Legal Question in Criminal Law in New York

Forgery in the second degree

My wife was charged with forgery in the second degree for creating a check on my computer that was no good, for a person that was holding her stuff hostage for money. She was picked up at our house (with out a warrant) and was told that they just want to ask some questions. We were told that she was not under arrest just going to the station to talk that�s all. But as soon as they got in the car they read her, her rights with out telling her she was under arrest. They never told her she was under arrest until she asked them after they already took a statement. Not just questions. Is this legal and can it be fought? Also is it legal for them to integrate someone who has mental health problems by them selves with out an adult (not a police officer) in the room. She has a long history and is on medications for this. I did inform the inspector of this and that I and her mother was on the way to there office. They did not wait and questioned her anyway. Is there not a law against this? How can they use it without tell her she was being charge and arrested before hand or even after they read her, her rights.--name removed--t they have to tell you you�re under arrest before they read you your rights?


Asked on 1/22/04, 12:46 am

3 Answers from Attorneys
Brenda Mattar Mattar & D'Agostino, LLP

Re: Forgery in the second degree

This sounds like a very complicated situation. You need to retain a lawyer ASAP.

Yes, many of the issues you raise concerning the arrest and questioning can be challenged.

Please feel free to contact me @ (716) 856-4022 to discuss this further. I would be happy to discusss the representation of your wife with you.

Read more
Answered on 1/22/04, 9:19 am
Brendan Chao Brendan Chao - Attorney & Counselor at Law

Re: Forgery in the second degree

Advising someone that they are under arrest is a formality not a requirement. A police officer is, however, required to give an individual warnings if the individual is to be questioned. Any statements given by an individual are subject to a suppression hearing. This is obtained by submitting various motions to the court and the DA's Office. You are welcome to call for a free phone consultation.

Read more
Answered on 1/22/04, 9:38 am
Robert Evans Robert S. Evans esq.

Re: Forgery in the second degree

It seems that you may have an issue regardimg the admissibility at trial of the statements made by your wife.A general rule is the statements to be admitted at trial must be preceded by proper warning and then must be made voluntarily. In your case there may be reasons to preclude those statements. If you would like further info ,feel free to contact my office @718-834-0087.

Read more
Answered on 1/22/04, 11:42 am


Related Questions & Answers

More Criminal Law questions and answers in New York