What is the name of your state? NY Please advise! I own a family trucking business, where I'm suing someone in Supreme Court (Civil) for nonpayment of work that we performed. The very next dayafter he was served papers he attempted to run my daughter in law off the road with his truck, she called 911, gave license plate # and went to police to file complaint, police inturned called truck driver who said it wasn't him. 2 days later where he attempted to run her off road , she immediately went to police again to file complaint, they would look into this. Complaint was written up but they choose not to follow through at that time as officer went on vacation. My son supposeably called this guy on his cell phone (who at one point prior to law suit was a friend, and spoke all the time on phone and worked for each other) to say "KNOCK IT OFF, LEAVE MY WIFE AND KIDS ALONE", I guess somewhere about 2-3 weeks after this alleged incident my son was arrested for Harressment (criminal), and a restraining order was put in place. It was explained to the judge that the two companies work in same area hauling from same quarries and job site. Supposeably my son passed him on a major highway, while we were delivering to our job, within an hour the police called my son's cell phone and was arrested for violating the restraining order. The next alleged event my son was coming out of a deli, this guy was driving on the road said my son made some gesture towards him, 2 days later he went to police to complain, my son was arrested again for violation of restraining order. He has appeared in court plead NOT GUILTY to all, his attorney requested JURY TRIAL, in all three different courts. My son's attorney requested discovery from DA which is only the complaint, no phone records or anything else. It was brought to DA's attention that there is a pending Lawsuit against this person, and incidents of running off road prior to his alleged charges against my son, but she states this person is very creditable and all our stuff has nothing to do with this!!
The DA, has offered a plea bargin to reduce this offense to a violation, no fine etc., but my son decided not to take deal, as he feels he is innocent of these charges and wants to prove this in court. The DA, the day a jury was to be picked decided to change her mind on the charges and reduce them to just harressment, so she can now have a bench trial instead of jury trial. Is this Right!! Next the original charges states use of electronic device, the new charge is WITHOUT ELECTRONIC DEVICE, so how did the harressment occur is my question? Our attorney requested that the DA put in writing her reasons for her reduction in charges as did the judge, She was ordered by the judge to comply with this.
The DA, has offered a plea bargin to reduce this offense to a violation, no fine etc., but my son decided not to take deal, as he feels he is innocent of these charges and wants to prove this in court. The DA, the day a jury was to be picked decided to change her mind on the charges and reduce them to just harressment, so she can now have a bench trial instead of jury trial. Is this Right!! Next the original charges states use of electronic device, the new charge is WITHOUT ELECTRONIC DEVICE, so how did the harressment occur is my question? Our attorney requested that the DA put in writing her reasons for her reduction in charges as did the judge, She was ordered by the judge to comply with this.
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