Legal Question in Criminal Law in New York

leagl recourse

My son was stabbed. After an investigation by detectives, my son was arrested. The stabber suffers from schizophrenia...he was not charged. At the prelimenary hearing the stabber gave a totally conflicting and confusing story about the incident. Because of the stabbers muddled story, the judge reduced the charges and released my son on ROR. I believe my son was unjustly charged. He almost died from his stab wounds. What legal recourse,if any,do I have in this matter? Thank you


Asked on 6/03/07, 8:57 am

4 Answers from Attorneys
Craig McElwee Law Offices of Craig E. McElwee, LLC

Re: leagl recourse

Your issues are complex in that you are seeking advice on a criminal matter which currently exists and a civil matter which could potentially be pursued. The "unjustly charged" leads me to believe you want to pursue an action against the police and/or prosecutor . . . this is very difficult and most likely will be fruitless. However, you do need to start establishing a legal defense to the charges and PERHAPS start a civil action against whomever may be responsible for putting your son in danger in the first place. You need A LOT more counsel then this space can offer. Call/contact and attorney immediately.

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Answered on 6/03/07, 4:19 pm
Christopher Hoyt The Law Offices of Christopher W. Hoyt

Re: leagl recourse

Yo have two different issues here. You have a criminal case currently pending against your son. You also have a potential civil law suit against a number of parties. The most important thing at this point if you have not already done so is to retain a criminal defense attorney to resolve the issue of the charges pending against your son. Once you have that dealt with you can speak to the attorney about the proper timing and method for bringing a civil action. Please feel free to contact my office if we can be of any assistance.

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Answered on 6/04/07, 2:59 am
Carlos Gonzalez Gonzalez Legal Associates PLLC

Re: leagl recourse

HIRE AN ATTORNEY IMEDDIATELY... there seem to be some very good defenses to the charges against your son and he is currently potentially facing very serious charges... the insconsistencies in statements by the complaining witness, and his mental state, as well as evidence of your sons injuries could all be instrumental in assisting your sons defense...

Please feel free to contact our office directly at 2127098303

or viewing our website for further fre information on the criminal law procedure at cgonzalezlawfirm.com

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Answered on 6/12/07, 1:39 pm
James Kats James S. Kats, Esq.

Re: leagl recourse

Your recourse in a civil case would naturally be to commence a suit against the stabber, his doctor, his hospital, a government agency which released him or monitored him. More information is needed.

Your recourse in the criminal case to demand a trial if the charges aren't dropped.

James S. Kats, Esq. www.lawjsk.com

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Answered on 6/03/07, 11:45 am


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