Legal Question in Criminal Law in New York

crim case

my wife was arrested for pl2403002.she was accused of sending a fedex letter to an ex boyfriend that he says was threatening.he took out the complaint,but come to find out the letter was not addressed to him but to his wife.my wifes name was not on the fed ex airbill as the sender.fedex requires a credit card or fedex account to use the service.so my question is how could my wife have been charged with sendind the letter when her name was not on it?how could someone other than who it was addressed to make a complaint to the police?can my wife be charged with this?can the one who took out the complaint be charged for making a false report?my wife has no criminal record at all what will happen to her in a case like this?the same person who falsely took out the charge on her one week later attacked my wife and i with a meatcleaver and we now have a case against him docket#2005qn039760 queens criminal court new york.my wife is a nervous wreck about all this and scared of having a court case against her falsely so what can she do?she goes to court on oct.11 2005 will such a petty charge require a lawyer to be paid by us to come to court that day?please help i am so very worried about my wife i dont want her to do something stupid


Asked on 9/28/05, 11:00 pm

2 Answers from Attorneys

Re: crim case

Your wife is charged with Aggravated Harassment in the Second Degree, a Class A misdemeanor. I would not describe it as a "petty charge" because its punishable by up to a $1,000 fine and/or 1 year in jail. I do not say this to scare you as I do not expect your wife to receive this sentence, especially if she has no criminal record. The reason I tell you this is to make the point that you should have a lawyer. If your wife went through the system (ie. spend a night in jail and saw a judge), the court either appointed a lawyer to represent your wife of told her that she had to hire one. If your wife received a Desk Appearance Ticket, the court will make this determination on October 11. I recommend that you hire a private lawyer if you can afford it because you will get better service than you might get from an appointed lawyer. More likely than not, your wife's case can be resolved in a manner that is satisfactory to both of you. I practice criminal law and I am a former Assistant District Attorney in Queens and know the people there quite well. Should you wish to discuss the situation, please feel free to call me at 212-622-7180. Good luck and try to relax, it will work out.

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Answered on 9/29/05, 9:41 am
Robert Evans Robert S. Evans esq.

Re: crim case

Your wife is being charged with a misdemeanor,which does have consequences. However your description of the incident indicates there may be legal defenses. Depending upon your finances ,your wife may qualify for free legal representation,if not you may e-mail my office [email protected] for a free consultation. I believe I can resolve this situation to your satisfaction,being an experienced criminal defense attorney.

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Answered on 10/02/05, 7:24 pm


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