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My neighbor had me arrested for assaukt after he verbally…

Customer Question
My neighbor had me...

My neighbor had me arrested for assaukt after he verbally attacke me and my girlfriend now i have a desk ticket and there is talk about a restraining order against me

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

I am also in an interracial relationship so the taunting from my neighbor was intentional and prejudice it has been going on for weeks but we never had proof so we could not do anything my neighbor finally pushed me over the edge, because he was drunk and irrate

Lawyer's Assistant: Have you talked to a lawyer yet?

No, I was just released this morning I am also a college student

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Im also in new york

Submitted: 7 months ago.Category: Legal
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Answered in 4 minutes by:
12/6/2017
Lawyer: Law Educator, Esq., Attorney replied 7 months ago
Law Educator, Esq.
Category: Legal
Satisfied Customers: 125,956
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

You can file a complaint regarding hate crimes with the local DA and present him evidence that the neighbor is harassing you and attacking you based on the interracial relationship and seek to press charges against the neighbor through the DA. Unfortunately, if you do not have evidence to support your contentions, the police nor the DA can pursue the matter any further.

As far as the assault, you need to get a local attorney and you are entitled to a public defender if you cannot afford a local attorney to represent you. Most of these cases end up dismissed or with Deferred Adjudication (ACD), but they could potentially convict you and it would usually be only a fine on a first offense. The restraining order is a bit more difficult, since you do live in the premises and so does the neighbor and it could be difficult to avoid him, but you will have to figure out how to do so until the court drops that order against you.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 7 months ago
Thank you
Lawyer: Law Educator, Esq., Attorney replied 7 months ago

Thank you for your reply.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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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.

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