Legal Question in Criminal Law in New York

withdrawing a statement

I was arrested and charged with harassment and endangering the welfare of a child all because my girlfriend and I were having a disagreement and she felt pressured by the cop to say that I pulled her hair and pushed her. How can she withdraw her statement and get the charges dropped.


Asked on 4/29/08, 9:30 am

1 Answer from Attorneys
Carlos Gonzalez Gonzalez Legal Associates PLLC

Re: withdrawing a statement

Well, this is a multi part answer. It DEPENDS! if there has ONLY been a statement to the police, and not the DA's office, then at some point the case will generally automatically be dismissed becuase they MUST secure a second statement from the complaining witness in order to convert the complaint... till then you will simply have to wait till your 30.30 date is up OR follow the same advice as below.

IF there has been a secondary complaint to the DA's office, as well as a police report... and the complaining witness does not intend to testify, or participate in prosecution, they may sign a document to that effect and then hand a copy over to your attorney, and the DA's office (although this is not 100% necessary) and have your attorney make a motion to the Court to dismiss and submit this document...

MUCH LUCK.

f you hve any future issues, or questions, feel free to contact my office at 212.709.8303

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Answered on 4/30/08, 2:53 pm


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