Unlawful Detention Dismissal

My question involves criminal law for the state of: NY

What are plausible defenses for a reduction or dismissal of a misdemeanor unlawful detention? The complainant states she does not want to press charges but does not wish contact from the defendant. The defendant has not contacted the complainant in the 6 months since the original incident, and does go out of his way to remove himself from complainant's presence if he sees her.

Obviously, complainant was released unharmed by defendant, thus the misdemeanor.

Honestly, if you cannot, without the help of strangers, come up with a good reason why you held someone against their will, you're in no position to ask for a dismissal.

If you're looking for a reduction, consult an attorney.

Wow...I was simply asking a general question, rather than whine. To me the details are moot to the question I was asking. If your only advice is "consult an attorney", then what is the point of this forum? You assume guilt, rather than innocence and two sides to every story. To me, your advice was not helpful.

Then go pay an attorney to tell you about your options and quit whining about not hearing what you wanted to hear.

Sometimes, the ONLY responsible answer that can be given is "Get an attorney."

If you're staring down an unlawful detention charge, you're in need of one.

There are three sides to every story, not two. His, hers, and the truth. You have a serious legal issue and no one here can predict the outcome or know every detail of your case. When told to get an attorney, take that advise. The reason this forum is here is to answer some questions, and give some other angles of view. No one is made to like the answers given, but they are given as a matter of fact and of law.

People here assume guilt because of the nature of the forum: you are here looking for answers to charges against you. Its a 50/50 chance you are innocent, but the law is made of assumption of guilt, not innocence. Therefore, any presumption here must be made accordingly.

People here devote time, energy, materials, and research to assit or provide other angles of view and opinion. Some level of respect is owed to the people here, not sarcasism.

LawReasearchMissy is a valuable source of great information. Where do you think she gets her name? She researches each and every inquiry for options and case law. Wish she worked for me.........

Some people here assume guilt; some people approach posts at face value. But even if you accept the version of a story that's posted, sometimes it's necessary to point out how a prosecutor, judge or jury will respond to the story, and sometimes it's necessary to say, "You really need to consult a lawyer." Sugar-coating reality won't help anyone.

It's simply impossible to guess at a theoretical plea bargain without knowing the facts.

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Quoting jpfl64

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My question involves criminal law for the state of: NY

What are plausible defenses for a reduction or dismissal of a misdemeanor unlawful detention? The complainant states she does not want to press charges but does not wish contact from the defendant. The defendant has not contacted the complainant in the 6 months since the original incident, and does go out of his way to remove himself from complainant's presence if he sees her.

Obviously, complainant was released unharmed by defendant, thus the misdemeanor.

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Cite the exact section you were charged under NY law!

The only reference I could find in the NY Penal code was Article 135, and it does not mention "detention", just kidnapping and unlawful imprisonment, etc.

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Quoting zedex

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Its a 50/50 chance you are innocent, but the law is made of assumption of guilt, not innocence. Therefore, any presumption here must be made accordingly.

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That is 2 fold, actually. Probable cause to charge a crime is based on "guilt", but a court and jury assumes innocence until proven guilty. The SC has ruled that a judge who has not instructed a jury to assume innocent until proven guilty is not "in and of itself" reversible error on appeal, but.... it is very very wise for a court to do so.

I am a scientist, not at attorney. As such, I would have expected closer attention to the wording. All here assume >I< am the defendant. I am not, but I certainly feel a lot of hostility from this group.

I will rise above some of the passive aggressive baits laid before me and supply a few more details. Of course, I am a THIRD party so you now receive third hand information. I ask these questions out of curiosity, not as a desperate attempt to get myself out of trouble.

Man stops at ex-girlfriend (gf) apartment. She invited him to have dinner. Over the course of dinner, words are exchanged. GF goes into bedroom to retrieve phone and jacket--he follows to the door of the bedroom. The verbal interplay continues, and she begins to pummel man. He takes her by the arms, pins her down on the bed by her arms until she calms down and he releases her.

GFs statement to the police was that she did not want to prosecute, just did not want to see him anymore. He has obliged (it is now 8 months later). Conversely, GF did plan to visit him in the hospital after she heard he was in an accident--this was at the 6 month later point.

If the case is based on her fear of him, is it a germaine argument to A) show he has NOT been contacting her and B) she DID plan on contacting him?

Thank you for considered replies.

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Quoting BOR

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Cite the exact section you were charged under NY law!

The only reference I could find in the NY Penal code was Article 135, and it does not mention "detention", just kidnapping and unlawful imprisonment, etc.

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Oops...yes...statute/section is PL 135.05 charge text is unlawful imprisonment 2

I didn't assume you are the defendant. I simply explained how the forum works. Not that it matters what people assume. You've been abrasive from the time of your second post. If anybody has been rising above the bait, it's the people trying to help you despite your attitude.

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Quoting jpfl64

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If the case is based on her fear of him, is it a germaine argument to A) show he has NOT been contacting her and B) she DID plan on contacting him?

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(A) is to be expected. He's not supposed to contact her. As for (B), how would he know?

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Quoting New York Penal Code, § 135.05 Unlawful imprisonment in the second degree.

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A person is guilty of unlawful imprisonment in the second degree when he restrains another person.

Unlawful imprisonment in the second degree is a class A misdemeanor.

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Aaron,

I apologize for grouping you in with those who did insinuate I was the defendant. LawResearcherMissy did, however--and perhaps it was an error on her part..others followed.

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Quoting LawResearcherMissy

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Honestly, if you cannot, without the help of strangers, come up with a good reason why you held someone against their will, you're in no position to ask for a dismissal.

If you're looking for a reduction, consult an attorney.

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I have not tried to be abrasive, and I apologize to those who felt I was. I was curious, and since I am NOT an attorney, was asking a question. My >subjective< feeling was that of extreme disapproval when I myself did nothing wrong, and was asking a question. Perhaps I mistook the tone of LRM as antagonistic. If so, I apologize, again. Truly, I was here to ask what I thought was a reasonable question for a non-attorney to ask.

(A) is to be expected. He's not supposed to contact her. As for (B), how would he know?[/QUOTE]

B--she ran into his mother and was speaking with her. We live where cows are more plentiful than people so it is not uncommon to run into the same people over and over and over again.

A)--Let me expound...he not only has not contacted her, he has removed himself from public areas when she has arrived there (like I said--not uncommon to know most people just about anywhere you could care to go).

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Quoting jpfl64

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I have not tried to be abrasive, and I apologize to those who felt I was. I was curious, and since I am NOT an attorney, was asking a question. My >subjective< feeling was that of extreme disapproval when I myself did nothing wrong, and was asking a question. Perhaps I mistook the tone of LRM as antagonistic. If so, I apologize, again. Truly, I was here to ask what I thought was a reasonable question for a non-attorney to ask.

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I'll accept your apology.

Understand that when Aaron pointed out that sugar coating reality does no one any good, he wasn't kidding. We don't DO "IMHO" and all that here. The law, she is harsh sometimes. Best to not pretend she is something else.

It doesn't matter WHO the defendant is. It could be Mother Theresa - the answer would still be the same, exactly as written.

There are matters far too serious to be trusted to anyone but a qualified professional. This is one of them.

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Quoting LawResearcherMissy

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It doesn't matter WHO the defendant is. It could be Mother Theresa - the answer would still be the same, exactly as written.

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There are no court's in Heaven, only on the way there!! ;)

Dismissed - most likely not; it's the job of a prosecutor to get a conviction and to compel complainants to testify if they have a change of mind. I am surprised that the officers didn't word the arrest report to indicate domestic violence and take both of them downtown. ...but that is how I opine.