Legal Question in Criminal Law in New York
Certified Mail
Hi there,
Approx 3 weeks ago I unfortunately
got involved in a drunken Bar fight
and struck someone in the head with
my fist. At the time, the fight was
broken up and we were sent our
separate ways. No police were
involved at the time.
3 weeks later, I have arrived home,
only to find a receipt from the USPS
stating I have a letter by Certified
mail to pick up at the post office....
I am now worried sick, since I am not
expecting anything important in the
mail and after numerous chats with
colleagues and internet searches I
am led to believe this is the best way
to commence legal proceedings i.e.
certified mail for a Court summons!
Help me I am worried sick and
thinking should i even pick up the
certified mail ?
Is this how cases are usually handled
in US and in particular NYC
1 Answer from Attorneys
Re: Certified Mail
Normally, in New York, a person will not be notified via mail re: a criminal matter. And this is particularly true with respect to violent crimes, involving a real victim. Usually, in such a case, a detective(s) would either contact the suspect over the phone and ask him/her to come to the precinct for questioning or they would physically go out to the suspect's residence and either bring him to the precinct or question him at the suspect's residence.
Regarding the subject matter itself, in my experience as a prosecutor and defense attorney, these so-called "bar brawls" are very defendable cases because normally all parties to the incident (including potential witnesses) are intoxicated, which goes to both the element of intent, as well as their credibility on the witness stand.
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