Legal Question in Criminal Law in New York

unlawful inprisionment

I just found out my step son is in mid state correctional facility for robbery in 1997. he was 16 at the time. he says he was not offered youthful offender. he also says the charges were dropped at one point but he got left in jail. also during this time period his father has been making support payments to the mother. she has been taking this childs money illegally. he is a ward of the state therefore child support should not have gone to his mother. she also has been claiming him on her income tax yearly. the mother also changed the childs last name illegally and he is in prision with the illegal name. i don't understand how all this can happen. can you advise my husband and i as to what to do. we want to see this child get his money back that he has coming from the child support and we would like to know how to find out if the charges were acually dropped and if so why is he still in jail. thank you


Asked on 6/07/01, 1:41 pm

1 Answer from Attorneys
Garry Hanlon

Re: unlawful inprisionment

Immediately stop paying the child support

Immediately file a petition in family court

to stop the child support payments

Consider suing the ex for fraud for continuing

to collect the child support

As for the criminal matters, YO is discretionary

with felonies, is not a matter of right, and

in all likelihood simply wasn't offered by the

prosecution or imposed by the Court

Charges can be dismissed in local court because

of failure to conduct a preliminary hearing in

felony matters. This does not prevent a grand

jury from considering the case and for a new

indictment in a different court to be filed This

is probably what happened.

There are also adults and youths at the same state

facilities They are supposed to be kept in different

parts of the facilities

Read more
Answered on 6/29/01, 10:08 pm


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