Legal Question in Criminal Law in New York

Hi! A few months ago, my boyfriend and I got into a fight, we were both 17 at the time. I was very mad and threw my phone at my bed, however I missed and ended up hitting my window and breaking it. I told my mom my boyfriend did it because I thought he was cheating on me (boy, was I wrong) and I wanted to hurt him. She ended up pressing charges and filing a restraining order against him on my behalf, but I did not file it. Now, 3 months later, I am still unable to see him and he is also being forced to hire a lawyer and pay for the window, which is extremely unfair because it was my doing. Although he said he would pay for the window for me, he doesn't have enough money to buy a lawyer or pay for mandatory anger management classes that he surely does not need (but I definitely may).

I lied on the police report and wrongfully blamed my boyfriend for breaking a window he didn't. Is there any way that I can drop this restraining order and charges my mother filed on my behalf?my boyfriend and I are both 18 years old now, so I hope I can. If so, what do I have to do?


Asked on 1/20/11, 10:57 am

3 Answers from Attorneys
peter bark bark & karpf

If you admit that you lied to the police you could be charged with a crime. Your best bet is to tell your mother and refuse to cooperate with the prosecution. Your only obligation in regards to the prosecution ts to appear in court if you receive a valid subpoena. At that point you plead the fifth amendment because the truth will incriminate you and to lie is a crime.

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Answered on 1/25/11, 1:58 pm
Joel Salinger Law Office of Joel R. Salinger

Your best bet is to get your boyfriend an attorney. Then talk to your mother and confess. Getting her to believe you is another matter.

You are going to have to refuse to cooperate with the D.A.'s office.

Have your boyfriend call me at 516-746-4747 to discuss low cost representation.

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Answered on 1/25/11, 2:10 pm
Carlos Gonzalez Gonzalez Legal Associates PLLC

Contact your boyfriends attorney, he must have a court appointed attorney if charged with a crime in the state of new York and doesn't have an income excluding him from qualifying from legal aid.

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Answered on 1/27/11, 8:57 am


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