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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27767
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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If we speak here would the police or anyone else be able to

Customer Question

If we speak here would the police or anyone else be able to have access to our conversation?
JA: OK. The Criminal Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: No not yet
JA: Please tell me everything you can about this issue so the Criminal Lawyer can help you best. Please give me a bit more information, so we can help you best.
Customer: The father of my child kind of pushed me while holding our kid durning a argument now acs is involved the police are looking for him and this was a lot more drama then I originally thought it would be once I called the police
JA: Is there anything else the Criminal Lawyer should be aware of?
Customer: I just wanted him to leave and it really became a HUGE deal that I didn't think it would have been is there any way all of this can be dropped and stopped?
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Criminal Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Criminal Law
Customer: replied 1 year ago.
But on the police report it says he slapped me while I was holding our son can this just be dropped all together I'm so mad at myself for even calling
Expert:  Zoey_ JD replied 1 year ago.
Hello, This is a public website and these question threads are searchable online. That said, however, there would be no way that this thread could be linked to you, since your name and other particular identifying details are not mentioned anywhere on the thread. Many people have difficulty with ACS or wish to drop domestic charges. Even if the police or prosecutor did see this thread, all they would know is that it was posted by JACUSTOMER-w9nhprwv- . Please let me know if you wish to proceed by replying to this question thread.
Customer: replied 1 year ago.
Okay , I wish to proceed then
Expert:  Zoey_ JD replied 1 year ago.
Thanks for the quick reply. Give me a few minutes to type up a complete answer. Once something like this is set in motion it becomes very difficult to undo. You started this matter, but only the state prosecutor can finish it. This case no longer belongs to you. You are, however, the chief witness in the case, and without your testimony the state cannot win. So the prosecutor will give some deference to your opinion. But he is the one who holds all of the cards and who has involved ACS. What you need to do is to call the prosecutor's office and ask for the name and phone extension number of the prosecutor handling the case against your baby's father. Then you need to talk to that person and see whether you can convince him that involving the police was just a mistake on your part, that you were never really at risk, that you don't need a protective order, and that you want charges against your baby's father dropped. Chances are that the prosecutor will be unmoved at least in the beginning. He has the power to go forward whether you want to or not and can subpoena you and compel you to testify against your baby's father or face contempt charges. He may even threaten you with the loss of your child, since ACS is involved, if you insist on having your child live in an unsafe environment. If the prosecutor won't drop the charges, the only thing you can do is to speak to your baby's father's criminal defense lawyer. Tell him that you've been trying to drop and that the prosecutor won't let you and ask what you can do to help. Generally, once a defense lawyer knows that the complainant is not really interested in proceeding, he can bring that information to the attention of the judge. That doesn't always yield a dismissal, but it does get the judge to press the DA for a quick resolution to the problem, and usually something favorable to the defense can be worked out. As far as ACS is concerned, there's no calling them off. They are mandated to make sure that children live in a safe environment and they will investigate you. You don't have to let them in if they don't have a warrant, and you don't have to talk to them without a lawyer, but in the end, they will get that warrant and if they can't talk to you out of court, they can take you to family court. You should consult locally with a family lawyer, if ACS has taken your child from the household.
Expert:  Zoey_ JD replied 1 year ago.
Apparently, your payment for the phone call did not go through, so I am unable to accept it. If you wish a call, you have to straighten that out with your carrier or with JustAnswer's customer service. If you'd rather not have the call, we can continue our dialogue here on the question thread.
Customer: replied 1 year ago.
So there's nothing I can do basically ? I'm the victim of domestic abuse and now I'm being treated like a criminal having people come to my house every two weeks to do visits having acs involve my whole family having them call my o.b and my sons pediatrician all because I wanted my sons father to leave the house because he was being violate ? I Can't Do Anything About This Then.. Never again will I call The police for help. NEVER.
Expert:  Zoey_ JD replied 1 year ago.
Sorry for the delay. I had to take my dogs out for their morning walk. I've told you what you can do. If you're the victim of abuse and you want help from the system, this is how you get the help. That is, the authorities are not looking to hurt you. They are looking to go after your baby's father and to make sure that you and your child(ren) are unharmed. It is a known fact that many violent spouses/domestic partners threaten their spouses/partners with more severe violence unless they drop the charges. This is why the state is usually not inclined to assist complainants in dismissing a domestic violence case, at least until the case has gone on long enough to show that the complainant and child are at no real risk. I have told you what you can do if you wish to drop charges. You must try to convince the prosecutor that you don't want to go for*****, *****'t need to go forward and that nobody has forced you into changing your mind. You should get yourself a local family lawyer to deal with ACS, because otherwise, they will step all over your rights. But you can't have this both ways. That is, either you are a victim or you're not. If you're the victim, then you have to let the state do what it needs to in order to protect you and your child. If you're not a victim, then you have to try to drop and, if unsuccessful, enlist the aid of your family lawyer and the defendant's criminal lawyer to help change the prosecutor's mind.