Legal Question in Criminal Law in New York
Dispute an Eyewitness Statement
My finace was picked out of a mug shot book and identitfied in a police lineup by eyewitnesses as being the shooter in a case (NY Penal 110-125.25 FB) on 12/02/06. He was remanded and is currently in jail. On 12/19, the actual shooter was arrested and identified by the victim. They then changed my fiance's charges to CPW-2nd(C felony). Can they legally do that and change the charges to fit their needs? He went to court on 1/12 and the Supreme court judge stated that he was never charged as the shooter. But the legal aid attorney's supervisor that was standing in had no clue b/c he didn't even review the case file. So he was remanded again. I don't have a lot of money but I need an attorney that actually believes my fiance...they want to give him 8 years and he wasn't even there when the shooting occurred. But the legal aid attorney waited too late to get the surveillance videos and now they are gone. Alone and desperate, please help.
2 Answers from Attorneys
Re: Dispute an Eyewitness Statement
You and your fiance may still be able to get the surveillance video by subpoena. They're usually held for 3 months; and the DA may have put a hold on them.
As far as changing the charges, Yes, they can amend them like that. My question is, Has he been indicted by a grand jury yet?
JAMES KATS www.lawjsk.com
Re: Dispute an Eyewitness Statement
I may be of a lot of help in this case. I specialize in criminal matters and this is specifically within my area of specialization.
I would be able to work with you as far as fees go so that you could comfortably pay for my services.
Feel free to contact my office for further assistance. You can email me at the address below or call me directly at 2127098303
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