Legal Question in Criminal Law in New York

criminal mischief arrest

I was arrested last night for ''criminal mischief.'' This is what happened: My friend hailed a cab, which stopped in the street. The woman in car behind went ballistic at the stopped traffic -- she then drove to side and up and drove straight at us! She literally drove into us! I then smacked my hand on her window.

In the end, I got arrested for breaking her window. But nothing was done about her road rage and driving into us! (Simply because we weren't actually injured.) We have witnesses who saw her drive into us and said she tried to run us over. But apparently there was also a witness who told police he saw me bang on the window. However, it's not directly clear I actually broke it. She didn't claim it right away. She drove off. We got into cab. Few minutes later, she cuts us off and stops cab. Claims I broke window and called the cops. How do I know she didn't break it herself? She was crazy. Or it was already cracked.

I did not intently break it , if I did. I acted in self-defense trying to stop her from driving into us. She was the instigator. I feel I am the victim who got charged.

Immediate question -- can the D.A.T. court appearance be adjourned? I already bought plane ticket for $700 to go away for holidays


Asked on 11/28/07, 12:11 pm

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

Re: criminal mischief arrest

Wow there is a lot there. Yes the DAT can be rearranged. Feel free to contact me about the rest if you still need a lawyer. It sounds like you have a decent defense case.

Good Luck.

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Answered on 12/03/07, 11:48 pm


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