Legal Question in Criminal Law in New York

cell phone

My husband works for a NYS facility. He was accused by a mentally retarded young lady of taking naked picutres of her. The local sheriff's department came and took him phone. They had a search warrant. The phone had nothing of the sorts on it. The detective called back today to say the DA is handling it and that his phone had been sent up to computer forensics. He stated it could be a good month before he gets it back. His place of employment is totally behind him and everyone knows he wouldn't do such a thing. What is our next move? We want this just to end! He has never been even pulled over. We are extremely stressed over the whole ordeal. Should we contact a lawyer? Or what? We need help!


Asked on 8/04/06, 10:02 pm

2 Answers from Attorneys
Robert Evans Robert S. Evans esq.

Re: cell phone

You should always have a competent attorney available for situations such as this. I believe your attorney would contact the local D.A. and find out the present state of the investigation. Your husband has a right to testify before a grand jury and to present witnesses if such a grand jury is considering the matter. I don't believe that is the case ,but without more details ,I really can't accurately appraise the situation. You may call my office for a free phone consultation @ 7188340087.

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Answered on 8/07/06, 5:22 pm
Carlos Gonzalez Gonzalez Legal Associates PLLC

Re: cell phone

ALWAYS have an attorney if you're a suspect in a crime, having an attorney may make the difference between charges being filed and charges not being filed... In this type of case it would be very important to make sure that the case goes no further than it has gone already. If you have any questions feel free to contact my office #2127098303

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Answered on 8/05/06, 11:07 am


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