Legal Question in Criminal Law in New York

Certified Mail

Hi there,

Approx 3 weeks ago I unfortunately

got involved in a drunken Bar fight

and struck someone in the head with

my fist. At the time, the fight was

broken up and we were sent our

separate ways. No police were

involved at the time.

3 weeks later, I have arrived home,

only to find a receipt from the USPS

stating I have a letter by Certified

mail to pick up at the post office....

I am now worried sick, since I am not

expecting anything important in the

mail and after numerous chats with

colleagues and internet searches I

am led to believe this is the best way

to commence legal proceedings i.e.

certified mail for a Court summons!

Help me I am worried sick and

thinking should i even pick up the

certified mail ?

Is this how cases are usually handled

in US and in particular NYC


Asked on 8/06/08, 9:02 pm

1 Answer from Attorneys

Sergey Mikhlin Law Office of Sergey Mikhlin

Re: Certified Mail

Normally, in New York, a person will not be notified via mail re: a criminal matter. And this is particularly true with respect to violent crimes, involving a real victim. Usually, in such a case, a detective(s) would either contact the suspect over the phone and ask him/her to come to the precinct for questioning or they would physically go out to the suspect's residence and either bring him to the precinct or question him at the suspect's residence.

Regarding the subject matter itself, in my experience as a prosecutor and defense attorney, these so-called "bar brawls" are very defendable cases because normally all parties to the incident (including potential witnesses) are intoxicated, which goes to both the element of intent, as well as their credibility on the witness stand.

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Answered on 8/06/08, 10:14 pm


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