NY State procedures for citizens arrest?

[xylene]

You can't even make 1 paragraph without self-contradicting...

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...

Damn, man.

You just don't see how this is not a crime, and how your problems mean nothing to law enforcement, and an illegal immigrant (with means no less) is not going to be citizens arrested for status, least of all in a sanctuary state with a WEAK citizens arrest doctrine.

 

[outonbail]

There is one more point I should bring up. According to your first post on this matter:

Long story short; I met a girl 38 months ago in a foreign country. She initially seemed incredibly sweet and although I only spent a few days with her, I invited her to fly to another foreign country to be with me. I was working outside the US at the time.

If this charmer bilked you out of your money while you were working and living in another country, you will have a hell of a time bringing charges against her in this country. Did she ever live with you in this country?

Additionally, you invited her into your life after just having met her in another country. She didn't force herself on you. So how are you going to prove that she intended to scam you and that this is not a matter of a heartbroken man upset over a failed relationship, who is now claiming all the money he gave her on his own free will (see gift) he has now decided was not a gift but a theft by deception?

I think your best course of action would be to let it go, put it all behind you and move on with your life. Consider it an expensive lesson on love and life.

 

[Danny 20720]

Damn, man.

You just don't see how this is not a crime, and how your problems mean nothing to law enforcement, and an illegal immigrant (with means no less) is not going to be citizens arrested for status, least of all in a sanctuary state with a WEAK citizens arrest doctrine.

You seem to be referring to my claim the woman used me for money. That will not be filed in NY, but rather my home state. I’ve already talked to my county commissioners who would be responsible for deciding what they would move on to court when I file charges. At first, they came back as many others here have posted here, and said I voluntarily sent her money. They told me I needed specific instances where this woman deceived me to gain money. I outlined a few and they said yes, the instances I spoke of would be considered fraud. That is from the courts, not me. I know it’s fraud and I also know it is almost impossible to prove. But there have been cases where fraud committed in a relationship has been proven in court. But it is rare because it is so hard to prove. But fraud is a crime in the state I live in.

The matter in NY is for the fake documents she possesses. Her ‘status’ as you put it, is felonious. NY is weak on citizens arrests but it is still possible. I am trying to avoid that and hope when a criminal complaint is filed for the felonies, that ICE or LE will pick her up. Once signed, it becomes a formal complaint. What happens if LE ignores her and she ends up killing someone, accidentally or not? Can ICE or NY state be held accountable because they knew she was here illegally and did nothing? I’m hoping the criminal complaint motivates someone.

 

[Isis1]

you know.....if this were true, i can hold my ex on a citizen's arrest for all the rent i paid, the vacations i took him on, ruining my credit. i didn't know MY stupidity was a crime for him!!

dude, you GAVE her the money. get over it. stop STILL being stupid. take a lesson.

 

[>Charlotte<]

What happens if LE ignores her and she ends up killing someone, accidentally or not?

I wonder if I can post "now you're just being absurd" before outonbail beats me to it?

ETA: Yep.

 

[tetsubo]

I saw this thread and felt I just needed to reply. What first caught my eye was the fact that she was an illegal. My wife is foreign and we went through alot of trouble after we got married because we didn't have the foresight to collect all sorts of "evidence" agents expect to see. For a time, she was considered illegal here.
It always bothers me when people attribute their agression towards illegal immigrants to the crimes that these illegals may or may not be committing on top of the crime of just wanting to be here. If you are really concerned about those potential crimes then you should be focusing on them, not on the non-violent crime of seeking a better life/wanting to be with loved ones.
You might argue that being illegal makes a person harder to track down, prosecute, and hold but lets face it: you found her.

You are obviously trying to bust her for some purported crime rather than the confidence scheme that she actually played you with. Like other members of the forum I doubt the vailidity of her claims to have multiple fake passports (I have known people who claim simmilar things despite having been born in the US and having no need for them) and I doubt your ability to prove it or locate them even more. Keep in mind any evidence obtained illegally may be dismissed in court.

Also to me it sounds like if you went to police with this people might think that all that money you sent her was to pay for the fake passports she would need to come and be with you in the united states and not for medical expenses and whatever other excuses you allege her to have used. Can you prove that she asked you for money for medical expenses and not for fake IDs, passports and smugglers?
Can you actually prove that you were not an accomplice in these felonies you want her to get caught for?
Is that the real reason you want to do a citizen's arrest?

 

[Buck1496]

NY Citizens Arrest

Does not need to be a FELONY

1. Subject to the provisions of subdivision two, any person may
arrest another person (a) for a felony when the latter has in fact
committed such felony, and (b) for any offense when the latter has in
fact committed such offense in his presence.
2. Such an arrest, if for a felony, may be made anywhere in the
state. If the arrest is for an offense other than a felony, it may be
made only in the county in which such offense was committed.
This is Sec. 140.30 of the NY Criminal Procedure Law
Look up NY CPL

 

[CdwJava]

Does not need to be a FELONY

1. Subject to the provisions of subdivision two, any person may
arrest another person (a) for a felony when the latter has in fact
committed such felony, and (b) for any offense when the latter has in
fact committed such offense in his presence.
2. Such an arrest, if for a felony, may be made anywhere in the
state. If the arrest is for an offense other than a felony, it may be
made only in the county in which such offense was committed.
This is Sec. 140.30 of the NY Criminal Procedure Law
Look up NY CPL

Buck, this thread is more than 2 years old. The OP has likely long since gone away ... though I would be interested to find out what happened when/if he tried this citizen's arrest idea. I can think of a number of reasons why the woman who is the object of his ire would just walk away ... I wonder if she did.