Legal Question in Criminal Law in New York
my kids mother made to police reports against me. The first one she accused me of pushing my way into her house punching, slapping and stabbing her with a knife while my kids were present. i was arrested and have an upcoming case. after that i was visited by two detectives saying she accused me of throwing a rock through her window and now i have to turn myself in for that. on the dates that both of these incidents were suppose to have happened i have video surveillance of my building where i reside showing me come in but does not show me leaving the building at no time to where i could have done these things. i live with my parents and they are also testifying on my behalf as witnesses to me being home. is that enough evidence to prove my innocence and if it is how do i go about getting charges pressed on her for falsifying as well as perjury? and can i be issued an order of protection against her?
2 Answers from Attorneys
First, the evidence you have is persuasive, not definitive. Alibi evidence must be more concrete but you have a great start.
Second, this can hing on the representation you have. You need an experienced criminal attorney. Do not attempt this on your own.
Lastly, the chance that the D.A.'s office will charge her with filing a false report is very small and you will have to bring an action against her to get an order of protection.
If you would like to discuss this further you can contact my office at 516-746-4747 or [email protected].
Joel R. Salinger
You need to make sure you preserve the evidence. Try to get copies of the building tapes with times and dates on them. Before you show them to the police or DA, make sure you have copies. Also get the tapes to show when you eventually left your building and determine if there is any way to exit the building without showing on the tapes.
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