Legal Question in Criminal Law in New York

unlawful imprisonment

My husband is currently serving 12 1/2 to 25 years. A friend of his was caught in a drug deal. My husband was some 50 yards away from his friend. He went home, 15 minutes later an officer appeared at his house and asked him to go with him to answer a few questions. When he was brought to the scene of the crime, he was arrested for CSCS & CPCS. No questions were ever asked of him. One officer involved is now indicted for charges of corruption and is cooperating with authorities on bringing other officers to justice. Another officer involved & who also testified against him is now indicted on hindering a federal investigation. My husband is innocent. The other fellow was charged with CPCS. One of the officers stated that he seen the tranaction. That was a lie. The other fellow testified in court that no drugs were ever passed to him by my husband. The officer's testimony put my husband away. What can we do? Being that there's a federal investigation and indictments, can my husband get out of jail? If so, how? I don't know anything about how to locate lawyers to help, especially since this not only a criminal case, but a civil case as well. I'm looking for legal help in the Albany, NY area. Please help!


Asked on 7/18/01, 11:42 pm

2 Answers from Attorneys
Garry Hanlon

Re: unlawful imprisonment

Post conviction wrongdoings of police officer

rarely, if ever, result in a reversal of a

prior conviction unless the wrongdoings

are directly related to the prior conviction

which does not appear to be the case

The Challenge would be through a 440 motion

to set aside the verdict

You are also putting the cart before the horse

There is no civil case until there is a reversal

retrial and an acquital.

Read more
Answered on 7/20/01, 8:36 am
Peter Bark Bark & Karpf

Re: unlawful imprisonment

Your husband received the maximum the law allows for a prior felony offender, so I assume he lost at trial and had an attorney represent him. Unless the officer admits that he lied at the trial or is convicted of lying in similar cases, there is little your husband can do outside of the normal appeals process, or a Writ in Federal Court. Contact the local Bar Association for a lawyer in your area. Good Luck!

Read more
Answered on 7/19/01, 3:38 pm


Related Questions & Answers

More Criminal Law questions and answers in New York