• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

NY State procedures for citizens arrest?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Status
Not open for further replies.

The Occultist

Senior Member
I would not want to do any jail time, but even that, if minor, would be preferable to having her run the streets here.
What harm is she doing by walking the streets that makes your cause so just?

By the way, if you go to court and report what you were told somebody else saw, that is called hearsay and is NOT admissible, and even a half-wit attorney with his bar in po-dunksville will know to have your testimony stricken right on the spot. Is this friend of yours willing to testify?
 


Danny 20720

Junior Member
What harm is she doing by walking the streets that makes your cause so just?

By the way, if you go to court and report what you were told somebody else saw, that is called hearsay and is NOT admissible, and even a half-wit attorney with his bar in po-dunksville will know to have your testimony stricken right on the spot. Is this friend of yours willing to testify?
Read through my posts to figure out what harm she can be doing to me. There is a lot more to this than what I am writing here. It is too long and involved, but she could cost me ½ mil. If she is apprehended here, maybe $5,000 to clean up the mess. Do the math.

It does not matter what happens if and when I would be called into court. That is rarely done and in her case, it would hardly matter as she is illegally here and all the fake documents speak for themselves. These are multiple felony counts, not jaywalking tickets.
 

xylene

Senior Member
Read through my posts to figure out what harm she can be doing to me. There is a lot more to this than what I am writing here. It is too long and involved, but she could cost me ½ mil. If she is apprehended here, maybe $5,000 to clean up the mess. Do the math.
How is some hooker you banged going to cost you $500,000?

Explain that.

How is the money you GAVE her now money she stole?

Explain that.

Oh, is it that it will come to light that you were paying a hooker for sex and that could wreck your job...

Bite rocks immigrant hater.
 

Danny 20720

Junior Member
How is some hooker you banged going to cost you $500,000?

Explain that.

How is the money you GAVE her now money she stole?

Explain that.

Oh, is it that it will come to light that you were paying a hooker for sex and that could wreck your job...

Bite rocks immigrant hater.
Loss of income, and that’s all I can say.

I didn’t give her anything, she conned me. I don’t ‘give’ money away. It was theft pure and simple. She will soon face charges on that.

My job allows me to ‘bang’ anyone I want, including hookers, as long as I only do it twice.
 

You Are Guilty

Senior Member
Loss of income, and that’s all I can say.

I didn’t give her anything, she conned me. I don’t ‘give’ money away. It was theft pure and simple. She will soon face charges on that.

My job allows me to ‘bang’ anyone I want, including hookers, as long as I only do it twice.
Are you Eliot Spitzer? I thought you already had a law degree.
 

Isis1

Senior Member
being conned is another way of you stupidly GIVING the money to her.

"arresting" her because she may or may not have the "documents" physically on her, is still not legal. she needs to have them on her person at the exact moment. not in her apartment, not in her purse sitting on the counter. and attacking her to get to them, isn't going to work for you either. you arresting her because someone told you she had them and THEN flying out there to attack her in order to verify, isn't going to cut it for you.

if your friend is SO sure, he/she can do the citizen's arrest. you doing it guarantees you going to jail.
 

CdwJava

Senior Member
Okay, let us assume that you fly to New York and detain her for the police. The police show up and you tell them she entered the US fraudulently ...

The cops are going to look at you with blank looks on their faces and are going to ask for your proof. Hopefully, for YOUR sake, she will have verifiably false documents on her person at the time of contact. If not, then you may be the one in deep doo-doo. In short, you had best be prepared to show proof of your claim there on the spot.

If you are unable to prove your case right there, and the officer does not believe there exists reasonable cause to make the arrest, the officer does not have to accept the arrest. If you come across as vindictive or delusional, and she comes off as believable, and you do not have proof of your claim as to a violation of New York state law (such as possession of a false government document) you may be out of luck. (Note that illegal entry is a federal issue and as I recall there are no federal statutes governing private person's arrest for violations of federal law.)

You run a terrible risk here. You have notified the appropriate authorities, now just let it go. If you race down to New York and start babbling to the local cops about her fake entry into the country using false documents, and she is not in possession of said false documents, you're going to come off as a loon. The local cops are not going to waste a lot of time researching her entry into the country absent some pretty compelling cause.

CPL 140-140.55 covers the laws of arrest in NY state:

http://caselaw.lp.findlaw.com/nycodes/SLCPL0P2THA140.html

- Carl
 

outonbail

Senior Member
OK, I'll bite, how do you stand to lose a half a million dollars if this princess for hire isn't arrested and/or deported?

Your other thread mentioned something about you giving her 40,000.00 because you were too simple minded to realize she was conning you.

But how does forty thousand turn into half a million?

Also, what will happen with your job when she tells them you had sex with her more than two times?

BTW, I happen to know someone who is being scammed like this as you read this. He has never met her in person, (although he claims the cyber sex is awesome :rolleyes:)

He has sent her in the area of 25,000.00 so far. Mostly for her family problems and medical procedures. Then he was told she died and the family needed money for the funeral.

He sends it.

Next thing you know, she did her Jesus Christ impersonation and now she's back above ground again!

But no one can convince this idiot that she is scamming him for all his hard earned money.

The way I see it, anyone who sends money to someone in another country under the pretense that they are in love and will some day be married, deserves to lose their money. A fool and his money,,,,,,,,,,
 

outonbail

Senior Member
One more question for you,,,

How do you know that the person reporting to you about all these fraudulent documents she is in possession of, is being honest? How do you know it is not her and/or a friend of hers trying to lure you into coming to their location so they can hit you over your gullible head and jack you for everything else you have in the bank?

I'm only asking asking because some people just never learn and you sound like you may be one of these people,,,,,
 

Danny 20720

Junior Member
being conned is another way of you stupidly GIVING the money to her.

"arresting" her because she may or may not have the "documents" physically on her, is still not legal. she needs to have them on her person at the exact moment. not in her apartment, not in her purse sitting on the counter. and attacking her to get to them, isn't going to work for you either. you arresting her because someone told you she had them and THEN flying out there to attack her in order to verify, isn't going to cut it for you.

if your friend is SO sure, he/she can do the citizen's arrest. you doing it guarantees you going to jail.
Issabella, I did not ‘give’ her anything, but that is where proving she broke the law is difficult, without question. I’ve already spoken to the county commissioners about filing charges against her, after she is in custody in NY. My point is that her lies were so unquestionably pervasive, that I know the entire ‘relationship’ was a fraud. I know this NOW without question. After she literally disappeared, I saw a lot of evidence that allowed me to learn this. Can I show all of this in court? No, not all, but I can show some of it. There were several instances where she requested money for some type of emergency. I later learned many of these emergencies never existed. This evidence can be presented in court because it can prove she obtained money under false pretenses. This is fraud.

This was not a case of a relationship gone bad. This was a case where she used me for financial gain from day 1. Was I stupid for buying in to her crap? Absolutely. Do I, or does anyone else, deserve to be conned out of hard earned money? Absolutely not. I don’t 'give' money away, but I will share it if I belive I am sharing my life with someone. But when in a relationship, we don’t normally keep records of our financial transactions. If we did, it wouldn’t be much of a relationship would it? But I still have enough proof to bring to court and am trying to gather more now. I may only be able to come up with enough proof to show that maybe $3,000 or $4,000 was obtained through false pretenses, but I can assure you, I learned enough about her after she disappeared to know in my heart that she only used me for money for the entire duration of this ‘relationship’. Unfortunately, courts don’t work that way and most of what I know cannot be presented there. But I will be happy just getting any type of conviction against her, even if not for the full amount.

You used the word ‘attack’ several times in your post. There will be no ‘attack’ as you put it. She will get what she deserves. She conned me, she conned the man before me, and she admitted to me she conned the man after me. She is NY state right now conning a man who just received $100,000 in inheritance money. This is how she ‘makes a living.’ She can get a legal job just as I did and the majority of other people do. She is intelligent enough to do so, she just chose to take a shortcut to wealth.

OK, I'll bite, how do you stand to lose a half a million dollars if this princess for hire isn't arrested and/or deported?

Your other thread mentioned something about you giving her 40,000.00 because you were too simple minded to realize she was conning you.

But how does forty thousand turn into half a million?

Also, what will happen with your job when she tells them you had sex with her more than two times?

BTW, I happen to know someone who is being scammed like this as you read this. He has never met her in person, (although he claims the cyber sex is awesome :rolleyes:)

He has sent her in the area of 25,000.00 so far. Mostly for her family problems and medical procedures. Then he was told she died and the family needed money for the funeral.

He sends it.

Next thing you know, she did her Jesus Christ impersonation and now she's back above ground again!

But no one can convince this idiot that she is scamming him for all his hard earned money.

The way I see it, anyone who sends money to someone in another country under the pretense that they are in love and will some day be married, deserves to lose their money. A fool and his money,,,,,,,,,,
I’ll lose the ½ mil as loss of income. There are other legal battles going on besides this case in NY.

My employer is well aware of her previous involvement in my life, it is a requirement of my job. They also know what is going on with all of this now, but it could complicate my position. It is possible I can resolve this with my employer regardless, but if not, it could result in a significant loss of income.

I am going to assume your friends girl is a Filipina. I have heard they can be resurrected.

Okay, let us assume that you fly to New York and detain her for the police. The police show up and you tell them she entered the US fraudulently ...

The cops are going to look at you with blank looks on their faces and are going to ask for your proof. Hopefully, for YOUR sake, she will have verifiably false documents on her person at the time of contact. If not, then you may be the one in deep doo-doo. In short, you had best be prepared to show proof of your claim there on the spot.

If you are unable to prove your case right there, and the officer does not believe there exists reasonable cause to make the arrest, the officer does not have to accept the arrest. If you come across as vindictive or delusional, and she comes off as believable, and you do not have proof of your claim as to a violation of New York state law (such as possession of a false government document) you may be out of luck. (Note that illegal entry is a federal issue and as I recall there are no federal statutes governing private person's arrest for violations of federal law.)

You run a terrible risk here. You have notified the appropriate authorities, now just let it go. If you race down to New York and start babbling to the local cops about her fake entry into the country using false documents, and she is not in possession of said false documents, you're going to come off as a loon. The local cops are not going to waste a lot of time researching her entry into the country absent some pretty compelling cause.

CPL 140-140.55 covers the laws of arrest in NY state:

http://caselaw.lp.findlaw.com/nycodes/SLCPL0P2THA140.html

- Carl
She carries the documents on her at all times. Not when she is walking around the house, but when she moves from one location to another, the documents are always with her.

I am going to NY this week to sign a criminal complaint against her. I can prove she is who I say she is before LE ever approaches her. I have all her bio data, including her real passport numbers, national ID numbers, home address in her home country, and a few personal items LE could get fingerprints from, if they want or need to take it that far.

If this person is in the US, I can guarantee she is illegal. Anyone that has obtained a VISA for the US should know how difficult this can be, especially from the country she is from. She has never filed a tax return and cannot show any proof of income; ever. I know in her country, if you apply for a VISA, these are things the Embassy asks to see before they will consider a VISA. Even then, 95% of the people who can show proper documents are denied VISA’s.

Possession of false documents is a felony. Even an underage kid showing a fake drivers license is committing a felony. Presenting false documents at the border is a felony. I’ve spoken to the NY State Police and they assured me they have the right to detain someone if they think they have entered the US illegally. Local LE may be able to do this as well, but the majority of the times, they don’t want to burden themselves with immigration matters.

I know there is a risk involved with this, but it is worth taking. I know who she is, I know what she has done. The person who has seen the documents (she was bragging about them) is willing to sign a complaint about her as well.
 

>Charlotte<

Lurker
The problem is your motivation. You're not acting out of a sense of altruistic patriotism, you're acting on a sense of bitter vindictiveness with no other goal than to make her "pay" for taking advantage of your foolishness. That, along with your refusal to accept the validity of any of the advice you've been given here, plus the fact that she was able to snooker you even against your better judgement, demonstrates a pretty severe lack of maturity and an inability to act rationally. When the police or any other agency picks up on your attempt to use the law as nothing more than a means to smack down some chick that got over on you, they're going to start blowing you off.

Do you really think that ICE would allow someone who has committed felonies such as these to walk? I don&#8217;t think so.
You'd better believe they would. I know of one agency for sure that has been specifically directed to not arrest illegals unless there is absolutely no way to avoid it. If they don't commit a murder at noon in the middle of town in front of news cameras, let 'em walk.

Issabella, I did not &#8216;give&#8217; her anything
Yes, you did. You even gave her more money after you became suspicious!

We seemed to hit it off quite well although there were occasional problems that I dismissed as normal in a relationship. Over the next 18 months, this girl cleaned me out of $40,000 USD. Family problems, housing problems, medical problems, you name it, I probably heard it all and shelled out money to help her. But after 18 months of this, I was growing suspicious of her true intentions and pretty much called her on it. She told me she wanted the relationship with me, asked for a little more money for a medical emergency and then promptly disappeared.

You're going to do what you want to do, so just go do it. Or, I guess the appropriate word would be just go try it.
 
Last edited:

Danny 20720

Junior Member
The problem is your motivation. You're not acting out of a sense of altruistic patriotism, you're acting on a sense of bitter vindictiveness with no other goal than to make her "pay" for taking advantage of your foolishness. That, along with your refusal to accept the validity of any of the advice you've been given here, plus the fact that she was able to snooker you even against your better judgement, demonstrates a pretty severe lack of maturity and an inability to act rationally. When the police or any other agency picks up on your attempt to use the law as nothing more than a means to smack down some chick that got over on you, they're going to start blowing you off.



You'd better believe they would. I know of one agency for sure that has been specifically directed to not arrest illegals unless there is absolutely no way to avoid it. If they don't commit a murder at noon in the middle of town in front of news cameras, let 'em walk.



Yes, you did. You even gave her more money after you became suspicious!




You're going to do what you want to do, so just go do it. Or, I guess the appropriate word would be just go try it.
You are correct that part of this is me being vindictive. But there is a lot more to it than that. Part of this is me protecting myself as there are still other legal issues yet to be resolved. Regardless, she is here illegally.

I don’t doubt for a minute that I am probably being blown off now by ICE. They’ve had her address for 18 days now I believe, and have done nothing. I’m hoping filing the criminal complaint helps motivate someone to pick her up. But I’m not going to count on that either.

I think the key word here would be did I ‘voluntarily’ give her the money. This is also what is so hard to prove in court. She did not use a gun or a knife to take my money, she used deception. I would have more respect for a person who uses a gun or a knife to rob you because they are at least being up front about their intentions.

There was NEVER a relationship. I know this now, but I did not know it at the time. And yes, there were times I was suspicious of her true intentions and questioned her. She always had an answer that made it hard to disprove her intentions so I gave her the benefit of doubt and continued on. I was stupid to do this, but in a relationship you have to have some trust (deserved or not) or there can be no relationship. She earned a measure of trust from me and used this to continue her con. During the times she was with me, I discovered (after she disappeared) that she was writing to other men, professing her ‘love’ to some and telling others that she would love to go on vacations, have sex with them all kinds of crap. During these same times, she was also telling me she wanted marriage, kids, the whole 9 yards.

One time she wrote to me telling me she was flat broke and needed money. I wired her $1,000. She flew to another country to be with another man THE NEXT DAY!!! I only learned this maybe 3 or 4 months after she disappeared. There was another time she asked for money because her brother had an accident at work. I wired her $1,000. She flew to another country to be with another man 3 OR 4 DAYS LATER!!! I never heard from her again after that one and learned her bother never had an accident.

Again, no one held a gun to my head to send her money. I did so on the belief we were sharing a life together. Was I stupid? 200% stupid. No one has beat me up more than myself over what happened in my life. I want some justice, if only a measure. No person, male or female, should be allowed to make a living this way. I cannot understand how anyone can condone behavior such as this.
 
Status
Not open for further replies.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top