My husband was arrested for assault and unlawful imprisonment. He's a correction officer in New York state. Someone broke into our house and our car and stole his wallet with his badge and credit cards. He found him at a hotel and made a citizen's arrest when the police came they arrested my husband as well as the man who stole our stuff. That man is out of jail. But my husband has been going to court and it's been adjourned since March every month. Our lawyer continuously tries to contact the District Attorney's office to discuss the case with her and she will not answer any of his phone calls or emails for the past 3 months. Why won't she respond to him? Is this a strategy?
Any answer is speculative. Why was it a citizen’s arrest? Isn’t your husband a Peace Officer?
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.
My colleague is correct but I will not be able to answer the question since I would be speculating as to the motives of the DA. Talk to your husband's attorney for an answer.
No one here would be able to really tell you. Try your husband's attorney.
You have the right to hire a new attorney if you are unhappy about the current situation and believe a new attorney would help. If the case has been adjourned since March that his attorney has either waived speedy trial time, or the matter has been indicted and moved to county court. Keep in mind though, that absent a compelling reason to resolved the case quickly, time is the friend of the defendant (as long as he is not in jail), and the passage of time without resolution and contact with the DA is not necessarily a bad thing. The DA's case rarely gets better with age. It almost always gets worse.
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