Have Legal Questions? Ask a Lawyer Now.
Good afternoon. I'll be assisting you with your question.
How far along in your case are you? Is the case over, or is it still ongoing?
Are just not happy with the outcome of the case, or did they mess something up that led to a bad result (something like missing a deadline)?
Well for starters the DA more then once threatened me with another arrest... Attorney said he talked her out of it.... but I had to agree to a ACD I think that's what it's called... anyhow the person who made the complaint was not the person the DA gave the order of protection to... and then added something about signs being posted of images and bearing the name of not the complaint... I told the Attorney I did not know what that meant and I wanted it removed.... but when I was given it it was on there!
How does this happen I'm not informed about what these additional charges are the DA just does whatever the hell they want to?
To answer your question directly, the DA can charge you with whatever they want. If you don't think the facts support what you are charged with, then you have the right to take it to trial.
The DA is under no obligation to tell you ahead of time that you are going to be charged.
We Live In America... Do We Not?
I have a charge of "Sexual Assault" against the person the DA gave the order to... they've yet to arrest her!
We do, but we've entrusted the district attorneys to make decisions regarding who they charge with crimes. If they had to tell people ahead of time, many people who may be charged with serious crimes may tamper with evidence, influence witnesses, or even run. Clearly, the law does not require the DA to tell people ahead of time what they will be charged with.
You can't charge anyone wit a crime...all you can do is make a complaint. The DA decides if there is enough evidence to bring charges.
I was also told the DA has 2yrs. to "Rearrest Me " is that so? Ok I made a complaint and they haven't moved on it!
If that is the amount of time left on the statute of limitations, yes. Again, just because you made a complaint, that does not mean the DA is required to go out and make an arrest. They have to investigate and decide on their own what to do and if there is enough evidence. I'm sure you can see the problems that would come up if DAs were legally required to arrest someone every time someone made a complaint.
Well they did in my case they took it upon themselves to find me "Guilty"... and no the ACD with the order of protection is for 6 months! I am meeting with the DA not ADA's of Man. this week I will be informing him of what happened... my concern is can the ADA rearrest me?
In all honesty, it would be impossible for me to tell you what the intends to do.
I am a community activist within the boro of Manhattan so I meet him frequently. No what I mean is if the Order of Protection is for 6 months and I don't violate it or get arrested on something else...and I bring all that has happened can I be rearrested?
Unless they dropped charges on something with plans to recharge you with that same crime, you should not be rearrested. Again, it is very difficult for me to tell you what the DA will do without knowing all the facts of your case. It would be dishonest of me to give you a certain answer on that, and would not be fair to you.
I appreciate your honesty... I was honest I was at the place they claim I wasn't suppose to be according to who I don't know, I have documentation of reason for being there... however they choose to go with I don't even know what and make this the crime of the century! Is there a possibility I through the DA himself get the Order Removed"?
Is there a possibility? Yes, there is always a chance. However, getting the attention of the DA in a jurisdiction like NYC can be very challenging.
Do you have any questions?
I know him from the "Volunteer Work " I do
Well, that would certainly help.
Yes another question, I am suing said person in Supreme Court and the NYSED and the Ethics Committee.... does my arrest have any negative effect with any of this! I'm not suppose to be near her job, home etc. but these lawsuits and complaints were in place before any arrest.
No, that should not impact your litigation. The only way it could is if you are called on to testify and it was used to damage your credibility. But, it will not prevent the litigation from going forward.
I hope that answers your questions!
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).