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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27447
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Hi Fran, Its me again...You have helped me in the past. My

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Hi Fran, It's me again...You have helped me in the past. My bogus laptop theft charge and subsequent felony charges was dismissed this past February. I'm in the process of negotiating with one of my former partners (He is trying to lay most of the blame on the other partner). My question is if this partner didn't file the initial false police report but when asked by the ADA to go in to speak to her regarding the case and he purposely and knowingly lied to the ADA regarding the felony charges (i.e. that he met me at the Hotel where I extorted him), can he be prosecuted criminally? I know the person that filed the initial false report could be prosecuted...but not sure if the other partner made the claims/filed the charges and this particular partner just went along and knowing lied to the ADA when she interviewed him. Is it a crime in NY?

Perjury is a criminal offense in NYS. In point of fact, however, the DA's Office is reluctant to chill the rights of those who wish to come forward with and report a crime. It wouldn't do to have victims of crimes afraid to report it lest they get something wrong and the state presses charges. So in my experience they don't generally bring the charges. There are exceptions of course and if you feel strongly enough about reporting this and trying to get charges pressed you certainly should try. Both defendants could be charged with it if the DA wished to proceed with it.

Customer: replied 5 years ago.
That seems really unfair if I can proof 100% that they lied and was a malicious and preemptive move to discredit me in case I had them investigated for fraud. SO anyone can throw people in jail and have no punishment. If I feel that the Police was in collusion with one of the former partners and that the ADA won't hear my case, then who can I go to? Who police the DA?

Unfair or not, the DA has the exclusive right to decide for himself what cases to prosecute and in what manner.

I cannot tell you to a certainty they won't be interested in prosecuting your case. All I can tell you is what I have seen as a general policy. There are, as I have already said, exceptions. But just as former defendants find it hard to find a lawyer to sue the County for prosecuting them after a jury acquittal, former defendants also can find it difficult to get the state's witnesses arrested for lying during the course of the investigation and the case.

If the police are not interested in turning the matter over to the DA, you can go to the DA and report the offense to them directly. But if the end result is that they tell you that you should pursue your remedy in civil court, there is nobody to whom you can appeal. The President himself cannot order that a DA take on a case he/she doesn't wish to prosecute. Your only remedy then would be to sue your former partners.

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