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  1. #1
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    Default 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.

  2. #2
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    Default Re: Unlawful Detention Dismissal

    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.

  3. #3
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    Default Re: Unlawful Detention Dismissal

    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.

  4. #4
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    Default Re: Unlawful Detention Dismissal

    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.

  5. #5
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    between here and there, but you can't here from there
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    Default Re: Unlawful Detention Dismissal

    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.........

  6. #6
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    Default Re: Unlawful Detention Dismissal

    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.

  7. #7
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    Default Re: Unlawful Detention Dismissal

    Quote Quoting zedex
    View Post
    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.
    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.

  8. #8
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    Default Re: Unlawful Detention Dismissal

    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.


    Quote Quoting LawResearcherMissy
    View Post
    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.

    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.

  9. #9
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    Default Re: Unlawful Detention Dismissal

    Quote 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.
    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.

  10. #10
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    Default Re: Unlawful Detention Dismissal

    Quote 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.

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

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