Legal Question in Criminal Law in New York

Moving to another state

i have two criminal cases of assault, domestice violence. the person who was assaulted went to the District Attorney and signed a petition to drop the charges, but this hasnt been stated in court. i was wondering, if i dont show to court and he doesnt either, can i get in trouble?


Asked on 12/21/06, 4:41 pm

1 Answer from Attorneys

Andrew Nitzberg Andrew Nitzberg & Associates

Re: Moving to another state

It sounds like you do not have a lawyer. This is not helpful to you.

1. You are being charged by the DA and the county of Queens (I think 11211 is a Queens zip code).

2. The victim is just that, the victim. The victim is not a party to the action and has no rights in the case. The victim has no legal right to end the case or even to petition the court to end the case.

3. If, as a witness for the DA, the victim does not show for the TRIAL, then you may win the trial on the basis of insufficient evidence submitted by the DA. Of course, the DA will get an adjournment of an indeterminate period (maybe just hours) to subpoena the victim. The victim can be found in contempt of court for a deliberate absence.

4. If you do not show for ANY court event, a warrant for your arrest will be issued on the same day.

5. What must be done is to have the DA withdraw the charges and the case. In the alternative, you can have the victim fill out a notarized statement that you did not harm him/her and that his/her previous statement was in error for confusion. Then the court can agree to a motion for dismissal.

Once you are 'in the system', it is tough to get out.

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Answered on 12/21/06, 4:55 pm


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