Legal Question in Criminal Law in New York

Misdemeanor Charge

I decided to let my brother move in with me while he had to take care of other legal matters in a different jurisdiction. Unfortauntely, after 4 months things did not work out and we got into a huge fight. He has since been arrested and charged with menacing in the 3rd degree. But I feel that he needs psychological evals; drug, alcohol counseling and to be diagnosed with a disorder.

1. How can I drop the charges against him?

2. Will what happened between us make his life anyworse given the previous incident is still pending?

3. If a judge orders a order of protection, if the charges are dropped does that mean the order of protection is to?

I just need to get him some help and I would greatly appreciate any advice! Thank you so much. This does mean a lot to me.


Asked on 1/04/08, 8:32 pm

1 Answer from Attorneys
Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: Misdemeanor Charge

This is a tough thing to do and you should be commeded for trying to help.

First go to the NYSDA in albany and see if they can recommend you to an attorney in your area who works in this area of law.

THe attorney should be well verse in psych issues and may know of people who can help your brother.

Techincally the new charge cannot be dropped by anyone other than the DA but a good lawyer will get that job done for you. YEs never go to the police for help. All they can really do is make an arrest which always bad for the guy arrested.

Good Luck

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Answered on 1/06/08, 9:40 pm


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