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 Zoey_ JD Your Own Question
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23566
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
18321761
Type Your Criminal Law Question Here...
Zoey_ JD is online now
A new question is answered every 9 seconds

I was arrested on false charges and the Police dept.(105th

Customer Question

I was arrested on false charges and the Police dept.(105th Precinct in Queens) the arrest was made after a female neighbor made false charges that I broke into her apart. and beat her and her daughter up. I wasn't even home on the supposed day. but was arrested anyway. when I showed my proof the Police just said let the lawyers get you out. But it is listed as an E Felony charge, and I'm scared. this female is a low life liar. Help
JA: What state is this in? And can you tell me a little more about the charge?
Customer: New York,
JA: Has anything been filed or reported?
Customer: until this arrest, I have never been in trouble with the law!
JA: Anything else you want the lawyer to know before I connect you?
Customer: I have proof that the supposed door I suppoedly kick in, was impossible to do it onthe day they said. It was kick in the month before and I did call the police 911. when they came , they said it looks like someone tried to get in but they didn't. I asked for a report, they said I didn't need one. I repeated my concerns, they wouldn't give me a report. the next month, the same door is being used as I kicked it in.
Submitted: 1 month ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 month ago.

Hi,

I'm Zoey and I'll be assisting you. I'm reviewing your question now. Please be patient while I research and compose a reply for you.

Customer: replied 1 month ago.
i AM LOOKING FOR A REAL LAWYER! I DO NOT LIKE COMPUTER GENERATED LAWYERS, OR MUCH ON A COMPUTER. I AM DISABLED AND HAVE HAD MY RIGHTS AS A HUMAN BEING TAKEN AWAY! I DIDN'T DO ANYTHING BUT DISLIKE THE DISRUPTIVE NOISY NEIGHBOR- SHE FILES FALSE CHARGES WHEN I'M NOT EVEN HOME AND I GET ARRESTED AND TREATED LIKE A CRIMINAL! I AM ANGRY!
Customer: replied 1 month ago.
HOW DO I GET A REFUND? I DO NOT HAVE MONEY TO WASTE ON NOTHING!
Expert:  Zoey_ JD replied 1 month ago.

If you don't want to talk on the computer, we could communicate by telephone. But that is a premium service requiring an additional fee.

If you want to know more about that, I can send you the information, and you can either pay for the premium service or communicate here.

I'm not a computer. I'm a real lawyer who has practiced criminal law in NYS since 1989.

But if you want a refund, please go to***@******.*** and ask for one. That's customer service. They're real too.

Customer: replied 1 month ago.
THE WELFARE FEMALE UPSTAIRS FILED CHARGES ON ME ON THE DAY IN QUESTION, I WASN'T EVEN HOME AND I HAVE PROOF! I ALSO HAVE PROOF THE DOOR SHE SAYS I KICKED IN WAS KICKED IN THE MONTH BEFORE! I CALL 911- THEY FAILED TO TAKE A REPORT, THEN A MONTH LATER NETTIE BROOKS (THE WELFARE FEMALE) SAYS I DID IT. AND THAT I BEAT HER AND HER DAUGHTER UP! I AM DISABLED AND HAD NO WAY TO DO ALL THIS DAMAGE!
Expert:  Zoey_ JD replied 1 month ago.

I understand that. I also know you're angry. It takes time for me to type an answer though. So I'd ask you to be patient while I do, please.

Customer: replied 1 month ago.
I HAVE A 'LEGAL AIDE LAWYER THAT SAYS IF I DON'T MOVE OUT BEFORE THE NEXT COURT DATE- I WILL BE INDITED ON AN E FELONY CHARGE! I DON'T DESERVE TO GO TO JAIL! SHE BELONGS IN JAIL!
Expert:  Zoey_ JD replied 1 month ago.

In order to charge someone with a crime, all the police and the DA need is something called probable cause. Probable cause is just a reasonable belief that you committed a crime. It doesn't take much evidence for that and the words of a complainant -- even if she's just a good liar -- can be enough to start the arrest process. That's what's happened with you.

I'm still typing but I wanted to give you something to start with. And I'll keep the information coming.

Customer: replied 1 month ago.
THANK YOU FOR THAT. THAT IS THE FIRST TIME SOMEONE HAS SHOWED ANY COMPASSION TO ME.
Customer: replied 1 month ago.
I HAVE SPENT 3 DIFFERENT DAYS IN JAIL BECAUSE OF THIS LIAR! I AM TIRED OF IT.
Expert:  Zoey_ JD replied 1 month ago.

Unfortunately, once the police have probable cause, they can turn the matter over to the DA for arrest and prosecution. They do not have to investigate further.

For whatever reason, they believe this complainant and are standing behind her.

BUT as easy as it is to get arrested, that's how difficult it is to get convicted. Because in order to convict you of this crime, the state has to prove you committed every element of this crime, beyond a reasonable doubt. There is no legal burden of proof harder to meet than the prosecutor's burden.

I'm stiil typing. (and you're welcome).

Customer: replied 1 month ago.
IT IS BECAUSE OF A PROBLEM IN DECEMBER! A BAD LAWYER HAD ME BELIEVE IT WAS BETTER TO PLEAD GUILTY TO A LESSER CHARGE JUST TO GET OUT OF CRIMINAL COURT! HE SCREWED ME! BECAUSE THOSE WERE FALSE CHARGES ALSO! THE FEMALE DOESN'T LIKE ME AND WANTS TO LIE ME OUT OF MY RESIDENCE! I WOULD LIKE TO GO, BUT CANNOT FIND ANYTHING ELSE THAT I CAN AFFORD! I HAVE NO FAMILY AND NO WHERE TO GO!
Customer: replied 1 month ago.
THEY PROVED THE FEMALE IS A VERY GOOD LIAR! THERE WAS NOTHING TO PROVE, I WASN'T EVEN HOME, YET NO ONE WILL LET ME SHOW ANY PROOF! I DON'T UNDERSTAND THAT.
Expert:  Zoey_ JD replied 1 month ago.

Now that you're in court, is where your evidence comes into play. If you want to fight this case, you've got a lawyer and you have to share the evidence that you have with your lawyer.

The police should have an incident report of some sort, or at least a memo book entry showing that they made a call to your home to see about your damaged door. Your lawyer can subpoena that. I don't know the nature of your disability, but if you are saying that you were not physically capable of committing the act of which you're accused, you can sign a release with your doctor allowing him to get medical information from your doctor attesting to your condition, and that will be of help.

As to your housing, if you have a Legal Aid lawyer, the Legal Aid Society has social workers on staff who should be able to assist you with your housing issues. This is something else you'd have to ask your lawyer about.

Customer: replied 1 month ago.
THE ONLY THING THEY CAN HAVE IS HER WORD! I WASN'T HOME ON THE DAY SHE SAID I DID ALL THIS!
Customer: replied 1 month ago.
I WANT TO MOVE TO NASSAU COUNTY, I HATE THE CITY ZONE! I AM A COUNTRY GIRL, NOT MADE FOR LIARS AND CORRUPTION.
Expert:  Zoey_ JD replied 1 month ago.

There are rules in criminal court. It doesn't work like it does, say, on television on Judge Judy. You just don't get in and get to say your piece. If you want to fight your case, there are times and places when the court can see or hear your evidence. You have to talk that over with your lawyer and find out his or her strategy for the case.

Cases like this are what we call he said/she said cases, because one party claims one thing, and the other denies it and says another. The jury gets to hear both sides and sorts it all out if the case goes to trial. A judge will tell the jury that the words of one witness -- if believed beyond a reasonable doubt -- can be enough evidence to convict a defendant.

So it will be up to your lawyer if this case goes to trial to try to show this woman to be a liar. With the evidence you say you have, your lawyer ought to be able to put reasonable doubt into the minds of the jury with regard to her testimony. If he can do that at trial, you can't be convicted of this charge.

Expert:  Zoey_ JD replied 1 month ago.

Then, if it's clear there was no merit to the case to begin with and she was outright lying, you can look into suing her civilly for malicious prosecution.

Customer: replied 1 month ago.
THE INCIDENT SUPPOSEDLY HAPPENED ON JUNE 14TH, I HAVE PICTURES FROM MAY 11TH WHEN I CAME HOMEFROM THE HOSPITAL TO FIND THE DOOR KICKED IN FROM HER SIDE. I HAVE TIME/DATED STAMPED PICTURE ON MY PHONE. I CALLED 911 AND THEY CAME, I ASKED THEM FOR AN INCEDENT REPORT AND THEY SAID, "IT LOOKS LIKE SOMEONE TRIED TO GET IN, BUT THEY DIDN'T SO THERE IS NOTHING WE CAN DO." I RESPONDED BY ASKING FOR A REPORT THAT SAID THEY HAD SEEN THIS SO MY LANDLORD COULD NOT CHARGE ME WITH IT. THEY SAID NO AND LEFT, THEN SHE USED THIS SAME DOOR AND SAID I DID IT A MONTH LATER.
Customer: replied 1 month ago.
IF I COULD GET POLICE RECORDS OF THE DAY(MAY 11, 2016 AROUND 4:40 THROUGH 5PM) IT CAN PROVE THEY WERE CALLED. THEN THE 105TH PRECINCT CAN FIND OUT WHICH OFFICERS CAME HERE AND QUESTION THEM!
Customer: replied 1 month ago.
the lawyer is not a man! it is a short chubby female, that doesn't worry about getting proof of my innocents! she doesn't care if I go to jail or not!
Expert:  Zoey_ JD replied 1 month ago.

You already have time-stamped photos of the door. The 911 call is probably erased by now, but the police will have a memo book entry or something else that can account for their time. Your lawyer can subpoena all of that if you are going to fight this case and go to trial on it.

If you don't think your lawyer is helpful call the Legal Aid Society and ask to speak to her supervisor. Complain and let him know you don't think she is showing any interest in your case, that you're innocent, and that this is going to be a trial case. The supervisor will tell the lawyer to shape up.

If the lawyer doesn't, you can ask the judge to have your lawyer relieved and a new public defense lawyer appointed. Generally a judge will make one change of free counsel if there is a poor fit between a lawyer and a client.

Customer: replied 1 month ago.
I also have a T.B.I. and I get upset easily. I am also just coming from having a revision surgery, I cannot even walk without crutches, as there was no way that I could have kicked in the door from their side either. I have gone through 17 surgeries. I have help when I have to lift things and when I walk, I couldn't go up the steps with my right leg. and the kicked in door was a right foot kick.
Customer: replied 1 month ago.
all my surgeries are DOCUMENTED! I have been disabled since my accident in 2001! I don't fight anything physically, I am incapable!
Expert:  Zoey_ JD replied 1 month ago.

Your lawyer has to see all that. Then she can bring this to the attention of the DA or, if she feels that the DA is taking a hard line and won't dismiss no matter what, then she saves it all for a jury and it comes in at trial.

This sounds like you have very good evidence.

Customer: replied 1 month ago.
how do I sleep and no worry? I have never been arrested before! I have been investigated by the F.B.I. to get a Security Licence! they came up with nothing! Now my record has been scraped! It hurts!
Customer: replied 1 month ago.
I grew up in Suffolk County, I was used to being on the good side of Police in my area! I never got in trouble! I actually helped two Suffolk County cops get their detective badges, by helping clean up a drug ring in the Port Jefferson Area in the early 90's.
Expert:  Zoey_ JD replied 1 month ago.

If you beat this case, New York State will seal your record and all records of the case will be destroyed. You can even get your prints back.

The trick is to work with your lawyer, and if you and she are never going to be on the same page, tell that to the judge so that he can appoint someone who will be.

I hope this all works out for you.

If I have addressed all of your concerns, please take the time to rate my service to you by selecting 3, 4, or 5 stars, as that is the only way that JustAnswer gives us Experts credit for our work here. You would still be able to ask further follow ups about this incident for no additional cost, even after I've been rated.

Customer: replied 1 month ago.
okay, but at this point I don't trust any one! the have already told me if I can prove she has been lying, then they will arrest her. AND FROM THE BOTTOM OF MY HEART - I WANT HER TO BE ARRESTED! AND THEN BECAUSE I HAVE A WITNESS THAT SHE DID THIS TO THE TENANT BEFORE ME- I WANT HER TO GO STRAIGHT TO THE JAIL ON RITKERS ISLAND!
SHE IS A STALKER !
Expert:  Zoey_ JD replied 1 month ago.

All I can do at this point is to wish you good luck. You've got good material to work with.

Customer: replied 1 month ago.
thank you. but this didn't do much. :(
Expert:  Zoey_ JD replied 1 month ago.

There was nothing I could say to change your situation. I can't make your arrest go away. But I hopefully provided you with some direction with regard to getting your lawyer to pay more serious attention and told you what evidence might be useful for your lawyer to get or to have.

I wish you the best with your case.

Related Criminal Law Questions