Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

My friend was arraigned 5 and 1/2 months ago on a felony…

My friend was arraigned...

My friend was arraigned 5 and 1/2 months ago on a felony assault charge My friend was indicted in NYS for felony assault. The person that was assaulted has refused to cooperate, and wants the charges dropped. He told the ADA that he was too drunk to remember anything- he has had a history of exxtentded blackouts when he drinks. The ADA told him that drunks make bad witnesses. Although he had an abrasion, and was taken to the hospital he refused to release the hospital records that the DA wanted. There has been no Grand Jury and in two weeks it will be 6 months. He has appeared in court twice already and each time the ADA says that they are not ready to move forward. His attorney says that the case will be dismissed on the next appearance. What are your thoughts?

Lawyer's Assistant: What state is this in? And can you tell me a little more about the charge?

NYS. In a drunken fight he was hit in the head with a glass by another drunk.

Lawyer's Assistant: Has anything been filed or reported?

Yes. He was arraigned 5 and 1/2 months ago.

Show More
Show Less
Ask Your Own Legal Question
Answered in 1 minute by:
3/8/2018
Nisha Jones
Category: Legal
Satisfied Customers: 3,487
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified

Good afternoon, I am a Criminal Defense attorney and former Prosecutor for the State Attorney's Office, and I'll be answering your questions today. Keep in mind JustAnswer provides general legal information only and does not constitute legal advice. Please allow me just a few minutes to review your question, thank you!

Ask Your Own Legal Question

I'm sorry to hear about your friend's situation.

His attorney most likely is correct, this appears to be a case that ultimately will be dismissed.

If the alleged victim is uncooperative with the prosecution or simply cannot remember the events that occurred, and if there is no other physical evidence (such as a video recording) and there are no other witnesses that can testify -- then the state will not have enough to prove the case and will have to announce a dismissal.

I hope that helps!

Please let me know if you have any other questions. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more (5 stars are always appreciated). The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

Ask Your Own Legal Question
Customer reply replied 4 months ago
The way that the police got involved was that he called 911 for an ambulance and the police showed up. He was so drunk he did not know what happened.Apparently the police quarter backed the statement and took pictures and bagged the glass. My additional questions is since he has already appeared twice, and it is now 2 weeks from six months, is it likely that his defense lawyer has spoken to the ADA, and that is why he is confident that the case will be dismissed.

Yes it is very possible that his attorney has been in communication with the prosecutor, and that the prosecutor may have already told him of their intent to dismiss the case at the upcoming court date.

Of course the best person to confirm this would be your friend's attorney.

I hope that helps!

Don't forget to rate so I can be credited for my time and help with your question, thanks!

Nisha Jones
Category: Legal
Satisfied Customers: 3,487
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified
Nisha Jones and 87 other Legal Specialists are ready to help you
Ask your own question now
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Nisha Jones Your Own Question
Nisha Jones
Nisha Jones
Nisha Jones
Category: Legal
Satisfied Customers: 3,487
3,487 Satisfied Customers
Experience: Managing Attorney at Nisha Jones Law, LLC

Nisha Jones is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

24,657 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

22,408 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

44,066 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

300 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

17,183 satisfied customers

Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

< Previous | Next >

Related Legal Questions
I have a question about criminal possession for a weapon 3rd
I have a question about criminal possession for a weapon 3rd degree in ny … read more
Zoey, JD
Zoey, JD
Doctoral Degree
194 satisfied customers
I was in a scores strip club in Tonawanda NY i had heard
i was in a scores strip club in Tonawanda NY i had heard there was a racist over tone there but its not too far from where i live i randomly walked in and wasn't there for 5 min and a heavy set stripp… read more
Zoey, JD
Zoey, JD
Doctoral Degree
194 satisfied customers
In a criminal case, can an indictment substitue for a
In a criminal case, can an indictment substitue for a criminal complaint, even though you need a criminal complaint....in Ohio..ohio law...thanks … read more
Zoey, JD
Zoey, JD
Doctoral Degree
194 satisfied customers
I was arrested for aggravated assault (5 counts). Now that
I was arrested for aggravated assault (5 counts). Now that the facts are becoming clearer. They want to draft a letter of no prosecution. My question is. If signed what will appear on my record ? … read more
Zoey, JD
Zoey, JD
Doctoral Degree
194 satisfied customers
My boyfriend was arrested and charged with a felony robbery.
my boyfriend was arrested and charged with a felony robbery. In the meantime my car was impounded because the police says it's evidence in the case. When I Went to try and retrieve the car, the police asked me if my boyfriend had told me anything. I said that all I knew was that he fought with someone who owed him money. They later found out the person was lying altogether. But my boyfriend is saying I am the reason why they indicted him. I feel like crap … read more
Zoey, JD
Zoey, JD
Doctoral Degree
194 satisfied customers
I'm in tx. Can a charged be deferred before it goes before
I'm in tx. Can a charged be deferred before it goes before the grand jury? In other words, is there any way to "take care of it" before grand jury? We live in a very small town. Would rather it not be… read more
Zoey, JD
Zoey, JD
Doctoral Degree
194 satisfied customers
Ok I got a question. I know some basics about law. Im in but
Hi. Ok I got a question. I know some basics about law. … read more
Zoey, JD
Zoey, JD
Doctoral Degree
194 satisfied customers
When appealing a criminal case. The record has Filed Minutes
For Paul, when appealing a criminal case. The record has Filed Minutes of Testimony 2/15/13 Order for Arraignment 3/5/13/ 9:30 am 2/15/13 Order for Continuance ARR 3/19/13 9:30 am 3/7/13 Order for Con… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
44,066 satisfied customers
HelloI have a very specific question about medical licensing.
Hello I have a very specific question about medical licensing. I am currently a 3rd year medical student in NY. Recently I got involved with some criminal activities and may face a conviction of forge… read more
Zoey, JD
Zoey, JD
Doctoral Degree
194 satisfied customers
This is for part of a novel. The questions are how the following
This is for part of a novel. The questions are how the following offenses are likely to be charged and to proceed through trial. They are committed in the late 1980's, by a white man, Gib, a semi- edu… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
44,066 satisfied customers
NOT FOR WEB REPRINT Seeking answer regarding New York State
NOT FOR WEB REPRINT Seeking answer regarding New York State Law. 1) 2005 Former employee charged with 2nd degree aggravated harrassment / 4th degree stalking. NYPD simply arrests perpetrator based on … read more
N Cal Atty
N Cal Atty
JD
83 satisfied customers
Am the victim of domestic violence. Perp took my keys and
Am the victim of domestic violence. Perp took my keys and phone and beat, strangled, choked, stomped, and kicked me for over 8 hours. He was arrested and charged with a misdemeanor, Assault against a … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
44,066 satisfied customers
police can to my sons apt. They had gotten a call for a fight.
police can to my sons apt. They had gotten a call for a fight. HIs girlfriend was in the bedroom drunk. She had a swollen lip. Said my son had done it. They arrested him for domestic. He had had a pri… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
3rd degree felony arrest 94 days ago. no target letter , no
3rd degree felony arrest 94 days ago. no target letter , no indictment, etc. how much time does the DA's office have to act? albuquerque… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
Who does the county defenders office answer to Heres the
Who does the county defenders office answer to? Here's the situation. My brother was arrested a few weeks ago. We are unable to retain a lawyer so he was assigned a public county defender. Then, the g… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
44,066 satisfied customers
). In a grand jury indictment case, when is the prosecuting
). In a grand jury indictment case, when is the prosecuting attorneys evidence to be given to defendant Is there a time frame ? I am meeting with DA in this case to nego and I have not seen all of the… read more
LegalEase101
LegalEase101
Attorney
Juris Doctor
1,763 satisfied customers
Is it possible in Federal court to have an arraignment date ...
Is it possible in Federal court to have an arraignment date set before an Indictment is issued? Also, in court, how would you request copies of grand jury transcripts? Is this possible? I believe ther… read more
Michelle
Michelle
Doctoral Degree
2,604 satisfied customers
HOW DO I DEFEND BEING CHARGED WITH ASSAULT CAUSING ACTUAL BODILY HARM
i was recently involved in a dispute with my partners ex and friends. a fight erupted and i am now being charged with assault abh. it was started by a drink and glass being thrown at me to which i las… read more
Richard
Richard
Bachelor's Degree
22 satisfied customers

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.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x