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  1. #1
    Join Date
    Sep 2008
    Location
    Brooklyn, New York
    Posts
    2

    Post Falsely Accused of Domestic Violence Assault

    My question involves criminal law for the state of: New York

    I was disputing my lease with my ex-boyfriend/room-mate because our lease ran from 5/07 - 5/08 and we both were never given a new lease by our landlord so we were on a month to month basis, I was up state with my sister for a short period of time during our lease period which at that point he subletted my room, which in the lease it stated any sublets must be authorized by the landlord and he also had 2 riders written up without my signature, which also was stated both parties on the lease had to sign. He was very angry at this he did not want me to live there anymore so he called the police on several occassions trying to tell them I did not live there after steeling my mail, personal property, ect. putting my stuff in storage and filing false police reports to the fact of me not being a resisident, the police would come and let me stay another time tell me to leave or he would have to leave ect, this went on for about a month. I finally went to the preceint after he stole my tax stimulus check and deposited in his bank account and I spoke with a domestic violence woman at the precient and she directed me to file a police report the police officer at the desk did not want to take my report telling me it sounds like I let him deposit my check and come back with proof, I went to his bank but was informed to contact IRS for a copy of the cancelled check which I did and now that is in the worksl. Approximately two weeks later he came home on a Sunday screeming and yelling and threating me that the other room-mate would kill me in the middle of the night if I did not leave, after an hour of verbal abuse he finally left. Later on that evening the other room-mate was already home and in his room when my ex and his brother came storming in the house and into the room and started beating me up and shoving me against the bed frame and pulling my hair and wacking me around everything happened so fast and I was on the floor, he bashed my head on the floor, he pulled my cell phone from my hand and grabed my purse and tore all the papers and stuff from my purse, I ran into the bedroom and locked the door, he called 911 from my cell phone and started screeming I've been abused, I've been abused and went into the hallway and scraped his arms and ripped his shirt up. Before I new it the police were knocking on my bedroom door and I got up off the bed after being in shock and let them in, they asked what happened and I told them, my ex and his brother started lieing to the police telling them that I assulted him, the subletter didn't say to much because his visa expired and he is illegally in this country. I told the police about the lease and one of the man officers said bring this to housing court in the morning which was what I had originally planed on duing but him and his brother insisted I assulted him the two police woman said someone has to leave or you are both going to jail, there were four police sent to our resisdence that night, I said I would leave and she cuffed me and said to late the cuffs are already on and I went with her peacefully, I said in the car to her this is not right and how come he is not getting arrested and she said to me because he looks pretty beat up. The other two male officors who stayed behind with my x and his brother never arrested him and allowed him to write up a false police report about me attaching him when I heard the statements he said the next day from the public defender after spending the night in jail, all beat up myself, I was more tramatised than ever. After my release the police escorted me back to my house to pick up my personal belongings, my cell phone was missing and he said it was at his brothers house all my money from my wallet was gone and all my important documents and all my copies of my police reports were also missing and all my mail was stollen I did not get into it with my police escorts I just left. My cousin came to pick me up and and she looked and saw the bruises on my legs and arms and was in shock at what he had done to me, my cousin called his brother to let him know we were coming over to pick up my cell phone, which should of been at my house and not hi s brothers house so we proceeded over there to get it, on the way over his brother called my cousin to find out where we were and how long we would be and in thier conversation my cousin said to him you hit my cousin and he admitted to her that his brother beat me up and when we arrived at his apartment my cousin got out of the car and I stayed in the car with her daughter and friends, she approched him in front of the building and he said he would sign an avidavit stating that his brother was the one that beat me up and not the other way around, his brother called my cousin and threatened her to leave his brother alone and we went home. When we got home I needed a shower so bad because I was frezzing in the jail all night and it was disgustingly dirty there, my cousin inspected my body and saw a huge bruise on my back upper left shoulder and brusies on my legs and on my tail bone and where my lower back rib area is. The next day I went right to Lennox Hill Hospital to be checked out and x-rayed and they set me up with a domestic violence counselor and documented all my brusies and gave me pain meds for the pain and I followed up with my primary care physican for back pain treatment and antibiotics for my cold and sore throat due to spending the night in a frezzing cold cell we also took pictures. I went to court on my court date and the judge gave me a paper to come back on Sept. 22, 08 but them they decided they wanted me back the following Monday so I sent them a doctor's not because I was still under doctors care and I had back treatment and therapy that day, but they put a warrant out for my arrest even after I sent the court the letters stating why I could not make it that day but would be in on the day I was originally scheduled. A week later they sent 3 detectives to pick me up from my office which is located in the upper 90's off of Park Ave. and they were coming from 4th ave in brooklyn and the detectectives re-arrested me and I had to go through the whole system again, they realized they could not talk to me because I had just aquired a Criminal Lawyer, my sister drove in from all the way from Eastern Long Island with bail money and money for the lawyer so I would not have to go to rikers correction facility until my court dates. This has caused me tremendous stress and anxiety and I have been sick ever since. This was unjust what the police put me through, I wrote to the precient, my landlord and the DA about these false charges against me but I have faith that justice will be served but in the meantime I would like to aquire all the police reports from the police station but am afraid to go there because of all I have been through with that department. Thank God for my little sis who bailed me out of a bad siduation and without her I would not of been able to hire a Criminal Lawyer to defend me because the public defenders do not care because you have no money to pay and I could of never afforded it on my SSD and now I have also been evicted from my home illegally by him and he has all my possesions in storage and at our apartment. I have alot to deal with... Thank you all for listening and any advice you can give me would be greatly appreciated. Thanks, carebear

  2. #2
    Join Date
    May 2006
    Location
    between here and there, but you can't here from there
    Posts
    547

    Default Re: Falsely Accussed of Domestic Violence Assult

    You have a very long post with a lot of "him's", "he's", "them's", "they's , "their's", and "her's" without paragraphing. That makes it very hard to read and comprehend. Please rewrite it using paragraphs and make up some names to fill the viod of who "he", "him", and the others are.

    After that, maybe some advise can be given. From what I can read of it, a guy who was a boyfriend and now a roommate, rented out your space to an illegal and the boyfriend and his brother beat you up and your cousin/sister bailed you out and you had a court hearing for Sept 22 { not here yet} and failed to show and you were rearrested for failure to appear{?}. Is that right??

  3. #3
    Join Date
    Sep 2008
    Location
    Brooklyn, New York
    Posts
    2

    Default Re: Falsely Accussed of Domestic Violence Assult

    Thank you, for your advise, how do I edit or delet this post and re-write it or cut and paste from my ms word. I would like to re-write it. thanks, carebear

  4. #4
    Join Date
    May 2006
    Location
    between here and there, but you can't here from there
    Posts
    547

    Default Re: Falsely Accussed of Domestic Violence Assult

    After a peroid of time, you cannot edit it. What you can do, though, is simply rewrite it in a manner that is easier on the eye and brain.

    Insert names to replace all the "he's" and "them's". Do NOT disclose your actual location other than state and do NOT use real names. And, if you can, cut out the parts that are not that important.

    Make it short, sweet and to the point. Alot of folks overlook the very long posts as there is usually too much detail.

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