What can I do if I was wrongfully arrested last night for unauthorized use of a vehicle without the owner’s permission?

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What can I do if I was wrongfully arrested last night for unauthorized use of a vehicle without the owner’s permission?

I was riding my bike by my gym and the police stopped me and said I tried to open someone’s car door. I was then arrested and issued a desk appearance ticket with a fine of $35 later that night. I have never been arrested before and I was not touching anyone’s car door. I understand that I must get a lawyer but I need these charges dismissed and expunged. To be frank, what are my chances that I will have this outcome? I was near no car when I was stopped.

Asked on July 12, 2014 under Criminal Law, New York

Answers:

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

Answered 6 years ago | Contributor

Obviously there are going to have to be witnesses or proof (evidence) in order for the charges to stand. So yes, get a lawyer. New York does not expunge convictions they only seal them.  But here we are assuming you will not be convicted, correct? So then expungment is available for charges dropped, dismissed, thrown out or in situations where the criminal process was not completed for whatever reason (prosecutor did not prosecute in time, etc.). Make sure the arrest is also expunged. Your chances to beat this can not be determined until the evidence is reviewed.


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