Legal Question in Criminal Law in New York

Submitting staged photos as evidence in an egging suit with kids

My 16 year old son involved in an egging incident. (a passenger in the vehicle) It happened approx 5:30pm. I arrived at the EMS building at 5:45pm on Halloween night and seen an officer talking to kids at an SUV vehicle. Officer was leaving upon my arrival. Not knowing my son was involved at this point, I offered the kids a hose to clean off the vehicle and opened an ambulance bay for them. A week later, they submitted photos to the local PD with the photos showing eggs, yolks, shells and damage. The photos were not taken at the EMS building. They were taken in another town in broad daylight. I have photos showing the town and surroundings, which you can see on the photos submitted through the reflections of the windows. My son and 2 others were arrested due to the photos and estimate submitted. What do I do? I spoke with the DA and had to give him a written statement of the fraud/staged photos, and stating there was No damage to the vehicles when they left our town. I also was shown a MY SPACE page depicting the plan by these boys to get the last laugh. I don't want to see my son going down based on fraud evidence. I am positive there was no damage. They are Claiming 1300.00. Photos are positively staged. HELP pleas


Asked on 3/18/08, 10:20 pm

2 Answers from Attorneys
Carlos Gonzalez Gonzalez Legal Associates PLLC

Re: Submitting staged photos as evidence in an egging suit with kids

you should seek to hire an attorney immediately for your son. Overall, this would seem like an ideal example of a case you would want to take to trial, as a result of direct evidence to the contrary of what the DA is claiming. This being said, there is also much for proper and timely negotiations and attempts to dispose of the case without the risks that trial may inherently carry.

Please feel free to contact mt office via email, or directly at 2127098303

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Answered on 3/19/08, 7:05 am
AVA ZELENETSKY AVA L. ZELENETSKY, ESQ.

Re: Submitting staged photos as evidence in an egging suit with kids

While it may seem like mischief, this incident should be taken seriously. I am not as concerned with the allegations of property damage as I am with the criminal activitiy your son may be implicated in. You should retain a lawyer for him right away. I am available for a free consultation and you can contact me at 9146495192.

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Answered on 3/24/08, 9:20 am


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