What can I do if I was wrongfully arrested last night for unauthorized use of a vehicle without the owner’s permission?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What can I do if I was wrongfully arrested last night for unauthorized use of a vehicle without the owner’s permission?
I was riding my bike by my gym and the police stopped me and said I tried to open someone’s car door. I was then arrested and issued a desk appearance ticket with a fine of $35 later that night. I have never been arrested before and I was not touching anyone’s car door. I understand that I must get a lawyer but I need these charges dismissed and expunged. To be frank, what are my chances that I will have this outcome? I was near no car when I was stopped.
Asked on July 12, 2014 under Criminal Law, New York
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
Obviously there are going to have to be witnesses or proof (evidence) in order for the charges to stand. So yes, get a lawyer. New York does not expunge convictions they only seal them. But here we are assuming you will not be convicted, correct? So then expungment is available for charges dropped, dismissed, thrown out or in situations where the criminal process was not completed for whatever reason (prosecutor did not prosecute in time, etc.). Make sure the arrest is also expunged. Your chances to beat this can not be determined until the evidence is reviewed.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.