Help-Illegal arrest, BS charges by neigbor

[HelpRobL]

What is the name of your state? New York, Nassau county

My arraignment is in 2 days...

Last Thursday 2 detctv's aproached me outside my house ask me if i'll to answer ?\'s about a neigbor issue. I ask if being arrested, told no, they just want to get my version of story & ask if i'll come to station to help clear up issue. I say yes & ask if ok to go into house & change out of work clothes, they say yes. 2 min's later after going to bathroom and while changing 1 detective barges into house and starts yelling. I walk down stairs in underwear see cop in house, i ask if he's got a warrent, he doesn't answer, i yell "get out of my house!". He walks towards me and yells for me to put on pants or he'll cuff me now in underwear. He follows me upstairs into my bedroom, i put on pants, he leads me to car, No rights ever given, only threats to comply or else things will get bad. 2 non-related upstanding adults, an x-soldier & a buisness lawyer witnessed & heard ALL the above. Again, no rights were ever given, denial of intent to arrest, no warrant, i told to leave my house and i never obstructed.

At station, no rights given. I was told of accusations that I denied. Their only evidence was some emails that didn't match accusations and accusers verbal words of harrassment without evidence. I answered truthfully to questions. they then booked me.

I was released on $400 bail. Arraignment Thursday.

Was arrest legal? Do I need lawyer?

I have copies of all emails including one's sent from accuser and written affidavit's from witnesses.

Thanks,
RobertWhat is the name of your state?

[CdwJava]

What is the statute under which you are charged?

Whether their entry was lawful or not will depend on all the facts - including what the officers had to say about their justification to make entry to the home.

A lawyer would be highly recommended.

- Carl

[seniorjudge]

Originally Posted by HelpRobL

...
Was arrest legal? Do I need lawyer?
....

Yes; hire one yesterday.

[HelpRobL]

Dear CdwJava et al.,

Please pardon my ignorance. I'm a 40 yr old working dad w/ 2 young
children, no priors or experience other than TV shows. I've just re-read
my 1st post & it's abreviated to 100% accurate facts leaving out (as far
as I can tell), only fluff... I'm very aware that if I lie, misconstrue
or neglect anything of import all advice is useless and it'll come out
anyway as things (ugh!) progress.

Statute - NY Penal 240.30(2) Aggravated Assault

Entering House - If i'm told i'm not under arrest or being arrested and
am inside my house how can they enter without a warrant and then when not
showing and factually not having a warrant when asked remain inside and
then entering even further into home using threats, then follow me
upstairs into my bedroom, place me under arrest without charge and not
reading me my rights, after I clearly and relatively forcefully tell them
to leave and that they've no right of entry? I was actually on the phone
with my company lawyer asking advice while changing and told the officer
so with phone in hand during the whole house entry event and he told me
he heard the whole exchange.

A neighbor was at his window, saw & heard the outdoors exchange, saw the
detective walk into my house and said our voices were clearly loud enough
to also hear the interior verbal exchange.

I'll find a good criminal attorney, now!

Thanks again and any and all advice or suggestions are requested &
welcome.

Robert

[xylene]

Why are your dodging the real issue.

What were you accused of? I read the charge - tell us a story.

Accused by whom?

You assualted your neighbor?

Or did your neighbor accues you of assualting someone? who would that be?

NY has serious laws concerning Domestic Violence.

[CdwJava]

As I said, there could be any number of reasons why they entered the home. Perhaps they felt you were detained or arrested, and you were taking advantage of their good nature and attempting to flee or arm yourself. Perhaps they had permission from a roommate or someone else in the house. Perhaps the door was ajar or unlocked and they called inside and did not hear anything.

Detention issues are different in NY than they are out here, because there they actually bring people in for questioning ... out here we call that an arrest - in NY state they seem to call that S.O.P. and a detention.

These issues are very fact dependent and will pass or fail depending on the arguments of the parties involved. To assert an unlawful arrest or entry you will have to hire an attorney. However, even if the arrest was unlawful, it will NOT force a dismissal of the underlying criminal case. The two issues are separate matters to be handled independently of each other.

Even if the arrest was bad, the charges will remain. Only any evidence they might have seized form a bad search or arrest will stand chance of being suppressed - not the allegation under investigation in the first place.

Consult local counsel.

- Carl

[HelpRobL]

Disclaimer:
I'm so flustered u've no idea... NY 240.30 is Aggravated Harassment, a misdeamor, NOT Assault which is a fellony... Sorry for that.

To Xylene:
U funny, unfortunately the story isn't very titilating. No violence or sexual intrigue... Only accusations that I harassed someone by sending too many emails regarding a business deal he kept promising to consumate but delayed so long that he lost it... Effectively, he's blaiming and trying to hurt me for his negligence.

To Carl:
I still find it amazing that police can tell a citizen that they're not being arrested nor levelling any charges when asked directly, then enter a house MY house without a warrant, refuse to leave when I tell them, and in fact arrest me without levelling any charges nor giving any Morenda statement all for a Misdemeanor charge... Anyway, I've got council now and will have to go with the flow.

Robert

[Zigner]

At the time they asked you weren't being arrested.
And, just to clarify, they don't HAVE to advise you of your Miranda rights when you are arrested.

[tranquility]

But, they are supposed to on a custodial interrogation. I think it is clear there was an interrogation at the station and I believe it is objectively reasonable to believe the person was in custody based on the actions of the officers.

[Zigner]

Originally Posted by tranquility

But, they are supposed to on a custodial interrogation. I think it is clear there was an interrogation at the station and I believe it is objectively reasonable to believe the person was in custody based on the actions of the officers.

It doesn't invalidate the arrest - only the usage of any answers...