My father is phsyically abuse and threatening and he got arrested 2 weeks ago because he came after me with a knife .
Now on the letter in which he got Charged
it says " The state of new york " Vs " Mathew " , that's his name
what does this mean ? Me and my father has been having problems since i was a teenager , and his illogical ways have always risen questions in me .
After a huge lenghty reserarch i have found out that , my depression , my anxiety , my panic attack , everything was due to Him. and Now i have something against him . I have a recording also with me that proves that he was yelling at me the day he tried to come after me with a knife..
Will this be good enough proof for me ?
Some told me that some judges won't even allow it ?
Also ... how can i get free legal advice ?
and what does it mean by State Vs My father. What are the chances of ME going to JAIL ? ( i am very paranoid right now , since my dad , mom and bro are all against me , because i want Justice)
2007-10-04 03:34:18 · 14 answers · asked by sum142121 1 in Family & Relationships ➔ Family
The state is the person filing suit against your father. This is just how they identify the parties to the legal action. Because your father is being charged in criminal court, the state of NY files the complaint against him. If you were suing him in civil court, it would be you vs your father instead of NY vs your father.
The citizens pay taxes to provide a legal system and prosecutors to enforce the laws. We also pay for defense attorneys for those who can't pay for their own. The system has a lot of problems, but is generally regarded world wide as one of the most fair systems, albeit frighteningly expensive. With the relatively recent discovery of reasonably efficient DNA testing methods, we have learned that a lot of our safeguards against wrongly convicting people are necessary and in fact did not protect a significant number of innocent people even then. What society needs to balance is the cost of enforcing its laws with both the long and short term benefits.
As you have mentioned, the cost of the criminal behavior of your father has been very high, you are suffering in ways that have and may continue to take a toll on you and the people involved in your life for years to come.
So it is in the best interests of our society for us to pay the taxes necessary to finance the legal system that will hopefully give your father a fair day in court and ultimately convict him if he is guilty.
I don't see anything in your letter that would suggest you would go to jail. You have to be charged with a crime first, and it doesn't sound like anyone has done that.
If you are worried that your father's defense will be to accuse you of behavior that was criminal, its a long path from the testimony of an accused man pointing the finger at his child, to a charge against that child. Very very unlikely in my mind, but I don't know all the facts.
I think that the fact that the prosecutors have seen fit to file against your father, speaks volumes to the strength of your case and makes any counter claims against you seem like self serving defense maneuvering.
So, don't worry about going to jail if you didn't do anything. And I hope your family will understand that abusers need to be confronted and stopped and turn around and support the one family member, you, who is willing to stand up to him.
2007-10-04 03:47:45 · answer #1 · answered by John M 7 · 0⤊ 0⤋
The state is the government. With criminal proceedings they are the ones who would be after your father. Technically you would only be a witness for the state. You will be given free legal advice, just talk to the prosecuting attorney assigned to the case. If you do not know who that is, call up the District Attorneys office and ask them for some assitance. '
Let them know your fears and they should be more than happy to help you out. Also make sure you let them know ahead of time about the recording. You cannot just bring it to court and pop it on for everyone to hear. There is a system in place where all evidence must be presented beforehand and will be ruled admissable or not at that time.
2007-10-04 03:39:25 · answer #2 · answered by Rick R , Super Duper Samurai 侍 7 · 0⤊ 0⤋
I don't think you are gonna go to jail, or nothing, your family is agaist you because they're afraid he might. Pulling a knife on his own kid!!! he should be ashamed. Most judges will allow tape recordings as evidence in courtrooms as long as the discussions are not recorded. It should not be a problem. You won't go to jail, he probably will. get your own lawyer and stand your ground. Also with your own legal counsel your lawyer cannot share any details about your case with anybody except you in person if asked. They'd be breaking the law themselves.STAND YOUR GROUND YOU ARE THE VICTIM sounds hard, but believe me even if it means breaking up your family by proving your father wrong, you still dug in your heels. I don't know you or your full situation, but, as far as I can tell he's been emotionally and psychologically abusing you all your life. Ask yourself... do i want to (possibly) end up being estranged from my family or do I want justice to prevail?
If your answer is 2nd you can get a free lawyer and all info is protected the state vs.(your father here) means he doesen't have a lawyer aginst him yet,and /or he has commited fraud.Its his problem provided you are over the age of majority (21) you can build a case against him or at least put a restraining order against him. remember: you can't please everybody....
2007-10-04 04:59:54 · answer #3 · answered by don't be a hater 4 · 0⤊ 0⤋
The State is pressing charges against your father. They make the decisions to pursue or not to pursue criminal charges against your father. You cannot tell the State to drop the charges (even if you wanted them to). The State is acting on its own accord.
Some judges don't allow taped conversations unless both parties consented to being recorded. There could be an exception in your case, but I'm not sure about that.
If the State is going after your father, though, they must think they have enough to convict him at this point. Keep your tape just in case and be sure the Attorney for the State knows about it. Make a copy for yourself if the State wants a copy.
2007-10-04 03:44:01 · answer #4 · answered by Loves the Ponies 6 · 0⤊ 0⤋
State Vs. Your Father just means that the State is pressing charges against your father for the incident he got arrested for. As far as free legal advice I don't know, but I'm sure there is somewhere.
2007-10-04 03:37:55 · answer #5 · answered by meisawesome 2 · 1⤊ 0⤋
It means that the state is prosecuting your father for assault or whatever else he may be charged with and good for them. The state will advise you of your rights and wouldn't prosecute if the didn't think they would win, usually. You need to talk with the prosecuting attorney. Good luck! I'm so sorry you are going through all of this.
2007-10-04 03:43:37 · answer #6 · answered by Janet H 3 · 0⤊ 0⤋
the state vs dad means the state is taking him to court. If it were for abusing you I would think that social services would have removed you from the home. If you have done nothing wrong don't worry about going to jail.. The state is taking him to court not you. If there is anybody who has any clue about how your life has been in the past several years they would be good witnesses.
2007-10-04 03:38:37 · answer #7 · answered by Anonymous · 0⤊ 0⤋
You don't necessarily need a lawyer, but you need to find out how to file a suit and get on the docket with a judge. Explain the situation. the judge will then decide if he will force your ex to submit herself and the child for a paternity test. Alternatively, tell the new guy that there is a chance that the baby is yours and that he should consider whether to do a DNA test privately (non-legal). If the test shows that the baby is his, you will congratulate him and move on. Offer to pay for the test and insist that this will be a legally non-binding test (then there should be no excuse for her to refuse). She is not yet married, so you need to get in there NOW to get this sorted out legally. Otherwise, once they marry, your chances of having the test done are almost nil.
2016-05-20 22:32:25 · answer #8 · answered by ? 3 · 0⤊ 0⤋
basically it is a fancy way of saying the police vs. your dad... since he was arrested... You going to jail I don't see that you were not with the knife. Your father needs help and I hope that he sees that... As for you, you need to get some type of counseling.. no child/adult should have to go through that...
2007-10-04 03:39:05 · answer #9 · answered by De 5 · 0⤊ 0⤋
The state is filing charges against your father. They are the Plaintiff. No, you will go to jail. Good luck with that. You're dad's a psycho. Do you have a PPO against him? I'd get one immediately so if he comes around, he'll get locked up.
2007-10-04 03:37:57 · answer #10 · answered by Anonymous · 1⤊ 0⤋