Back in Dec,2012 me and my husband was wrongfully arrested cause my neighbor had clam that we broke his arm. The only reason my neighbor did this is so he can get a emergency section 8 voucher to move, and yes he got it. Me and my husband went back to court in Jan.2013 and we was told that my neighbor had never brought them proof of his injures so the case had been abjurer. We went back in March,2013 and we was told that one of the DA's was out sick so they could not close the case yet but however The DA was trying to get in contact with my neighbor but my neighbor was just plain ignoring them cause he got what he wanted a section 8 voucher so I guess he was hoping they will just go away.So now we have another court date coming up in April,2013 to close the case. so what happens next ?
Criminal Defense Attorney
Discuss this with your criminal defense lawyer.
I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.
Contracts / Agreements Lawyer
The case most likely will not "just go away."
You would be well-served to discuss your dilemma with a New York criminal defense attorney in a confidential forum as soon as possible.
Criminal Defense Attorney
What happens is exactly what is happening to you unfortunately. Your attorney should vociferously contest this, and if a dismissal does not result, push for speedy trial. His falsely reporting an incident an A misdemeanor.
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Nothing will happen to your neighbor. The case will eventually be dismissed if he doesn't cooperate with the DA.
f you have a public defender you will have to ask him the questions as to what will happen next and whether you should go to trial. If you are not happy with your public defender you would need several thousand dollars to retain a private criminal lawyer and there are many fine lawyers here at Avvo to choose from. Most offer fee consultations over the phone to make it easy to choose a lawyer with the experience to try to get the best possible disposition in the case. If you had a private lawyer and he was told that he complainant was faking a broken arm he would likely try to get te medical records and retain a private investigator to video the man using his arm to show that he is lying to get a voucher as you say. This evidence could result in his arrest and a dismissal of your case and prove invaluable at trial. A private lawyer will be able to spend much more time investigating, researching, and planning your defense but all of those hours of work over a year or more will add up to a large legal fee in all cases where it is a felon and where there are more than just a few appearances,. Some misdemeanor assault cases can be handled in just a few appearances, but a felony tends to take a year or more in New York City where prosecutors have many cases and do not always move the case to trial as soon as possible. Be grateful you are out of jail pending trial and have a free lawyer and consider getting a private lawyer if you are not happy with the work they are doing on the case as it is a serious case and can have many consequences such as a criminal record, loss of housing benefits, loss of employment and travel opportunities and potential jail sentence. The prosecutors and judges believe the "victims" and take them at their word in most cases and it is your lawyer that has to prove your innocence i many cases.
John J. Carney Esq