How can i dismiss an order of protection given with a disorderly conduct violation?

Asked over 2 years ago - New York, NY

I did a false complaint person was arrested, I tried to come forward, ADA did't let me

Attorney answers (4)

  1. Howard A. Schwartz

    Contributor Level 20

    4

    Lawyers agree

    Answered . You cannot dismiss an order of protection. Only the court can. You should speak to the person's attorney to see how you can help. If you admit
    to filing a false report you can be prosecuted.

    I have been a criminal defense attorney in New York for over 20 years. website: Brooklynlaw.net Phone #: 718-208-... more
  2. Joseph A Lo Piccolo

    Contributor Level 20

    3

    Lawyers agree

    Answered . Speak to the defendant's lawyer and see if you can file an affidavit and make sure you tell the attorney you admitted filing a false complaint to the ADA who is obligated to tell the Defense atty and the judge.

    Joseph A. Lo Piccolo, Esq.
    President, Criminal Courts Bar Association 11'-12'
    Hession Bekoff & Lo Piccolo
    1103 Stewart Ave, Suite 200
    Garden City, NY 11530
    516-408-3666 (o) / 516-408-3833 (f)
    Jlopiccolo@hbclaw.net

    I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a... more
  3. Richard C. Southard

    Pro

    Contributor Level 19

    2

    Lawyers agree

    Answered . Filing a false complaint is a serious matter and you need to be careful what facts you post on a public web site such as this as your statements are neither privileged or confidential. You should consult an attorney to protect your rights as you could be prosecuted as these matters are taken very seriously.

    The ADA is under an obligation to reveal that you have admitted to making up the charges. They cannot sweep it under the rug. That would be a very serious ethical breach by the DA.

    Only the judge can dismiss or modify the order of protection. You need to speak to an attorney on how to proceed since you now are in jeopardy of being arrested yourself.


    Richard Southard
    212-385-8600
    I am a former Deputy Bureau Chief with the Kings County DA’s Office with over 15 years experience specializing in criminal law cases. I offer free in-person, phone and video consultations.

    All answers are for information purposes only. Answering this question or any future questions does not form any... more
  4. Michael Lewis Marley

    Pro

    Contributor Level 14

    1

    Lawyer agrees

    Answered . YTou should get your own attorney as it appears you have committed a crime, filing a false report.
    Obviously, the ADA is not there to protect your interests but your own attorney would.

    Law Office Of Michael Marley
    Phone 917 853 4484

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