Legal Question in Criminal Law in New York

Charged with stalking 4th degreee!

I have been charged with stalking in the 4th degree, yet the DA has no proof. The person claiming it works directly for the da and has taken her word without evidence and charged me with this crime. They offered an acd to save face right away, basically as soon as it got in front of the judge. Because i am a law enforcement officeer this severely affects my job and they know it? The question is, how far should i take this and should i take the ACD just to move on and let them get away with the lies they have told about me? Do I have any legal recourse against the complaintant or the da for this if i don't take this to trial? They even went as far as to lie to a judge to get a search warrant for my house and my computer ?


Asked on 7/12/07, 7:34 am

3 Answers from Attorneys
Carlos Gonzalez Gonzalez Legal Associates PLLC

Re: Charged with stalking 4th degreee!

an ACD offered immedately is a sign of the case not holding any water. If you accept the ACD you may still file a civil suit for abuse of process... in some senses the fact that the ACD happened right at araignments is a stronger sign of such a situation.

The negative comes in when you realize that most arrests are based on little evidence, but instead more assumptions... and search warrants are usually granted with minimal evidence as well.

It would depend on who the complining witness is, if they ae a DA themselves you will have a very difficult time with any suit, if however the person is a mere employee that may be a different story.

Feel free to contact my office for further discussion and a free consultation... you may reach us through email or directly at 2127098303

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Answered on 7/12/07, 7:59 am
James Kats James S. Kats, Esq.

Re: Charged with stalking 4th degreee!

As long as you don't sign anything excusing or releasing the DA and the complainant, you can sue all of them after the case is dismissed per the ACD.

However, you'll have to wait 6 to 12 months before the case is dismissed. And if another charge is lodged against you in that time, this one will go back on the calendar, too.

Why not force them to either dismiss the case outright (on the spot) or go to trial?

James S. Kats, Esq. WWW.LAWJSK.COM

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Answered on 7/12/07, 11:42 am
Craig McElwee Law Offices of Craig E. McElwee, LLC

Re: Charged with stalking 4th degreee!

Call an attorney. Sit down with the attorney. Discuss all the facts. While an ACD is ultimately a dismissal, it is not technically a dismissal based on the merits/lack of evidence, etc. of the case. This makes it a "wash" as far as support for a civil action. Do not voice your intention to proceed with a civil action to anyone except your chosen attorney.

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Answered on 7/12/07, 1:15 pm


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