Legal Question in Criminal Law in New York

Re: Friend wrongfuly arrested

Technically, in a criminal case, an idividual cannot "press charges" against anyone. It is the prerogative of the police department and the District Attorney's office. The individual, however, could file a complaint with either the police department or the D.A.'s office explaining the nature of the allegations and, if the police/ prosecutor's office feel that there is a sufficient basis to proceed with a criminal prosecution, they will bring charges.

The fact that the complaining witness is incarcerated should have no bearing on the D.A's decision whether to prosecute a certain case if, in fact, such prosecution is warranted.