Legal Question in Criminal Law in New York

charges filed using false name

I was arrested for assault and the person that had me arrested used his brother's name.(not twins) The arrest happened in front of my building which has 24hr video recording which is saved for 1 year. I saw the tape and the accuser is clearly visible with the 15 police officers. After I got out on bail I realized the name did not match the person so I called legal aid. My lawyer told me that the complainant did not sign some paper necessary to continue the case so I should not say anything. The DA ask's for 90 days to get it done and the Judge gives me a temp. order of protection against someone that was not there! There must be something I can do. Please Help.

Thank You


Asked on 12/27/06, 12:18 pm

1 Answer from Attorneys

Carlos Gonzalez Gonzalez Legal Associates PLLC

Re: charges filed using false name

ALM DOWN and wait the 90 days, if there is not a supporting affidavit, collaboration, within that time period then your case must legally be dismissed and sealed.

If you have any future issues please feel free to contact my office.

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Answered on 12/30/06, 7:51 am


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