Legal Question in Criminal Law in New York

Menacing 3rd Degree

I decided to allow my brother to move in while he has a matter in a jurisdiction that needs to be settled. Last night we got into a verbal argument and the police came. The police charged him with menacing 3rd degree.

I just had a couple questions, I would greatly appreciate any advice.

1. I want to make his life better and not make his legal matters worse. How do I drop the charges against him?

2. An order of protection was issued, if the charges are dropped will the order of protection be dropped?

3. I think that he needs mental help. How can I suggest that to the judge so that he can get the help he needs so his legal matters dont get worse?


Asked on 1/04/08, 8:37 pm

2 Answers from Attorneys
Joel Salinger Law Office of Joel R. Salinger

Re: Menacing 3rd Degree

I will try to answer your questions in order.

First, you do not have the authority to drop the charges. You as an individual do not bring or press charges in the State of New York. Charges are brought by the state through the District Attorney's office and the ultimate authority whether to continue with a case rests with the DA. You can give your opinion to the Assistant District Attorney who is handling your brother's case.

Second, if the charges are dropped the order of protection goes away as well.

Third, the only way your brother can be ordered or forced to get help is if the case continues and part of the court's order or sentence is going for some type of help.

I hope this answers your questions, if you need further assistance, I recommend talking to a local criminal defense attorney or you can contact me at [email protected] or 516.746.4747.

Joel R. Salinger, Esq.

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Answered on 1/04/08, 11:18 pm
James Kats James S. Kats, Esq.

Re: Menacing 3rd Degree

Your last question is the most difficult. You will pretty much have to deal with the ADA handling the prosecution and with your brother's defense attorney. It is not likely the Judge will allow your input, though it could happen.

As for the other questions, your brother should be able to plea bargain for an ACD [adjournment in contemplation of dismissal] and an order of protection could be granted along with that.

James S. Kats, Esq. lawjsk.com

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Answered on 1/04/08, 9:03 pm


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