Victim of Assault Gets Arrested

[law_ny1]

What is the name of your state (only U.S. law)? NY

Hi, recently, I came home with my young son and parked by my home and was surrounded by two angry men, who banged the car, told me to get out and threatened to kill me and my son. I immediately initiated a 911 call to the police.

They started walking away, so I made out of my car to get in to my house. They turned around and followed me with a pipe. I was slashed in my arm buy the other guy.

The police came, I told my story and identified the two perps - they were arrested. Cops said the DA will call me in the morning. EMS came and wrapped me with dressing and told me to go home, bc my wife had high BP and she might need assistance.

I stepped out of the EMS, and cops told me to give my stuff to my wife, and then said we're arresting you too. Apparently lies go a long way about who did what. Cops refused to take pictures of my injuries, damaged door, or anything at the scene - INCLUDING REFUSING TO REVIEW MY SURVEILLANCE VIDEO.

The Video completely shows A-Z what happened, and I was clearly the victim.

In addition, everyday the cops show up of a an alleged report against me. I went to the precinct to report these false reports, and the cop didn't tell me any details about these reports but that they obviously know what they're doing.

I'm very concerned these outrageous false reports are going to get me arrested again, and that they can't do anything about that. "In the end you can sue for false reports" That's it? These people won't leave me alone, I'm the victim, and I'm scared. I can make false reports too, but that's not in me to do that. These people are criminal unscrupulous thugs that won't stop to get me. They even threatened my life at the precinct, when the cops stepped away. Please help with thoughts on how to protect myself, and defend against these BS charges. Thanks! Eagerly await replies....

 

[Just Blue]

What is the name of your state (only U.S. law)? NY

Hi, recently, I came home with my young son and parked by my home and was surrounded by two angry men, who banged the car, told me to get out and threatened to kill me and my son. I immediately initiated a 911 call to the police.

They started walking away, so I made out of my car to get in to my house. They turned around and followed me with a pipe. I was slashed in my arm buy the other guy.

The police came, I told my story and identified the two perps - they were arrested. Cops said the DA will call me in the morning. EMS came and wrapped me with dressing and told me to go home, bc my wife had high BP and she might need assistance.

I stepped out of the EMS, and cops told me to give my stuff to my wife, and then said we're arresting you too. Apparently lies go a long way about who did what. Cops refused to take pictures of my injuries, damaged door, or anything at the scene - INCLUDING REFUSING TO REVIEW MY SURVEILLANCE VIDEO.

The Video completely shows A-Z what happened, and I was clearly the victim.

In addition, everyday the cops show up of a an alleged report against me. I went to the precinct to report these false reports, and the cop didn't tell me any details about these reports but that they obviously know what they're doing.

I'm very concerned these outrageous false reports are going to get me arrested again, and that they can't do anything about that. "In the end you can sue for false reports" That's it? These people won't leave me alone, I'm the victim, and I'm scared. I can make false reports too, but that's not in me to do that. These people are criminal unscrupulous thugs that won't stop to get me. They even threatened my life at the precinct, when the cops stepped away. Please help with thoughts on how to protect myself, and defend against these BS charges. Thanks! Eagerly await replies....

So...You were random victim to two "angry men"?
You don't know these people?
There was no history between you all?

 

[sandyclaus]

My spidey sense is telling me that there's a lot more to this story that what we're being told here. I'm thinking that if we get even a little of the back story, than OP won't come off appearing quite as innocent as they would have us believe...

 

[tranquility]

What would you like the police to do?

They have a report from two people saying you were farkeling repeatedly and the police arrested you. Since the acts were not in their presence, I suspect it was a citizen's arrest--unless farkeling repeatedly is a felony.

Two people saying you committed a crime is usually enough probable cause, but, with any physical evidence of a fight or such, is certainly enough probable cause to arrest you. They have the vehicle and your injuries.

If you have video showing from A-Z that you were not farkeling repeatedly or show enough so that the others' stories are clearly not true, you might be able to sue them for (depending on the exact facts), false arrest, defamation or any of a number of things. That the police did not review all you evidence is of no merit. Get an attorney for the criminal charges. That attorney may advise as to any civil charges you (or they) may file in the future.

 

[CdwJava]

Who is making these ongoing "false reports?" And, for what?

If it is the same two strangers, why would they be making daily "false reports" against you? Do they live in your neighborhood?

I concur with Tranquility.

To me this sounds as if the stories do not necessarily indicate a single primary aggressor, but, perhaps, both sides. If you have video that shows definitively who started and did what, by all means let your attorney have it and he can probably present it to the DA and get the charges dropped right away. If it is edited or cropped in some way, it may not be as beneficial as you might hope.

 

[HighwayMan]

What exactly were you arrested for?

 

[quincy]

What exactly were you arrested for?

That, I am thinking, is key.

 

[law_ny1]

More detail**************

Thx for all the replies. I am quite innocent in this, as the video shows, I am being slightly vague bc of a public forum, and not to identify exactly the incident.

"Let your attorney have it and he can probably present it to the DA and get the charges dropped right away." --> Indeed, I gave a CD of this with time frames, dates, and 3 diff camera angles to my atty. You all would see this, and right away know the truth - even its premeditation how they waited for me and prepared weapons.

Backstory - Neighbors, special needs kid w/impulses throws stuff on their property (juice boxes, pencil) - Since locked down all windows. I tried to explain this to them nicely - apologized profusely. They are arrogant disgusting not understanding people, who taunt my kid as mental and should be slapped up side his head.

Final time he threw something, crazy wife screams and curses. Tells husband and relative exaggerations, and that I am the one that encourages this behavior. That night I was attacked by them. They believe the father is responsible and wanted to make sure I pay for this. I have documentation of my kids illness, and the taunting made him mad. He didn't do this to any other neighbor.

But, I know someone advised them to say I did something to them too, for "insurance", for me to drop charges and them. I believe the video shows all and they should rot. But even the captain asked who the hell made the decision to take me down too!! I was the victim, kid in car, surveillance video, I call 911 for help, and spend the night in booking....WTF is this world coming to??!!

Now they have a vendetta and WAIT for my kid to throw something - to call police and tell them I did it. They called detectives and CPS, and both agree that this is retaliation and "probably" the neighbor, BUT, "we have to do our job.. yada yada"

Today, despite the TRO, the assailant was practically dancing on my property in spite!!

I hope the DA has some sense once they see this. I would go to the press or put it on youtube! I will hope sanity first prevails. Thank you!

BTW, who would I sue for false arrest? The perps, or the cops? I already filed a CRB complaint against the precinct.

 

[tranquility]

Thx for all the replies. I am quite innocent in this, as the video shows, I am being slightly vague bc of a public forum, and not to identify exactly the incident.

"Let your attorney have it and he can probably present it to the DA and get the charges dropped right away." --> Indeed, I gave a CD of this with time frames, dates, and 3 diff camera angles to my atty. You all would see this, and right away know the truth - even its premeditation how they waited for me and prepared weapons.

Backstory - Neighbors, special needs kid w/impulses throws stuff on their property (juice boxes, pencil) - Since locked down all windows. I tried to explain this to them nicely - apologized profusely. They are arrogant disgusting not understanding people, who taunt my kid as mental and should be slapped up side his head.

Final time he threw something, crazy wife screams and curses. Tells husband and relative exaggerations, and that I am the one that encourages this behavior. That night I was attacked by them. They believe the father is responsible and wanted to make sure I pay for this. I have documentation of my kids illness, and the taunting made him mad. He didn't do this to any other neighbor.

But, I know someone advised them to say I did something to them too, for "insurance", for me to drop charges and them. I believe the video shows all and they should rot. But even the captain asked who the hell made the decision to take me down too!! I was the victim, kid in car, surveillance video, I call 911 for help, and spend the night in booking....WTF is this world coming to??!!

Now they have a vendetta and WAIT for my kid to throw something - to call police and tell them I did it. They called detectives and CPS, and both agree that this is retaliation and "probably" the neighbor, BUT, "we have to do our job.. yada yada"

Today, despite the TRO, the assailant was practically dancing on my property in spite!!

I hope the DA has some sense once they see this. I would go to the press or put it on youtube! I will hope sanity first prevails. Thank you!

BTW, who would I sue for false arrest? The perps, or the cops? I already filed a CRB complaint against the precinct.

If a citizen's arrest, the one who made it. If the police arrested, no one.

 

[CdwJava]

An arrest is based upon probable cause. Probable cause can be a very low burden of proof and can be as low as someone saying that you did something. Unless you can show that you were arrested without probable cause and the officers knew or reasonably should have known they lacked probable cause, then you will have no case against the officers, the precinct, or the city. You might have a civil case against your accusers if you can PROVE they knowingly and intentionally lied. Perhaps that lie can be proven by the video, perhaps not.

Give your attorney some time to work this. He is in the best position to advise you because he can access the police reports and any evidence (including victim and witness statements), and he can evaluate the strength or weakness of your defense.

 

[HighwayMan]

What were you arrested for???????

 

[quincy]

What were you arrested for???????

That, I am thinking, is still key.

 

[law_ny1]

Update......

hi, coming back to this thread with an update.
The arrest charge was menacing, totally based on the lie made by the neighbor, bc I called 911 on them.
Visited the ADA - very inexperienced - first plays devil's advocate by saying that "oh maybe the guy was moving his pipe to another truck" - while the video shows them prepping for an attack, and then show the actual attack. ADA leaves room, comes back and says "blown away by the clarity of this video" Anyway, no decision yet to drop the charges, but now it seems to be hinted or predicated on whether or not I'm willing to corroborate the charges against the other parties (if I sign, they will drop), but of course they tell me I might make the neighbors more angry - really??!!

ALL I want, is these SOBs to leave me and my family alone!!! They continue to call police and CPS on me, even when my kid and I'm not home!! Even if I agree to press charges, there will likely be NO jail time for them, and probably get off with a B Misdemeanor. So, what do you legal beagles think I should do?? I'd have to be available for court every time the DA snaps their fingers for the next X years?? Is it worth the hassle? I would want to have a PERMANENT ORDER OF PROTECTION (as much as possible) - is there any other way to do this besides pressing charges? What if I agree to go forward, they drop my charges, and then I later decide NOT to pursue - will be in trouble by the DA office?? Please advise... Thanks!

 

[law_ny1]

Anyone have any follow-up advice?

Please refer to my last post. Anyone have thoughts on what to do?

 

[CdwJava]

Only you can decide whether you want to request an order of protection or not. And even an order pf protection is NOT likely co prevent them from phoning the police unless it can be objectively proven that the only reason for the call was to hassle you.

If you are permitted to pursue charges against the neighbors and later drop them, you can pretty much expect that any future complaints by you will fall on deaf ears.

'Tis a quandary.