If you sign a police statement while completely intoxicated, is it admissible as evidence?

My boyfriend and I got into a physical argument after drinking from 11 AM to 9 PM. We have never fought before nor drink that amount of alcohol. I called the police to diffuse an argument. However they said 1 of us will be arrested for assault. He went for the night. Now they have a protective order in place. I told the ADA I don’t want to press charges and that we were both drunk; both fighting. He has offered a ACD (?) with limited protective order. Does my drunken statement even count since I told the police I didn’t want to sign anything until next day sober. How long does ACD last?

Asked on December 1, 2010 under Criminal Law, New York

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It is best that your boyfriend get an attorney on this matter.  Has one been assigned to him?  And "ACD" is an adjournment contemplating dismissal, which is a good thing for your boyfriend.  The limited protective order may not be though, depending on what the limitations are.  Any protective order is going to limit his ability to be near you and your ability to be near him.  Violating the protective order can get him in to serious trouble.  What I think that you are stating here is that you did not have the capacity to file a complaint due to intoxication?  I do not know how that would fly since the police came and they observed things nnd were not intoxicated.  Get help.  good luck. 


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