Legal Question in Criminal Law in New York

Counter Charges - Harassment and Conspiracy

I was recently charged with a laundry list of misdemeanors by my estranged husband and a woman that I've had many complaints for harassment against.

The woman filed charges on me for allegedly attempting to run her daughter over with my car. I have witnesses and written proof to substantiate that I was not in the vicinity on the date/time specified in the allegation.

My estranged husband was in contact with this very same woman the night he had ''endangering the welfare of a child'' charges filed against me. My daughter (12 yr. old) claimed I was attempting to choke her. There were no marks or proof and it never happened. However, my daughter knew the aforementioned woman had criminal charges pending on me in another county.

The charges (all have been reduced to a violation or dismissed).

I can prove this woman has been harassing me for two years through witnesses and recorded documentation (phone records).

should I/can I file counter criminal charges against both for harassment and conspiracy?


Asked on 6/08/08, 11:42 am

1 Answer from Attorneys
Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: Counter Charges - Harassment and Conspiracy

Sure, and you will get no where. District Attorney's offices are loathe to take counter claims as they get put into the middle. Hire yourself an agressive lawyer who will bring a civil action and seek a restraining order civilly in the Supreme court. Then try to attach bank accounts so that you can make sure they are not transfering funds to frustrate your eventual judgment. Pay your attorney to hire a private eye to gather proof of their activities and subpeona telephone and bank records to see if you can prove conspiracy by them.

When they see you are no longer afraid of the money and will track them down no matter what, the BS will come to an abrupt end. Then it will be up to you and your lawyer as to whether you want to continue or settle.

Arbitration may be the best way to finally settle the matter but if you continue on the way you are going, they will slowly bleed you dry until you do not have the resources to attack. Beg or borrow the money if you have to (It will be in the 10's of thousands if the lawyer is a good one and is serious)but do it now or be prepared for years of pain to come.

Good luck.

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Answered on 6/08/08, 10:03 pm


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