Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.
Good morning. I am sorry to hear about what you are going through and certainly understand the situation. This can be very tough and is scary to deal with. The most important thing right now is to make sure and do what you can, to have the charges dropped against you. This way, you will not have a criminal record. The crime of assault is against the State of New York, with him being the "victim". The State represents his legal interest and it is the State who decides if the case will proceed or not, assuming you fight this and take it to trial. That depends on his cooperation. If he fails to appear at trial and cooperate with them and remains in California, the State will not have a victim/witness to proceed and will likely drop the case. You stated above that you wanted to press charges against him for:
pain and suffering for his false accusations causing me to spend the night in jail
petty larceny for stealing the camera plus the things I bought for it
Breaking and entering and or criminal trespassing and vandalism for breaking open the locked bathroom door
and lastly something that relates to intrusion.
All of those are criminal offenses except the one for pain and suffering, which is civil and would require you to file a report and allow the police to investigate the matter. If there is enough evidence, the police could then proceed to arrest and charge him, turning over the case to the State, for prosecution. In the event that the State does not think there is enough to proceed, you would then need to file a civil lawsuit against him for the items taken which belong to you and the damage caused. If he was charged criminally, the State would try and obtain restitution
for you, so you would not have to do this. Since a lot of these things stem from the alleged assault, the police may think that you are trying to retaliate against him and things which are said could be used against you in your case, which is why the attorney you spoke said to not speak with the police. The main advice which you need to rely on is that of your current attorney, since they need to act in your best interest. They know the case, have a plan of attack and will and should advise you about trying to file any new charges. The statutory rape charge is certainly the most serious and separate and apart from the incident that took place at your apartment. You need to remember that if you start trying to sue him and get charges filed, he may be more willing to cooperate at that time, to see that you are prosecuted. Of course, this should not matter if you have a legal defense and are going to fight this at trial but something to be aware of.
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