Legal Question in Criminal Law in New York

Re: Female Accusation

By retaining an attorney prior to surrendering to the P.A. police ,the attorney will be advised of the charges if any.It is possible that the police only wish to question the suspect, although not likely. It seems to me that without additional info that I can only guess what the charges will be. You may set up a consultation with my office @718-834-0087 if you wish.

Re: Female Accusation

Unfortunately I saw your question as I was running out to court. I apologize for being brief but I felt the need to reply due to the urgency of your situation. The bottom line is if they want to arrest you they can, before they show you much of anything. However, it is helpful to have an attorney's counsel before turning oneself in.

I will be available all day on my cell if you want to discuss this further. I'd be more than happy to discuss options with you.

Good Luck.

Steven Brand, Esq.

646-209-8213.

Re: Female Accusation

This is a difficult situation. Unfortunately, your rights 'begin' after the arrest. Then you are entitled to know the charge and the name of your accuser. Generally, the police/DA will communicate information to your lawyer in this situation before the arrest. I, and every other person of experience, will recommend you contact a lawyer at your first opportunity - before you report to the precinct.

The charge is likely Harrassment under section 240 of the penal code. however, if this is a sexual assault, it will be much more serious. Under section 240., bail is unlikely to be required. I cannot even guess as to what the female told the police to get a charge of sexual assault in these circumstances. The police SHOULD be sceptical under these circumstances. You are welcome to a consultation for no fee at my offices at 42 West 44th Street, NY,NY. Please call for an appointment first. (646)591-5786 or (718) 729-2029

Re: Female Accusation

There is no way to avoid being arrested. Perhaps the police will give the man a desk appearance ticket (depending on the level of charge), that is much better than going through the system, which requires about 24 hours in jail.

Technically, the police do not have to tell the man the charge, that is what happens in court, but usually they will, especially if the man has a lawyer. I recommend that the man hire an attorney to represent him. If you wish to discuss the case further, please feel to call me, I am a former federal and state prosecutor and do a lot of criminal defense work. My office number is 212-622-7180.