Legal Question in Family Law in New York
domestic violence
My son is 31 yrs old. He got into a fight with his girlfriend on 4/30/03. She called the police and had him arrested, they took pictures of her and a statement. I bailed him out 5/2/03. He went to court 5/5/03-legal aid lawyer did not show up - he went to court 5/16/03 - legal aid lawyer told him to take the case to trial since his girlfriend wants to drop the charges - he is charged with a misdemeanor 120.0 for biting and hitting his girlfriend - states that he was trying to defend himself because she was trying to stab him with a knife and then tried to stab herself with a 2 year old in the house. - I DISAGREE WITH THE LAWYER - THE STATE D.A. SAYS NO TO HER DROPPING THE CHARGES AND WANTS TO PICK UP THE CASE AND MY SON HAS NO EVIDENCE TO PROTECT HIMSELF SINCE HE DID NOT CALL THE POLICE NOR RECEIVED MEDICAL ATTENTION. My son just started a new job after being laid off - wants to attend anger management courses and go on probation if possible rather than face a trial and lose everything. HE HAS NO FORMER CRIMINAL RECORD. could you please help? HIS NEXT COURT DATE IS JULY 8, 2003.
e-mail - [email protected] THANK YOU.
4 Answers from Attorneys
Re: domestic violence
I tried to reply to your email but it got bounced back.
Your son's situation may seem complex but this happens on a regular basis. It is difficult for a DA to take a case to trial if the complaining witness will not cooperate; however, it is not impossible. The DA could subpoena your son's girlfriend or even get a material witness order which would permit the police to bring her in involuntarily. However, it is unlikely that the DA would do this on a misdemeanor case.
If you want to discuss options, please feel to call me at 212-622-7180.
Eric Rothstein
Re: domestic violence
I would need more information to properly assess the case, but your son should listen to his attorney. If the girlfriend recants her allegations, the DA will be hard-pressed to meet his burden of proof. Your son should contact me ASAP to arrange a free consultation.
Re: domestic violence
This requires more than a simple internet answer, the D.A. can supoena your sons girlfriend and perhaps force her to cooperate. Your son needs a competent criminal defense attorney, if you desire you may contact my office @718-834-0087 to set up a consultation.
Re: domestic violence
Domestic violence is the crime most likely to get a trial. The District Attorney will often not trust the victim's 'new', 'corrected' story and will often continue the prosecution even with an uncooperative victim. The District Attorney often feels he/she cannot distinguish between a victim who made a complaint out of anger, malice, or revenge and the victim who is frightened and intimidated by a brutal, criminal spouse.
It can be a nightmare for the defendant who is truly innocent. Your email indicated your son would be happy with a sentence of 'probation'. In my experience, that is a likely maximum sentence. He may have a good chance at an 'ACD', which would function as a win/dismissal/not guilty type of result. You are welcome to a consultation at no fee at my offices at 42 West 44th St., NY,NY. Please call for an appointment first - 646-591-5786.
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