Manhattan domestic violence lawyer Russ Kofman (https://www.lebedinkofman.com/can-i-drop-the-charges-for-domestic-violence/) from Lebedin Kofman LLP has released a comprehensive article titled ‘Can I Drop The Charges For Domestic Violence?’. The article provides a detailed exploration of the complexities involved in dropping domestic violence charges and the legalities surrounding such cases in New York.
In the first section of the article, Kofman explains the common misconceptions and issues arising from the decision to involve law enforcement in domestic disputes. As a seasoned Manhattan domestic violence lawyer, he emphasizes that the decision to drop charges is not as straightforward as many assume and depends largely on the information already shared with the police.
Kofman goes on to describe the NYPD policy regarding domestic disturbances. He explains that officers are obliged to arrest the perceived initial aggressor when called to a scene. This policy, he notes, was established to protect individuals from escalating violence and to safeguard the city from lawsuits arising from unaddressed domestic violence complaints. This insight from a seasoned Manhattan domestic violence lawyer helps shed light on the often misunderstood procedures following a domestic disturbance call.
In the article, Russ Kofman states, “When the police are called to a domestic disturbance, the general policy is that they have to arrest whoever they deem to be the initial aggressor.” He further adds, “Individuals must understand that the more they cooperate with the investigation, the more likely an arrest is going to be made.”
The article discusses various scenarios and their potential outcomes, including ones where the police are called but no specific allegations are made, and others where clear accusations of violence are stated. Kofman clarifies that the decision to arrest largely depends on the severity of the allegations and the level of cooperation with the police.
Further into the article, Kofman delves into what happens when the police are called for domestic violence. He shares the NYPD’s “mandatory arrest” policies and their implications. The Manhattan domestic violence lawyer also explains the evidence gathering process, the victim’s rights, and the situations where the police must make an arrest, despite the victim’s requests.
Towards the end of the article, Kofman addresses a common question: “Can I Drop Assault Charges Against My Partner?”. He clarifies that once charges are filed, the power to dismiss these is no longer in the victim’s hands, but with the prosecutor. He states, “Crimes in New York are viewed as violations against the state and its laws, rather than just violations of individual rights.”
This comprehensive article from Russ Kofman provides valuable insights into the intricacies of dropping domestic violence charges. It serves as a useful resource for anyone seeking to understand the complexities of domestic violence cases and the procedures involved in New York City. To gain more clarity on these issues, readers are encouraged to delve into the full article.
About Lebedin Kofman LLP:
Lebedin Kofman LLP is a highly reputed law firm based in New York City. The firm boasts a team of knowledgeable and dedicated attorneys committed to providing their clients with diligent, compassionate, and effective legal advice and representation.With an extensive range of practice areas, the firm is equipped to handle a variety of legal issues, always prioritizing their clients’ rights and interests. Their unwavering dedication to their clients’ cases sets them apart in the field of law.
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