Legal Question in Criminal Law in New York

Hi, I am a 23 year old female who is 6 months pregnant and i have a 2 year old child. And my problem is I was arrested a few days ago because i had a physical altercation with a partial family member (my brother's girlfrend) who is also pregnant. She was in my property and refused to leave and we began to fight. We BOTH called the police and we BOTH decided to press charges. I was told we would be charged with a Misdemeanor if we decide to go forward with the case. My questions are: 1) what is a misdemeanor? 2) If she drops her case on me, what happens to my police record? (can i get a city job?, what happens to my finger prints, does it get erased?, does my record get expunge?, etc) also 3) Does ACS get involved in my case? (if the charges are dropped) and 4) Do i need a lawyer, and how can i get a court appointed one?..... thanking anyone in advance for any hlp they can offer with my problem.


Asked on 9/11/10, 7:02 pm

1 Answer from Attorneys
Joel Salinger Law Office of Joel R. Salinger

You ask a large number of questions. I will attempt to answer each in turn.

First, a misdemeanor is a criminal charge. You were probably charged with an Class A misdemeanor. That can bring up to one year in jail, 3 years probation and or up to a $5,000.00 fine or any combination of these penalties. The penalties can be mitigated by community service hours or some other activity authorized by the District Attorney's Office.

Second, She can not drop the case or charges. Neither can you. Any action to dismiss or reduce charges must come from the District Attorney's office. An individual only brings a complaint, charges are brought by the state through the District Attorney. In many cases when cross complaints are made and effectively cancel each other out, the DA will agree to either reduce or dismiss both in the interest of justice. If the DA does request that the court dismiss the charges your record will be expunged but a paper record will exist for future legal action. An employer should not be able to see this record since they only should know about convictions not arrests.

Third, ACS only gets involved with children. Your pregnancy is not at issue and if your 2 year old was not involved or present then that is not relevant either.

Fourth, you should consider getting an attorney. Your rights are in jeopardy and you want someone at your side to protect them. As for getting a court appointed attorney, you need to be indigent, on unemployment or completely unable to support yourself.

If I can be of further assistance, you can contact my office at 516-746-4747.

Joel R. Salinger

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Answered on 9/18/10, 11:53 pm


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