Legal Question in Criminal Law in New York

My wife had me arrested for drug problem (criminal mischief). I had an appointment to be admitted to Rehab. but did not want to go that day. Cop offered me a ride to Rehab. but when he arrested me he refused to take me to Rehab. stating "too late now". In jail, I blacked-out while in "protective custody". I broke sprinkler system and flooded jail. Arrested 2 months later for the criminal mischief for flooding incident. Public defender got a misdemeanor for me with a criminal record. Contemplation for dismissal in previous case (same day 2 separate charges.) left me with a criminal record. I am seeking employment and do not want a criminal record. Family says jail was negligent. I should have been in Pysche Unit or restrained. Do I have any "tort" grounds? Can I at least have this record "sealed"? Thank you


Asked on 3/30/10, 8:25 am

1 Answer from Attorneys
peter bark bark & karpf

If crime was committed while you were blacked out you would not be responsible for your acts. I don't believe you have tort grounds but if you were not represented properly, you may be able to get case reopened on grounds of ineffective assistance of counsel.

Peter Bark

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Answered on 4/04/10, 2:24 pm


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