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Nate
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Experience:  Over 10 years of criminal defense practice.
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I was charged with "Crimminal Trespass" However the DA tried

Customer Question

I was charged with "Crimminal Trespass" However the DA tried to add Stalking Charges....and "Rearrest" me... supposedly Attorney said he talked her out of it. I recived an ACD with an order of "Protection" for 6 months... but the part that pisses me off is there some nonsense about "Flyers" in Re: to the person who is not even the one who made the complaint! Can I "Sue" the DA ? Or what can be done to have that nonsense removed from order? Thank you
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Nate replied 1 year ago.
Thank you for your question. Be sure to go ahead and bookmark www.nateanswers.com for future questions.

I will be happy to assist you. What exactly is meant by "flyers" in the order?

Let me know that additional information and I will get right back with you.

Thanks!
Nate
Customer: replied 1 year ago.


It says "Refrain From posting signs bearing the name and image of said person!

Expert:  Nate replied 1 year ago.
Okay. What allegedly happened to have that included in the order?
Customer: replied 1 year ago.


I don't know all I know is the DA told "Attorney" there were signs posted in and around this persons home and work.... and she could have me "Rearrested" if I did not accept the 6 month order ACD... "Attorney " said either take it or She will "Rearrest" you. I am a 58 yr. old "Disabled Widow" I don't do well in Jail so I took it not knowing anything about signs being part of it and once again being accused of something I did not do.

Expert:  Nate replied 1 year ago.
What you would need to do to have that provision removed is file a Motion to Amend Protective Order. The court will hear evidence or the lack thereof regarding that condition and issue a ruling.

Keep in mind, if you do that, it may irritate the district attorney and the additional charges may be filed. That is within their discretion. There is no way to sue the district attorney's office unless you can demonstrate what the prosecutor did rises to the level of malicious intent.
Customer: replied 1 year ago.


Ok, but the reality is said person was not the person who filed the complaint.... I have "Sexual Assault Charges " against said person... that the DA has not yet heard because I was arrested on these "Bullshit Charges" so I believe they gave the "Sexual Predator " an order of "Protection " against the Person she "Sexually Assaulted" ! WTH!

Expert:  Nate replied 1 year ago.
Added conditions are typical in order of protection situations. If you did not realize that was a condition until after you agreed to it, the fault would lie with your attorney.

Typically in the justice system, a lot of credibility goes to the person who complains first. If there is any shred of evidence, courts and prosecutors tends to side with the person who files the request for the order of protection.

At this point, you just need to contact the district attorney's office and tell them you have a crime to report and that you want to press charges. It will then be up to them whether they believe there is enough evidence to prosecute this person.
Customer: replied 1 year ago.

I did that and they yet to meet with me... also I was speaking with the DA' s office long before all of this took place.... so I feel I was Railroaded by the DA! I am suing the Dr. in Supreme Court and I'm sure this is why She had them add trumped up charges because the "Crimminal Tresspass " was a "Bullshit " charge.

Expert:  Nate replied 1 year ago.
It is quite possible that is what is going on. People use the criminal justice system to harass people in civil suits all the time. If the district attorney didn't think there was enough evidence to prosecute, they have that discretion. I suggest you contact the local police and tell them you've been sexually assaulted. They will assign a detective to investigate the case. If the detective recommends prosecution, usually the DA will go along with it.
Customer: replied 1 year ago.

I'm sorry to keep going on here, however I am in NYC. I did file charges with the police and they said they gave it to the DA and the DA would be handling it... The DA has yet to meet with me.

Expert:  Nate replied 1 year ago.
It is then up to the DA. If they choose not to pursue it, there's not much you can do past that but contact the newspaper and see if some bad press would change their mind.
Customer: replied 1 year ago.


The DA's mind? I know Cy Vance the DA of New York I am trying to set up a meeting with him this week. Well I know him through the community work I do... I am a community activist. I don't know how he will see thi, any thoughts?

Expert:  Nate replied 1 year ago.
You might as well mention it to him. It certainly cannot hurt and he may look into it and order the prosecution.
Nate, Lawyer
Category: Criminal Law
Satisfied Customers: 10633
Experience: Over 10 years of criminal defense practice.
Nate and 8 other Criminal Law Specialists are ready to help you
Customer: replied 1 year ago.


Hi, I have another question do I ask you or go back to the beginning!

Expert:  Nate replied 1 year ago.
No problem. You need to start a new question and we can address it from there.

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