If someone were charged with a DWI and Menacing 2nd degree, and the menacing was due to a false statement, which charge is bette

Asked about 1 year ago - Oswego, NY

Should the person with the DWI take the menacing charge, or should the person that made the false statement take that charge? Would the menacing charge stick or would it be dropped if the person reported making a false statement?

Attorney answers (5)

  1. Joseph Paul Petito

    Pro

    Contributor Level 15

    8

    Lawyers agree

    Answered . You really want to avoid a DWI at all costs. Speak with an attorney as to the specifics.

  2. Christopher Irvin Simser

    Contributor Level 19

    8

    Lawyers agree

    Answered . I agree with my colleagues, in particular with attorney Greenspan.

    Hire a qualified defense attorney who is familiar with eth courts and prosecutors in Oswego County. I suggest attorney Jon Ward who posts on this board.

    Christopher I. Simser, Sr.
    Anelli Xavier
    Syracuse - Albany - Rochester - Buffalo
    1-800-DWI-TEAM

  3. Michael Evan Greenspan

    Contributor Level 16

    7

    Lawyers agree

    Answered . This is not a question that can or should be answered without sitting down with your criminal defense attorney and going over all of the facts and circumstances of your case. DWI and related charges don't just get dismissed in favor of other charges absent highly unusual circumstances.

    If you have not already retained an experienced criminal defense attorney in your county, I would urge you to do so before deciding on any course of action.

    Good Luck

    Answering this question does not create an attorney-client relationship between us. The answer given is for... more
  4. Daniel DeMaria

    Pro

    Contributor Level 14

    6

    Lawyers agree

    Answered . It depends on whether it is Felony DWI or misdemeanor DWI. If it's the latter, and if the D.A. agreed to plead everything out with menacing 2nd (which seems unusual), then I might suggest pleading guilty to menacing as otherwise your insurance rates will go up, you'll have to pay a big fine, driver license suspension, etc. But, before doing anything you really should discuss this with a lawyer. Most offer free consultations.

    Atty: 845-704-7777. This answer is provided for informational purposes only and does not constitute legal advice.... more
  5. Eric Edward Rothstein

    Contributor Level 20

    6

    Lawyers agree

    Answered . Complaining witnesses don't take charges but under these facts could be arrested for making a false report. Whether the person charged should accept anything depends on the facts, evidence and offer. The person should talk to his lawyer.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was... more

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