Don't want to take plea to false charges

[musicalshore]

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


I was recently in a relationship with a woman that went sour. She was extremely abusive to me during the relationship and would not leave me alone when I tried to break it off. I went to the police and filed a criminal complaint, and I went to family court to get a restraining order. The OOP was served, and a few days later she went to the police and had me arrested for assault. She claims I hit her and she showed them bruises.

They've combined our two cases under something called Integrated Domestic Violence court. I've gotten a copy of the criminal report that she made. First off, the date of the alleged incident is wrong. She states the incident took place on Jan 20 at 8PM. The incident that she is embellishing upon took place in the early hours of Jan 20, when I called 911 on her due to her threats and because she wouldn't leave my apartment. The DAs office claims they looked into the 911 call and found no record of it, but when I called the emergency services center, they were able to verify that a call came in at 4:00AM responding to "threatening".

Anyway, I'm worried because I've been told by someone in the public defender's office that this was a bad judge presiding over the case' He called her a dangerous judge. I expected the DA to throw the charges away, but they've offered me a plea. There's absolutely no evidence against me, it's her word against mine. I can produce witnesses that I was not with her at the time she described, but I don't know how credible they will be perceived. I'm completely innocent and if anyone should be on trial, it should be her for the things she has done to me. I understand that she has been quite relentless in pursuing this case. Is there any way I can get the DAs office to pull in that 911 record? My lawyer has not been very forthcoming with information and he doesn't seem to be familiar with the court that I'm in. The PD told me that this particular judge was not from a criminal court background, where they are supposed to judge based on fact, but from civil court.

They have offered me a plea to a violation charge of harassment and agree to drug & alcohol counseling. I don't want to take this plea, my lawyer is pushing me to take out. I don't want to plead guilty to something I didn't do.

 

[divona2000]

double post

 

[musicalshore]

I wasn't sure where to post. I'm charged with a crime, but I'm in IDV court. This forum seems to get more replies than family court forum.

 

[dave33]

The basic problem you have is money. Public defenders often push for the deal because they understand they do not have the resources to mount a good defense. Motions need to be filed and research into state law and case law all come into play when filing a credible motion. They simply do not have the time and/or manpower. When pushed to trial they often file generic motions and lose. In this context they feel a guilty plea is your best option.

You may want to try and hold out on any plea deal and see if the p.d. can work something out in the conference phase in a less official manner. Although it sounds like the charge has been reduced as much as possible w/out a dismissal.

The information your p.d. gave you about the judge seems to represent they are strongly urging the plea.

It makes no difference to you but the state receiving plea deals for this reason is common.

 

[st-kitts]

What is the name of your state (only U.S. law)? New York
I was recently in a relationship with a woman that went sour. She was extremely abusive to me during the relationship and would not leave me alone when I tried to break it off. I went to the police and filed a criminal complaint, and I went to family court to get a restraining order. The OOP was served, and a few days later she went to the police and had me arrested for assault. She claims I hit her and she showed them bruises.

OK

They've combined our two cases under something called Integrated Domestic Violence court.

Each IDV Court should empower a single judge with the authority to handle family, criminal and matrimonial matters. These inter-related cases constitute the crux of the IDV Court's jurisdiction. Criminal allegations of domestic violence should form the threshold requirement for entry into the IDV Court, with related cases in at least two of the three areas of the law.

I've gotten a copy of the criminal report that she made. First off, the date of the alleged incident is wrong. She states the incident took place on Jan 20 at 8PM. The incident that she is embellishing upon took place in the early hours of Jan 20, when I called 911 on her due to her threats and because she wouldn't leave my apartment.

So there is a discrepancy in her report, but you do indicate there was an “incident.” So, you are saying here that she is only confused about the story, not outright lying…

The DAs office claims they looked into the 911 call and found no record of it, but when I called the emergency services center, they were able to verify that a call came in at 4:00AM responding to "threatening".

Request a copy of the report yourself. Keep in mind however that the first person to the phone doesn’t “win” in domestic violence reports. Peruse this board and read all the posts of people that called 911 during an argument and were then arrested when the police arrived. And, that report could bolster her story.

Anyway, I'm worried because I've been told by someone in the public defender's office that this was a bad judge presiding over the case' He called her a dangerous judge.

So, you may face a risk of a harsher sentence if you face this judge rather than take a plea.

I expected the DA to throw the charges away, but they've offered me a plea. There's absolutely no evidence against me, it's her word against mine.

Her testimony is considered evidence. And the bruises you mention may be considered evidence as well.

I can produce witnesses that I was not with her at the time she described, but I don't know how credible they will be perceived. I'm completely innocent and if anyone should be on trial, it should be her for the things she has done to me.

Probably not going to matter. This isn’t Perry Mason. You and she both agree there was an “incident” but differ as to what happened and who was the aggressor. It looks like you are saying it happened the morning of January 20th and she says it was the evening. So, you both agree it was probably dark outside and it was January 20th…

I understand that she has been quite relentless in pursuing this case.

If the “she” you are describing is the victim, this probably doesn’t matter. Victim’s wishes are considered during sentencing, but really the DA does not pay too much attention prior.

Is there any way I can get the DAs office to pull in that 911 record?

The DA represents the state. You are the defendant. They are not going to go searching for information to exonerate you. That is your or your lawyer’s role. Again though, I really think that if you whole case hinges on “I didn’t do it at the time she said I did it” you are in trouble.

My lawyer has not been very forthcoming with information and he doesn't seem to be familiar with the court that I'm in.

Your lawyer, the public defender? Public defenders generally spend a lot of time in court so I doubt that is the case. If you have a PD, you may be able to ask for a different one to be assigned to you.

The PD told me that this particular judge was not from a criminal court background, where they are supposed to judge based on fact, but from civil court.

That doesn’t mean the judge isn’t well versed in the law. IDV is integrated, so it takes both civil and criminal cases that involve DV. What the PD is telling you, is that the judge is intimately familiar with domestic violence.

They have offered me a plea to a violation charge of harassment and agree to drug & alcohol counseling. I don't want to take this plea, my lawyer is pushing me to take out. I don't want to plead guilty to something I didn't do.

No one, in my opinion, should plead guilty to a crime they did not commit. Lots of people come to this board however, and say they didn’t do something when from the legal standpoint they are guilty and their own posts provide all the information one would need to see that.
You certainly can go to trial and take your chances and if you don’t like your PD, you might look for an attorney that allows payment by credit card. Good luck.

 

[musicalshore]

Yes, I agree there was an incident, but I never laid a finger on this woman. we got into an argument, I asked her to leave several times. I kept threatening to call the police and she would then plead with me not to make the call. At one point I asked for my hat back that she was wearing. She had "borrowed" it and it was a gift from my mother and I wanted it back. I asked for it and she said no. I grabbed it off her head. She was not happy about that. Finally, she agreed to leave, but not before threatening to gut me. She then ran off to her "other" boyfriends house, who incidentally is on parole after serving 11 years for aggravated assault. I called 911 to explain that she had threatened me and I was genuinely worried given the company she keeps.

Now, she didn't report this to the police for three weeks after the incident. She claims that when I ripped the hat off her head, I pulled her hair out. While this is not out of the realm of possibility, she did not scream "Ow!" when I grabbed the hat, and she didn't go to a hospital afterward. Any bruises she had she must have given herself. I never struck her. I don't hit women. However, I did yell raise my voice.

This woman was extremely abusive. She was having unprotected sex with a paroled felon in a bedbug infested 3/4 house and lying to me about it. She stole prescriptions from me. She promised me sex and then denied it. She would tell people that I beat her. She tried to get me to beat up a guy that she had a gripe with. The gripe was that she used to be a substitute teacher, and he was a special ed student, she made a pass at him and he rejected her, reported her to the school and they asked her to leave. This happened 9 years ago. I wanted no part of it and she then tried to manipulate a friend of mine into doing it. She's never held a job since then. Everyone she's introduced me to has been a drug addicted criminal. She herself was in a program for heroin addicts. However, she cleans up nice. She has serious emotional problems but she can present herself as a smart, independent, calm, rational woman when she wants to.

She assaulted me in front of my friends for absolutely no reason. She came up behind me and strangled me. I managed to break free but I was turning purple an about to pass out. I made a police report about this to get the OOP, before she filed her report, and they didn't arrest her, they arrested me.

I realize all of what I'm describing is probably considered circumstantial and irrelevant to the case. I'm trying to show that I was the victim here. The way I see this, there was no way out of the situation. I tried to go to the police and I wind up in jail.

Your lawyer, the public defender? Public defenders generally spend a lot of time in court so I doubt that is the case. If you have a PD, you may be able to ask for a different one to be assigned to you.

I'm not using a PD, I'm using a private lawyer. However, he initially told me he was going to try and work this out during the conference phase and that she didn't have a case. However, he didn't really get a lot of background from me, and at the conference he said something about how his position was weakened because they couldn't find a record of the 911 call (and that neither could he) and that taking the plea would be great for me because I wouldn't have a criminal record. When I first met with him, he was talking about pressing criminal charges against her. I feel like the lawyer is ripping me off, and I don't trust him, because he didn't do what he said he was going to do, things he said during the initial consultation don't match up with what actually happened at the conference, and because he threatened to drop my case when I confronted him with my concerns without actually addressing any of my concerns. He wants me to come in to the office for that. Is this just how lawyers work, am I naive?

He is trying to push me into the plea, and telling me that to go to trial would cost 15K and that I could still go to jail. I can't afford 15K, I may go for the PD, although I don't know if that is still an option. I spoke with a PD the other day to get some answers to questions that my lawyer wouldn't answer.

I'm very confused her, and having much bad luck. I also want to emphasize that I have been traumatized by this situation. She was abusive towards me. Having me arrested and having my name printed in the paper hasn't been enough for her, either, and she is continuing her campaign of terror through this lawsuit.