On the heels of a “Not Accountable” discovering for a consumer accused of relationship violence at his faculty in violation of Title IX insurance policies in opposition to sexual harassment and home violence, New York prison lawyer Jeremy Saland is as soon as once more happy to share that Saland Regulation exonerated one other consumer accused of home costs and crimes. Arrested for Third Diploma Assault, Penal Regulation 120.00, Legal Obstruction of Respiratory or Blood Circulation, Penal Regulation 121.11, and different crimes after our consumer’s then-girlfriend alleged he choked her, tore off her necklace, and repeatedly struck her in a lodge room throughout a vacation go to to Manhattan, prosecutors moved to dismiss the case earlier than selecting a jury and commencing a trial within the Jury Court docket Half. Although it was each deserved and a very long time coming, what began off as a daunting night time in custody, sending our consumer’s life spiraling, ended up in an entire and complete exoneration.
Our consumer, an entrepreneur working a profitable enterprise, grew to become concerned with a lady who later noticed him not for who he was – a form, beneficiant, and all-around good man – however as a goal for her personal egocentric monetary achieve. As the connection soured as a result of complainant’s controlling nature and calls for, and he or she noticed the writing on the wall that that the proverbial “gravy practice” would finish quickly, the complainant concocted a narrative that her boyfriend, our consumer, threw her on the mattress, repeatedly struck her, grabbed her by her throat to choke her, and tore a necklace from her neck whereas inside their NYC lodge. Although our consumer did none of that, what precipitated the false claims was a verbal dispute the place our consumer made it clear the connection was over and they’d be returning house. Sadly, due to necessary arrest insurance policies, the NYPD took our consumer into custody earlier than he discovered himself standing in entrance of a choose, saddled with prison costs, and having the load of an Order of Safety in his ex-girlfriend’s favor hanging over his head.
Because the case churned ahead, the complainant offered photos of bruises to her legs that she purportedly sustained from our consumer’s fingers. Additional, the complainant did have redness round her throat when the police arrived on the lodge. Regardless of these photos, there was no proof of bruising to the legs or strikes to the legs on the time of the arrest and the photographs have been probably unrelated and never taken on the time of the complainant’s alleged assault. Furthermore, our investigation revealed not one however three unbiased witnesses with whom the complainant spoke in regards to the night time in query. These witnesses, who didn’t know our consumer, suggested that the complainant informed them that she tore off her necklace herself and made the mark on her neck to make it seem as if our consumer had attacked her. Furthermore, she overtly admitted that she was having monetary difficulties, wished to sue our consumer and discover a purpose or path to take action, and had positioned or tried to position a tracker on our consumer’s automobile so she might know the place he was in an effort to, amongst different issues, have our consumer violate the Order of Safety by exhibiting up the place she knew he was positioned. To high issues off, the complainant accessed our consumer’s account on-line and had him unknowingly and with out his consent repay a number of $10,000 of her payments. Moreover, a deeper dive into the complainant revealed that she had her personal historical past and one which additionally concerned quite a few lawsuits in opposition to different events.
In the end, after refusing each provide made by the prosecution, together with an Adjournment in Contemplation of Dismissal whereby the case can be dismissed and sealed in six months, Saland Regulation requested for a agency trial date and the presiding choose adjourned the case right into a jury half. We did so to permit a jury of our consumer’s friends hear the proof and make the choice we consider the District Legal professional’s Workplace ought to make on the deserves. With trial solely 4 days away, and after a 12 months of showing in courtroom, proffering our consumer with prosecutors, offering witnesses names and phone data, and presenting different proof exculpating our consumer, the District Legal professional’s Workplace agreed to dismiss all costs in opposition to our consumer within the curiosity of justice – and did so right now.
To be taught extra in regards to the crimes of Third Diploma Assault, Legal Obstruction of Respiratory or Blood Circulation, and, typically, New York Home Violence crimes, observe the respective hyperlinks. Based by former Manhattan prosecutor Jeremy Saland, Saland Regulation represents shoppers all through the New York Metropolis, and suburban New York area.
