Its a long and drawn out story, but here's the short version. I live in NY where 2 people had filed harassment charges against me in what was a very big misunderstanding. Once they found out the real story they no longer wanted to push the charges forward and don't want anything to do with the situation.
Now it seems, the ADA(Assistant District Attourney) wants to continue to push this forward even the the 2 people originally filing the charges do not. I've been told by a friend (who is a criminal justice major) that if the complainants don't want anything to do with it, she has nothing because she has no complaining witness. Further, he said I should file a motion for dismissal if she can't get a complaining witness. So...
Why would the ADA want to push it forward when the 2 parties said it was a misunderstanding and don't want to?
Is what I've been told true?
And what should I do next?
2006-09-12 08:10:46 · 9 answers · asked by Del 1 in Politics & Government ➔ Law & Ethics
The 'harassment' was written and there were no weapons or threats involved
2006-09-12 09:56:27 · update #1
What you've been told is true. File the motion for dismissal. If you can't get that (and I don't see why you wouldn't), then let it go to trial, it will be a loss for the ADA and the judge will probably reprimand him/her for wasting the court's time.
2006-09-12 08:17:28 · answer #1 · answered by Anonymous · 1⤊ 1⤋
The prosecutor (ADA) ultimately decides whether the case is provable or not, based on the available evidence. The witnesses may not be the only available evidence, and the ADA may be willing or able to threaten the witnesses to force them to testify.
So, the bottom line is that if the prosecutor (ADA) believes a crime has been committed, they can continue to attempt to prove the case. But your lawyer can also make a motion with the court to dismiss, if the prosecutor no longer has sufficient evidence, because the witnesses have recanted or withdrawn their complaint. At that point, it's up to the judge to look at what the ADA still has for available evidence, and determine the outcome of your motion to dismiss.
As with all matters where your legal rights are at issue, you should consult with an attorney for legal advice.
2006-09-12 15:18:01 · answer #2 · answered by coragryph 7 · 2⤊ 0⤋
An ADA does not need a victim, just evidence to pursue a conviction.
I live in New York and work closely with the DAs office. I've seen several ADAs convict people even after the victim tries to drop the charges. This ADA has evidence against you somehow. You should speak to a lawyer (public defenders are totally acceptable).
2006-09-12 15:37:12 · answer #3 · answered by Anonymous · 0⤊ 0⤋
First, if the ADA determines that a crime has been committed, he CAN procede with the process. Even if the original complainants don't want to pursue the complaint, the DA can compel them to testify as to the facts.
If you can talk directly to the ADA and convince him, he may decide to drop the charges. If not, best advice is for you do get an attorney. If fact, the attorney may be the next person you talk to, even before the DA.
2006-09-12 15:27:42 · answer #4 · answered by Vince M 7 · 1⤊ 0⤋
I'm not a lawyer, and I don't live in NY, so the laws I live under are different, but it may be that connections have not been made in the paper trail that exists in any prosecutor's office, and it may soon be dropped. It is true in some cases that with no complaining witness a case becomes very difficult to move forward, and this doesn't sound like the kind of major felony in which that would no longer be the case. I would do nothing for now, but just in case, have an attorney in mind.
2006-09-12 15:16:16 · answer #5 · answered by j 1 · 0⤊ 2⤋
alot of this depends on what was the original harassment charge? then the statements made to police right after the incident that lead to the charge, these things can be used as evidence against you,
sounds like more then just verbal, was their a gun involved? or any weapon? if so then DA will still pursue best bet they have little evidence other then statements made by two people, and they do not show up on day of court or can be found to be subpoena to report
2006-09-12 16:02:21 · answer #6 · answered by goz1111 7 · 0⤊ 0⤋
Yes, what you've been told is true.
If you cant get the dismissal then you need to tell your friends not to show up for court the day it goes to court.
With no victim there is no crime.
If the complaints are not there to testify that you did anything wrong then the judge will have no choice but to throw it out, but before you leave make sure this was es ponged from your record.
If you were arrested and charges dropped it still shows up when a background check is run.
If it is es ponged its gone forever, know one will ever be able to find a record of it.
2006-09-12 15:24:09 · answer #7 · answered by bree30 4 · 0⤊ 1⤋
I know in Texas once it has left the police and goes on to the DA, there is no stopping it! I am so sorry I don't know anymore than that though. You should get a court appointed Attorney! Good luck to you and God Bless!
2006-09-12 15:18:37 · answer #8 · answered by sweethometexas2000 3 · 0⤊ 0⤋
The time to pray is now
2006-09-15 18:28:16 · answer #9 · answered by Pokie 2 · 0⤊ 0⤋