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Can NYPD release a person from jail when on detox and suicide watch? With no housing, clothes, money, or ID?

New York, NY |

My ex bf had me arrested for drug possession in order to evict me, because his lock outs, bulling, and court procedures were not working. The police told me it was a break in but it was a set up. He has since cost me my job, my health and my reputation.

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Attorney answers 3

Posted

So long as you didn't receive a Desk Appearance Ticket, NYPD likely did not release you from jail - a judge did. If so, if there is an order of protection against you, make sure you don't violate it.

For informational purposes only. No attorney/client relationship exists.

Posted

This is a tricky question you are asking. It is not a matter of can they rather than a matter of will they. As counsel answered you most likely were released by a Judge. If there was an immediate and clear danger of a person hurting oneself the Judge would likely take action and send the person to a mental health facility to be monitored. The housing, clothes and money issue unfortunately would not incline a Judge or the police to keep a defendant in custody,

This is not legal advice or counsel to any specific case or matter that you may have pending in any court. This is a general answer with the intention to provide some general information on a specific topic. Any answers to these questions are not protected by the attorney client privilege. An attorney should always be consulted and/or retained if you are looking for advice specific to your case.

Asker

Posted

I was in Rikers on detox and suicide watch. That's why my clothing was taken. When my court date arrived, they simply released me to the streets without a Dr. Releases from Rikers. Also my dog was left in the house with no food or water for four days. They were well aware of my mental state and dog when I was arrested.

Posted

NYPD makes arrests and the decision to prosecute is in the hands of the local prosecutor and judge. You do not indicate you were brought before a judge or that you ever made it to central booking so an answer is not clear cut. You do have a civil option and can sue your exBF and take him to landlord tenant court.

The advice I have given does not bind the parties in any manner and is merely given as a courtesy.