Need advice on moving forward

[Roseasia]

New York,
Back in Jan there was a shooting taking place in my neighbor apartment where someone was shot in the leg. Early that day My brother had an disagreement with the guy which this is not the first since they have been verbally abusing my family since my niece had filed rap changes against the guy before that the guy hit my husband twice which we found funny because he never gets arrested for anything and he’s currently out on bill for gun charges anyway so that night something else went down in they house which I know nothing about around 4 hours after the disagreement so I decided to get my kids and leave my brother already left hours before the incident while leaving the guy came up to me and punch me in the face in front of the police I said I wanted to press charges but the officera just stand there while the guy was saying I think she had something to do with it so I just took my kids and walked away because no one was trying to help me so I felt endanger now the next day I was planning to go back home with my kids since we had no where else to go but I received a phone call from the another neighbor that the guy kicked my door open so I called my mangerment reporter what was going on and then went to the apartment and called the cops they said they couldn’t go next door to get the guy not knowing if he was in there so anyway now almost 3 mo later my brother was picked up by the police saying that the neighbors is saying he was the one who enter their home and shot the guy dad in the leg which is a lie and believe this is being done out of revenge of us calling the cops and the rape charge. The lawyer said all they have is the guy saying it was him and a picture of when my brother first enter the building to visit me and him leaving like 4 hours before the shooting. Now he’s sitting in jail on a attempted murder case for something he’s has nothing to do with. My brother said I should go and press charges for the guy hitting me that night and that my brother can threaten to file charges against the guy for wrongfully accusing him. I am just wondering if that’s true because he has a legal aid and can’t afford a paid lawyer.

 

[quincy]

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[not2cleverRed]

New York,
Back in Jan there was a shooting taking place in my neighbor apartment where someone was shot in the leg.

Early that day My brother had an disagreement with the guy which this is not the first since they have been verbally abusing my family since my niece had filed rap changes against the guy. Before that the guy hit my husband twice which we found funny because he never gets arrested for anything and he’s currently out on bill for gun charges.

Anyway so that night something else went down in they house which I know nothing about around 4 hours after the disagreement so I decided to get my kids and leave. My brother already left hours before the incident.

While leaving the guy came up to me and punch me in the face in front of the police. I said I wanted to press charges but the officera just stand there while the guy was saying I think she had something to do with it, so I just took my kids and walked away because no one was trying to help me.

So I felt endanger now. The next day I was planning to go back home with my kids, since we had no where else to go, but I received a phone call from the another neighbor that the guy kicked my door open. I called my mangerment reporter what was going on and then went to the apartment and called the cops. They said they couldn’t go next door to get the guy not knowing if he was in there.

Now, almost 3 mo later, my brother was picked up by the police saying that the neighbors is saying he was the one who enter their home and shot the guy dad in the leg which is a lie and believe this is being done out of revenge of us calling the cops and the rape charge. The lawyer said all they have is the guy saying it was him and a picture of when my brother first enter the building to visit me and him leaving like 4 hours before the shooting. Now he’s sitting in jail on a attempted murder case for something he’s has nothing to do with. My brother said I should go and press charges for the guy hitting me that night and that my brother can threaten to file charges against the guy for wrongfully accusing him. I am just wondering if that’s true because he has a legal aid and can’t afford a paid lawyer.

You told the police 3 months ago when you were punched in the face that you would like to press charges. They saw what happened and did not think that the situation warranted it. It's not happening. You did not need medical attention, so you don't have the basis for a civil suit either.

Your brother has to be cleared of the charge against him before he can try to threaten anything about wrongful accusations. He should focus more of his time working on helping his legal aid lawyer. His legal aid lawyer is a member of the New York state bar and more knowledgeable of NY state law than your brother. The way your brother can help his lawyer is by sticking to the facts of that day and any details that might corroborate those facts. For example: if he was not there at the time of the shooting, then where was he? Does he have proof? For example, was he at work, or did he run some errands several miles away?