My question involves criminal law for the state of: NY
How do I get my name cleared?
My mother often took trips to florida for the winter. One winter my nieces brother was living there while my mother was away. During this time meth was being made and my nieces son was there hanging out with her brother. My niece would get very upset about this and would forbid her son from going there. Her story was that her son was being given cigs and drugs when in fact it is likely he was helping make the drugs. I do know for a fact the son would steal cigarrettes at my mothers house. My niece would harass and threaten my mother over her sons activities* though she in no way would condone any of this.* She ended up filing an order of protection over the threats and harassment from my niece. Before my niece moved to the same village she lived with a man who made meth and she herself was a drug user and a thief.* My nieces son already knew how to make meth when he moved to the same village. Skip to the next month after my mother files an order of protection and I am at the library where my niece works. She is still mad about her son being given drugs and cigs and is giving me a hard time about it. I suggest she supervise her kid better and she freaks out. I leave and she comes out from behind the desk and follows me right to the door.
She did call the police and made a false statement against me. She claims I was mad because she did not want her son going to my mothers house which is ridiculous. In fact it made me uncomfortable that he did go there. I was charged with harrassment
The cop writes that a witness heard me screaming when in fact the witness heard both of us and though the witness saw her at the door when I was leaving that was not in his report.* She claimed I followed her,which never happened. I was the one followed.* The cop also writes that I declined to make a statement which is false and that he advised me of my rights and that I was under arrest. This was also false.
I was given a public defender that was very loud and rude. She answered no legal questions and spent what little time she gave me accusing me of being guilty and pushing me to take a plea. I was told if I took a plea I would have no criminal record. This also turned out to be false. Two others left reviews for her on avvo pretty much saying the same thing and she is the only public defender in that office with bad reviews. I filed a complaint on her and nothing was done. I refused to use her and to my knowledge they never assigned me another defender.
It is court day and some guy calls out my name I do not know . He hounds me and asks if I will take the* plea and I said I would,but the fact is I had no intention of him representing me either. I signed a piece of paper that said I was agreeing guilt to something that was letters and numbers and said nothing about third degree harrassment. The only way I knew what I agreed to was looking it up afterwards on the computer.* I was led to believe it would be a lesser offense ,but it was what I was charged for from the start. I only went along with a plea deal. because I was given a hard time by my accuser,Then a cop(there is even more to this story),Then my public defender and I was led to believe I would not have a record.
The cop already had his mind made up I was guilty when he came to see me. He questioned me also about the drugs being given to my nieces son. I told him to my knowledge that was not happening. He accused me of lying. He also asked If I had guns because he would have to confiscate them. That also makes no sense to me.
My accuser was a liar. The cop was a liar, and even my public defender was a liar. I was the victim and then I was revictimized by the same idiots who should be working for justice
Wrongly Arrested and Charged for Alleged Harassment
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08-16-2017, 11:59 AMcomet54Wrongly Arrested and Charged for Alleged Harassment
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08-16-2017, 01:19 PMMr. KnowitallRe: I Was the Victim,but I Was Taken into Custody
You either have entered a guilty plea which has been accepted by the court, or you have not.
If you have not, go hire a criminal defense lawyer to represent you in future proceedings.
If you have entered a guilty plea that was accepted by the court, it may be too late to accomplish much -- but you can still speak to a lawyer about your possible options to try to set aside the plea or appeal the conviction. -
08-17-2017, 01:36 PMcomet54Re: I Was the Victim,but I Was Taken into Custody
That is no help at all. I plead guilty to pl 2 and some other numbers that I was not advised correctly what I was pleading to. I do not have the resources to hire a good lawyer so I got a public defender that seemed more interested in rushing things rather than working for justice. I would have been better off without any of them in the first place . I also want access to their records because I would find it very difficult to believe there have not been similar complaints about the same disgusting people. So far I have been the bigger person and I don't know if that will continue. Any one that says we live in a free country is a liar. Me responding to someone making accusations at me is not a crime ,unless of course we don't really have freedom of speech. I sure the hell do not regret anything I said about her parenting either. The system contributed to make things worse as my niece blames everyone but herself and her son for what he does and when he got grounded she claimed it was because of the people that were a bad influence. That is BS. If they were all firemen it would not surprise me if they showed up with gasoline to put the fire out.
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08-17-2017, 01:51 PMflyingronRe: I Was the Victim,but I Was Taken into Custody
Did you have a question, or did you just come here to rant at us?
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08-17-2017, 07:01 PMHighwaymanRe: I Was the Victim,but I Was Taken into Custody
Until you can specify what you were charged with and what you plead guilty too no one can help you.
Harassment is a violation, not even a crime. Somehow I think the charge(s) was a lot more serious than that. -
08-18-2017, 04:19 AMflyingronRe: I Was the Victim,but I Was Taken into Custody
Second degree harassment: violation
First degree harassment: class B misd.
Aggravated second degree harassment: class A misd.
Aggravated first degree harassment: Class E Felony -
08-18-2017, 04:42 AMMr. KnowitallRe: I Was the Victim,but I Was Taken into Custody
When you choose to stand in court under oath, tell the judge that you're guilty of a crime, and describe your actions that constituted that crime, you make it extremely difficult for somebody to come in after-the-fact and help you. But that's what you do at a typical plea hearing, in addition to expressing that your plea is voluntary. It's no longer a self-help project for you.
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08-18-2017, 04:57 AMMark47nRe: I Was the Victim,but I Was Taken into CustodyLike in other aspects of life, you get what you pay for. That said, you are the one that pled guilty regardless of who convinced you to do so.Quote:
Quoting comet54
The interesting this is that you claim the whole system is corrupt and that you're a victim. I'd say that Occam's gotten his Razor out (I should really name my razor Occam, it's such a great name. I'll also start calling my dogs' Occam) and is coming for you. To believe that all of these people got together to conspire to put the screws to you is implausible at best and laughable at worst. Maybe other way around? I don't know as your presentation of your case is verging on incoherent.
You pled guilty. In most cases that puts 'paid' to the butcher's bill. In case you don't understand, your not the butcher. -
08-18-2017, 09:34 AMHighwaymanRe: I Was the Victim,but I Was Taken into CustodyQuote:
Quoting flyingron
I tend to forget about the misdemeanor since it's so rarely charged.
I assumed the OP would have mentioned "aggravated" but maybe I was giving him/her too much credit. -
08-18-2017, 11:57 AMcomet54Re: I Was the Victim,but I Was Taken into Custody
[QUOTE=Highwayman;1040305]I tend to forget about the misdemeanor since it's so rarely charged.
.Maybe you think too highly of yourself ...... I mentioned what the charge was ,yet you claimed I did not.. -
08-18-2017, 12:06 PMqwaspolk69Re: I Was the Victim,but I Was Taken into CustodyYou plead guilty. It was on you to understand what you were signing. Do you often sign things without reading them?Quote:
Quoting comet54
Yes we live in a free country but there are consequences to every action - and the 1st Amendment doesn't allow you to say absolutely anything you want. There are consequences for all speech.
I have no idea what you're trying to accomplish and what information you're seeking. -
08-18-2017, 12:06 PMHighwaymanRe: I Was the Victim,but I Was Taken into CustodyQuote:
Quoting comet54
No, you did not. "Harassment" alone doesn't mean much. What section of the Penal Law did you get charged with and what section of the Penal Law did you plead guilty to?
Harassment is so minor, even the misdemeanor, that I can't see how you would be upset with the plea deal because it's probably a violation.
What kind of criminal history do you have prior to this? -
08-18-2017, 12:58 PMcomet54Re: I Was the Victim,but I Was Taken into Custody
I am not a lawyer. IT said specifically that i am convicted of PL240.26. I said it was numbers and letters already. All I know is what I was told. I was misled.
Trespassing charge about 30 years ago. It is a big deal to me after what they put me through. My niece has the long criminal history and other victims including doing 1000 dollars property damage,robbing the PTA and robbing her employees. She got fired the next month because of her lying and blaming other employees. The district attorney in St lawrence county made a deal to keep a felony off her record and she has a bad reputation as does my lawyer they initially gave me.
I am at the same library right now. It is my niece they don't want here -
08-18-2017, 04:52 PMMark47nRe: I Was the Victim,but I Was Taken into Custody
Sit, Occam, Sit!
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08-19-2017, 03:31 PMHighwaymanRe: I Was the Victim,but I Was Taken into Custody
[QUOTE=comet54;1040347]I am not a lawyer./QUOTE]
Gee, no kidding. You're not a brain surgeon either.
So that's it. You were convicted of a violation. You're stuck with this conviction on your record, which doesn't mean a whole lot.Quote:
Quoting comet54
The bottom line is there is not much you can do about it now. You should have refused the deal but you agreed to it.