.64x64.jpg Nate's Avatar

    Nate

    Lawyer

    Satisfied Customers:

    1625
    Over 10 years of criminal defense practice.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Lawyer

    Satisfied Customers:

    1434
    30 years legal experience
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    1418
    16 yrs. of experience including criminal law.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1380
    Licensed attorney with 27 yrs. exp. in criminal law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Lawyer

    Satisfied Customers:

    1300
    Experienced in multiple areas of the law.
 
 
 

Related Criminal Law Questions