Legal Question in Criminal Law in New York

I am asking on behalf of my boyfriend who was arrested a few days ago. I had an order of protection against him (not willingly) and it was to end in a month plus this wasn't a stop order. My father called the police unrequested by me to report that he was with me (although he didn't do anything). The cops went to go speak to him and he refused arrest. Based on that the ACD will come back apparently for the initial order of protection which included a felony. Does he have any recourse? There wasn't a witness to any abuse and I said there wasn't any so the cops shouldn't have pursued him in the first place. Granted he shouldn't have refused arrest, but they deemed him possibly dangerous due to his erratic behavior (he was severely intoxicated and suffering from mental health issues saying he would commit suicide. Now he is in the hospital getting detoxed and a psych evaluation. I don't want him to go to jail, but I believe they are basically making an example out of him. Any ideas that might help? I don't even know if he contacted an attorney because he has been basically blocked from calling anyone and when he exits the hospital they will arraign him. Personally, several protocols were breeched. They initially didn't have a warrant nor provide reason for arrest. I just am worried sick and I don't know what else to do. Thanks so much in advance.


Asked on 3/11/23, 1:06 pm

1 Answer from Attorneys
peter bark bark & karpf

If you mean by "no stop order" that he could still be with you, then the police needed probable cause for a lawful arrest. They cannot change someone with resisting arrest without the initial arrest being lawful.

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Answered on 3/11/23, 7:02 pm


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