[NYC] Last weekend, I got into a fight with my roommate and coworker. It started when he shoved me. Tensions have been building for some time but I agree that I responded poorly. I lunged at him and he retreated to his room. I knocked open his door and lunged at him again. During this time, I slapped him a few times and so did he. I don't think there were marks. The I was drunk and received disturbing news from family that day so I was already in a poor mood, not that it justifies my actions. I realize I made a mistake by breaking through his door. My 3 friends are witnesses and were the ones who separated us. He called 911 and 3 cops showed up that night. After inspecting the situation, they determined that no crime was committed and did not even ask for my name or ID. He asked then and there if he could press charges but the cops did not and simply asked us to get the landlord to fix the damaged door. I would like some legal advice in how to approach this situation. Thanks!
Admitting to crimes online in open and public forums is NOT a good idea.
Do NOT speak to police with out a NY attorney present and make no more admissions against interest online.
NOT LEGAL ADVICE, NO ATTORNEY-CLIENT PRIVILEGE CREATED. FOR INFORMATION ONLY. DO NOT RELY ON ANY ADVICE YOU RECEIVE FROM ME OR ANY OTHER ATTORNEY ON THIS FORUM. Legal advice comes after a complete review of the facts and relevant documents and an expressed (written) agreement of representation that forms attorney-client confidentiality. Neither of these two events can occur in this forum. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. His answers to any Avvo question are rooted in general legal principles--NOT your specific state laws. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this or any other matter.
You need to speak with an attorney before you take any further action. If the police have already contacted you, then they will most likely follow up if you fail to yourself. Speak with an attorney to better explain the facts and that attorney, if hired, can then contact the police on your behalf to figure out what is going on. It may be nothing, or it may be that they want to arrest you, in which case your attorney will either ask for a Desk Appearance Ticket, or arrange a voluntary surrender. If the police contact you before you can speak with an attorney, tell them you want an attorney and will have an attorney contact them shortly.
You received a call from a detective since the date of the incident? If so, consult with an experienced criminal defense attorney immediately. Are you still living with this roommate?
It sounds like your roommate went to the precinct to file a complaint and the police are now looking to arrest you. Do not speak with the police about the case. Hire a criminal defense lawyer. Hopefully, a surrender for a Desk Appearance Ticket can be worked out.
I am a former federal and State prosecutor and have been handling criminal defense and personal injury cases for over 19 years. The above answer, and any follow up comments or emails, is for informational purposes only and not meant as legal advice.
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