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N Cal Attorney
N Cal Attorney, Lawyer
Category: Criminal Law
Satisfied Customers: 9389
Experience:  Since 1983
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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: 7 years ago.
Category: Criminal Law
Expert:  N Cal Attorney replied 7 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 7 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 7 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 7 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 7 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 7 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 7 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 7 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 7 years ago.
is the Court form to apply for an order against harassment.
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 7 years ago.
Queens county
Expert:  N Cal Attorney replied 7 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 7 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 7 years ago.
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.