What to do if I have been falsely accused of aggravated harassment?

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What to do if I have been falsely accused of aggravated harassment?

A girl who has had a grudge against me for a long time, filed a complaint against me, stating I had called her from my job and threatened her. I was consequently arrested and have since been to court twice, once for a desk appearance ticket, and once for what was supposed to be a dismissal but was delayed due to some complications because of a hurricane. My uncle, who is a lawyer is filing for the dismissal today and I am due back in court at the end of net month. However, my uncle is not a criminal defense attorney and is under the impression that because it is a complainants word against mine, that it will go to trial and not be dismissed. Will I have to go to trial?

Asked on December 17, 2012 under Criminal Law, New York

Answers:

Arkady Bukh / Bukh Law Firm, P.C.

Answered 9 years ago | Contributor

Certainly as he must have already done, your uncle can file a motion for dismissal.  If the case is not dismissed, then this is the time to hire an criminal defense attorney, who can advise you whether it is in your best interest to enter a plea or if they can be successful in this case at a trial.  If this is a felony charge, you definitely need to be discussing it with a criminal defense attorney as there could be jail time involved if the prosecution has any real evidence. 

Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 9 years ago | Contributor

Aggravated harassment is a misdemeanor offense in most states (sometimes a felony depending on the circumstances of the alleged harassment). A criminal matter can only be dismissed upon the recommendation of the prosecutor or judge. Your Uncle can file a motion for dismissal, most likely on the grounds of insufficient evidence. If the motion is granted, then the case will be dismissed. If the dismissal is not granted, then the only way this case is resolved is by you either entering into a plea of guilty, or go to trial in the matter in which you will either be found guilty or not guilty by a judge or jury.


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