Legal Question in Criminal Law in New York

Harassment

Can a Assistant D.A make a choice to not have a person arrest for a charge of Harassment in the 2nd without going thru the court first.


Asked on 2/12/03, 11:18 am

2 Answers from Attorneys

Steven Brand Steven Brand, Attorney at Law

Re: Harassment

I echo the response of Mr. Kovel.

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Answered on 2/18/03, 6:53 am
Rod Kovel Rod Kovel, Attorney at Law

Re: Harassment

Dear Reader:

In examining this response, please note that we are not entering into an attorney/client relationship, that this is to be taken as informative, and not as legal advice, that it is always best to speak to a lawyer in your area and/or in the area where the transaction and/or events occurred, and that my answer is necessarily limited by the fact that I have not seen the documentation or had an opportunity to go over the matters with you in detail.

I'm not sure I followed the question. Generally speaking, a District Attorney has total control over whom he chooses to prosecute, and for what grounds, assuming it is done in good faith and with discretion and some amount of care. If there is an order of protection that has been violated, this will be significant to him in deciding what to do.

As I mentioned before, this is something that you will want to take up with a lawyer of your own selection, either in your state or area or in a place where some of the pertinent events occurred.

Rod Kovel

Attorney at Law

516-312-9900

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Answered on 2/12/03, 1:36 pm


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