I was arrested for misdemeanor aggravated harassment in Manhattan. As part of a plea deal, the charge was reduced to second degree harassment violation. I was conditionally discharged in February of this year and was given a 2 year protective order. The conditional discharge expires in February of next year and the case is sealed. However, the Protective Order expires in another year. Is there any way that I can have the Protective Order dropped at the same time my conditional discharge expires?
Only if the Judge agrees to do it and that's not likely unless the DA consents.
I am a former federal and State prosecutor and have been handling criminal defense and personal injury cases for over 18 years. The above answer, and any follow up comments or emails, is for informational purposes only and not meant as legal advice.
I have advanced cases prior to the expiration of an OP, to have it reduced to a limited or withdrawn. However there will need to be mitigating circumstances, and consent of all including the complainant.
This answer has been prepared for informational purposes only and does not constitute legal advice of Todd A. Spodek, Esq., Spodek Law Group P.C. or any of its attorneys, and is not guaranteed to be correct, complete, or up-to-date. You should not act, or rely on any information in this website without seeking the independent advice of an attorney of your choice.
Petition the court. If the DA agrees, the Court will likely go along
Any response I provide is meant as a general view on the subject and is no way intended to be specific legal advice to any individual. If you wish specific advice, you should hire and consult with an attorney of your choosing.
Only the judge has the power to amend or terminate an existing order of protection. Some judges will do it depending on the circumstances and even then only if the DA agrees; some judges won't do it no matter the circumstances. Have the attorney that represented him reach out to the DA and see if they are willing to revisit the issue.
I am a former Brooklyn Criminal Court Deputy Bureau Chief with over 17 years experience specializing in handling criminal cases. All answers are for information purposes only. Answering this question or any future questions does not form any attorney-client relationship. Be mindful, that answers are limited by the limited facts presented by the questioner and are not meant to take the place of competent legal advice by an attorney fully informed of all the facts surrounding your case. Also, be aware that nothing posted in a public forum such as this can be deemed confidential or privileged communication.
The only way this will happen is if the DA agrees to it, and the only way that will happen is if they have a good reason to. Does the complainant want the order to expire? That would help, but it may not be enough depending on the facts of the case. Get a lawyer to try to work something out with the DA, but recognize that this will definitely be an uphill battle.
Mr. Reibstein is a former New York City prosecutor and second-generation criminal attorney. Unless a formal letter of engagement or retainer agreement has been entered into by and between the reader and the attorney this answer shall not be construed as official legal advice on any specific facts or circumstances. Its contents are intended for general information purposes only. No attorney-client relationship has been created.
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