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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16237
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I me t with an unwanted incident at my work place. I didnt

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I me t with an unwanted incident at my work place.
I didn’t notice that I had brushed another car in the parking lot. I was cited by the police officer by the misdemeanor summons for evading responsibility. Even though I appologised to the police officer and told him that I didn’t notice it and willing to take full responsibility. I called my insurance company as he was writing me the ticket.The incident happened on 25th may2010. I am asked to appear in court on 6th june 2012.
I want you to kindly comment on the following actions of th officer .
1) He refused to share any details of the other person and any details regarding how much damage has been caused to his car. He just said its very minor.
2) He did not gave my insurance information to the other party and neither informed him that I was calling my insurance to open up a claim at the sam time when he was issuing me the ticket.
3) I somehow found out the other persons phone no. and contacted him and got his car fixed thru my insurance. I also promised him via promissory note that I am ready to personally meet any other expense that insurance was trying to avoid. I just wanted to make him satisfied.
4) Today when I met the officer again and told him that the other person is willing to withdraw charges and is happy with his car fixed. He said he won’t be able to give me the accident report even until 8th which is after my court appearance date. He said the report is ready and already in court but due to some administrative reason he cant issue me the report.
I feel that I am not being fairly treated by the officer ( please let me know if I am wrong)
He dint let both sides know the contact information so that the other guy cant get the car fixed and remain angry about the incident till the court date.
He is not giving me the accident report in time …. I don’t know why?
Please help me understand this situation.
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 2 years ago.
Hello,

While I'd love to say the police officer is the culprit here, in fact, he's telling you the truth. The paperwork no longer is his to give you. Once a case has been filed against a defendant, the police reports become the property of the State Attorney and consitute discovery material. Once you go to court, your lawyer should be able to get a copy from the prosecutor.

As you should have a lawyer for your case anyway -- even though it is not a serious offense, you don't want a misdemeaonr conviction if there's any possible remedy -- if you put him on it now, before the court date, he might be able to secure a copy for you.
Customer: replied 2 years ago.
thank you for answering my question.

But why was he not letting the other guy know my insurance information.
why he didnt wnated me to speak to him

now that he knows any ways that i have spoken to the other party can he harm me more?
can he call the other person and ask him not to wothdraw charges?
Expert:  Zoey_ JD replied 2 years ago.
Hello,

He couldn't let the other person know the information for the same reason. The case is out of his hands. If he is the complainant against you on the misdemeanor the police officer actually did you a favor. Any attempt to persuade him not to cooperate with the State Attorney could be construed as witness tampering, which is a more serious offense than what you are charged with now.

When you are a suspect or a defendent in a criminal matter, the last person on earth you should be speaking freely to about the incident is the police. The officer is not on your side. He has cited you for a misdemeanor. Any information you tell him can be used against you.

I cannot guarantee that he will make things worse for you, but you have certainly given him some ammuniton by taking this into your own hands rather than waiting for your court date. The prosecutor should be reaching out to the complainant before the date, and if the complainant wishes to drop the proceedings against you, he can make that clear at that time. The state does not have to drop charges, however.

Here's the statute under which you are being prosecuted and what the state will have to prove against you to convict you if you wish to try this case. (See Link)

Customer: replied 2 years ago.
i understand what you are saying,

does that mean that i am more closer to conviction?

even though i am pleading not guilty on the basis that i didnt have the knowledge that i was in an accident. because the mirror to mirror ws so minor .
Expert:  Zoey_ JD replied 2 years ago.
Hi,

Sorry for the delay. I went outside to walk my dog.

Basically your charge is a hit and run, and your defense will be that what happened was so minimal that it wasn't an accident,

I cannot say that you're closer to conviction. I don't know nearly enough about this to be able to tell. All I was telling you was what any defense attorney would say to a suspect or a defendant, which is do not talk to the police about the incident. It doesn't have to hurt you. But it will never help you, so the better position would be not to talk in the first place.

Have a lawyer with you when you go to court to plead not guilty on the 6th. He may be able to bargain this down to some kind of civil violation or to some other kind of a disposition that would protect your record. And he can advise you of the strengths and weaknesses of your case if you'd rather go to trial.
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16237
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
Expert:  Zoey_ JD replied 2 years ago.
Hi,

I'm just following up with you to see how your court date went. Was it what you expected?

Let me know,

FranL
Customer: replied 2 years ago.
hi I am sorry i was not checking this website & couldnt see your question earlier.

But thanks for you concerned gesture .

my court date is on 6th june (tomorrow).

In the meantime there are some strange things happening. the other party Guy called us yesterday night and offered to help by appearing in court in front of the judge and speak on our favor. he proposed that he wants to say to the judge that he doesnot feel that it was a delebrate hit and run and it could be just an oversight.
we were happy to know that thinking that it might be positive for us tomorrow in the court.
but today mornning when i tried contacting him . He is not taking our calls.
I am sensing some bad intentions.
could he harm us any more?
can he appear in court and insist on prosecuting and convicting me and disrupt my lawyers efforts to get the case dismissed?
please advise.
Expert:  Zoey_ JD replied 2 years ago.
Hi,

Interesting development. Don't call him again. It may get the prosecutor angry and get you a new charge for trying to tamper with a witness. If he wants to show up and speak to the prosecutor and the court and say he'd like to drop charges, he'll do it.

If he doesn't show up, you can tell your lawyer about the call, and he can make the record in court that the complainant reached out to you to tell you he wished to drop charges, and he can ask the prosecutor to talk to his witness and find out if that's true.

Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16237
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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