QUESTION
What can I do if I am still incarcerated after a notarized letter is clearing me of the crime?
Asked on Sep 11th, 2011 on Criminal Law - New York
More details to this question:
If I was accused of a crime and the person who accused me wrote a notarized letter clearing me, what do I do now with it if I am still incarcerated?
3 ANSWERS
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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Depends why and how you got in to begin with. Did you plead guilty or were you found guilty after trial? Why did the complanant recant? Is there some relationship between you and the complainant? Etc. You're going to need a good lawyer.
Answered on Sep 13th, 2011 at 9:16 AM
Theodore W. Robinson
Anotarized letteris relatively meaningless. It all comes down to what type of testimony the Complainant wishes to give on your behalf. If that person eventually says at trial that you did not do what he orignally claimed, then he can be held for perjury and false arrest. Its notan easy situation and it would be best if you hired an attorney rightaway to represent you vigorously. Good luck.
Answered on Sep 13th, 2011 at 5:06 AM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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A notarized letter is meaningless because it cannot be entered into evidence at trial; it is hearsay - an out of court statement offered in court for the truth of the matter asserted. The affiant must come into court and testify.
Answered on Sep 12th, 2011 at 3:03 PM