Legal Question in Criminal Law in New York

I was recently arrested for Fraud, and was able to be immediately sent home the same day without bail being issued. I noticed that on my 'SEALED COMPLAINT', the document was signed by the 'Assistant United States Attorney' and the 'Special Agent' who brought about the charge, but it was NOT signed by 'The Honorable XXX XXXXX United States Magistrate Judge Southern District of xx'. Question: (1) Can I have this complaint thrown out because the judge did not sign it? (2) If this complaint is thrown out, can I be re-arrested for this same charge/complaint? (3) If this complaint is thrown out, can I also have my fingerprints and DNA (both taken at time of arrest) also be thrown out, or erased, or deleted (however they get rid of it)? Incidentally, having my fingerprints & DNA deleted is vital because I am about to adopt. (4) Can you please provide a previous case where a complaint was thrown out because a judge did not sign it? Thank you for your time.


Asked on 9/13/09, 8:12 pm

2 Answers from Attorneys
Locksley Wade Law Office of Locksley O. Wade

A judge is not the complaining party; it is the executive branch of the United States acting through the United States Attorney. As such, they are the one's that sign the criminal or civil complaint. If a complaint is "thrown out" you may be re-arrested and charged with the same crime as long as it is not determined to be "double jeopardy."

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Answered on 9/20/09, 9:31 am
Steven Czik CZIK LAW PLLC

We have substantial experience handling these types of cases, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.

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STEVEN J. CZIK, P.C.

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New York, New York 10013

212.413.4462

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The information provided by The Law Offices of Steven J. Czik, P.C. (LOSJC) is for general educational purposes only. There is no attorney-client relationship established by this communication and no privilege attaches to such communication. LOSJC is not taking and will not take any action on your behalf and will not be considered your attorney until both you and LOSJC have signed a written retainer agreement. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you desire the services of an attorney and decide not to retain LOSJC on terms acceptable to LOSJC, you are advised to immediately seek the services of another attorney.

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Answered on 9/29/09, 6:43 pm


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