Falsely arrested!!!

I don't have pictures anymore:\

Something metal hit my primary hard drive, which the pictures were saved on:p , and fried it.

Hopefully I really don't NEED pictures.....

I fixed my old computer though, that makes me VERY happy because I have no knowledge of fixing computer and I did it lol. Hard drives, boot diskette, BIOS, videocards.....

I'm happy though, I've been waiting for someone to come fix it=D

I really hope this is enough to help me. I won't talk to the other person because he's the one who started all these lies:X
 
Aiyeee.... I wish I had seen this earlier.

I would have advised you NOT to contact the witnesses in your case, at least not without a lawyer.

You need to understand that it's possible what you are doing could be construed as witness tampering, which is illegal. If you had an attorney to do this, they would have known what to say and how to say it without committing a crime. But it's very tricky to do it right, and without knowing what you said to them, I'd say there's every chance in the world you may have done something illegal... And if you did, the prosecutor will now have legitimate grounds to bring even more charges against you.

See, this is why you should really, really get a lawyer.

If you had a strange growth on your arm, you wouldn't try to do surgery on yourself, would you? Why are you treating your legal situation any differently?

Do whatever you can to get a lawyer, PLEASE.
 
That makes me not so happy anymore:(

Should I just not even mention it to the ADA, police, or Judge:\
 
JuicyJay said:
I haven't done any of that.....

Seems like witness tampering is a forcefull, bribery, or violent act. From what I read in that, I have not committed Witness Tampering.
Click to expand...

You also didn't deal drugs - but that didn't stop the prosecutor from charging you on the flimsiest of evidence, did it?

The other potential charge is obstructing justice.

BTW, your link goes to the federal law re witness tampering. If the prosecutor against you were to bring charges for this, it would be under NY state law, which is defined differently.
 
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JuicyJay said:
That makes me not so happy anymore:(

Should I just not even mention it to the ADA, police, or Judge:\
Click to expand...

There's no way I can answer that question without knowing more.

This is part of the reason I keep telling you to get an attorney. Nobody can really give you decent advice without sitting down with you, face-to-face, and talking to you for a couple hours about all the facts in your case. Even the best lawyer in the world couldn't give you solid advice without doing that.

It really is just like going to a doctor. A doctor needs to examine you *in person* to figure out what the problem is. If you just send them a couple emails or online posts, there's about a million things they could miss.

You keep asking for advice, and I'm giving it to you: Do whatever you can to get an attorney. If you cannot afford one, you absolutely have to push the judge as hard as you can on this point.

That's the best advice I can give you. If you keep asking me for my advice, only to ignore it, I don't know why I should spend my time giving it to you.
 
Here are the NY laws governing witness tampering:

http://public.leginfo.state.ny.us/menugetf.cgi

§ 215.10 Tampering with a witness in the fourth degree.
A person is guilty of tampering with a witness when, knowing that a
person is or is about to be called as a witness in an action or
proceeding, (a) he wrongfully induces or attempts to induce such person
to absent himself from, or otherwise to avoid or seek to avoid appearing
or testifying at, such action or proceeding, or (b) he knowingly makes
any false statement or practices any fraud or deceit with intent to
affect the testimony of such person.
Tampering with a witness in the fourth degree is a class A
misdemeanor.

§ 215.11 Tampering with a witness in the third degree.
A person is guilty of tampering with a witness in the third degree
when, knowing that a person is about to be called as a witness in a
criminal proceeding:
1. He wrongfully compels or attempts to compel such person to absent
himself from, or otherwise to avoid or seek to avoid appearing or
testifying at such proceeding by means of instilling in him a fear that
the actor will cause physical injury to such person or another person;
or
2. He wrongfully compels or attempts to compel such person to swear
falsely by means of instilling in him a fear that the actor will cause
physical injury to such person or another person.
Tampering with a witness in the third degree is a class E felony.

§ 215.12 Tampering with a witness in the second degree.
A person is guilty of tampering with a witness in the second degree
when he:
1. Intentionally causes physical injury to a person for the purpose of
obstructing, delaying, preventing or impeding the giving of testimony in
a criminal proceeding by such person or another person or for the
purpose of compelling such person or another person to swear falsely; or
2. He intentionally causes physical injury to a person on account of
such person or another person having testified in a criminal proceeding.
Tampering with a witness in the second degree is a class D felony.

§ 215.13 Tampering with a witness in the first degree.
A person is guilty of tampering with a witness in the first degree
when:
1. He intentionally causes serious physical injury to a person for the
purpose of obstructing, delaying, preventing or impeding the giving of
testimony in a criminal proceeding by such person or another person or
for the purpose of compelling such person or another person to swear
falsely; or
2. He intentionally causes serious physical injury to a person on
account of such person or another person having testified in a criminal
proceeding.
Tampering with a witness in the first degree is a class B felony.
 
It doesn't appear that JuicyJay violated NY's witness tampering law, but MahanAtma is right, the prosecutor is unpredictable. I defer to MahanAtma's suggestions in all his posts on this thread.
 
I'm sorry to be naive and not taking advice by getting a lawyer. I will the judge why I am not appointed a free laywer because I can not afford one:\

If this isn't solved this week, I guess I'll be getting one. Especially if for some reason I go to trial:p
 
My case was DISMISSED without prejudice.

I am getting my prints back and having them out of the system!

I am so relieved. Nothing better happen from now until I leave, then they get resubmitted.....
 
Great, I'm happy to hear it.

Keep in mind though that "without prejudice" means the prosecutor can file charges again -- not trying to rain on your parade, just wanted you to be aware of that.
 
Yes, I was aware of that:)

He made clear that if I were to get in trouble agian, he could reinstate those charges. Even then, I am still innocent but would then have a lawyer:D

As long as no one lies to the police, I'm good to go. I don't drive, I don't really leave my house. I sit here and wait the day I leave which is in......... 15 days8o
 
I don't think I ever said thank you for everyone's help :) Soooo, thank you!!!
 
Congrats! Great result!

Can you elaborate a bit on why the case was dismissed, JuicyJay? Or do you not know?
 
The ADA and the two Judges that were in the room all agreed there was no substantial evidence to prove I am innocent or guilty. Therefore, I am innocent until proven guilty, which I would never be. The agreed that because I am leaving for the navy soon, I could not get an AOCD because the military is very specific, especially my job. I would not even take an AOCD if that was available, because I am %100 innocent and they couldn't prove anything. They said however, if I get in trouble before I leave, it would be brought back up. I'm not worried about that though.

I'm going to get my prints in a few minutes :)
 
seems like a prime case of crazy small town politics 8(

glad to see you made it out ok
 
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