Regarding NY. Vehicle owner finds his vehicle has been stolen and reports same to the police. The police conduct an investigation and have the vehicle entered into their DMV system as stolen. However no statement/supporting deposition is taken at the time. Later, the vehicle is found and stopped by... Read more »
answered on Jan 31, 2023
Arrested yes ——as the police report provides probable cause. Convicted—- no—- as the standard becomes beyond a reasonable doubt at trial.
I'm in ny
answered on Jan 29, 2023
Maybe nothing. They may also refuse to take you. They will probably, however, notify the court. You should notify your attorney so that he can notify the court before the problem arises.
Girl is claiming her boyfriend had text her saying he sells drugs for one of his friends. Can a warrant be made for the friend he's claiming to sell drugs for.
answered on Jan 24, 2023
The police would need more information than a simple statement from a third party claiming she knows her boyfriend sells drugs to another individual. Most importantly, since it would only be the possession, they would need to prove he possessed an illegal substance.
all? Pled not guilty and I'm awaiting a motion date from my lawyer.
answered on Jun 7, 2022
Speedy trial is only applicable when your attorney does not consent to adjournments and requests the ADA to take the time until the next court appearance. If your attorney has consented to any of the adjournments for strategic reasons these days would be excluded from the speedy trial calculation.... Read more »
I wanted to use the cane with a suit without ever exposing the blade which isn't sharpened
answered on Apr 21, 2022
Yes. It is still illegal. The statute definition does not differentiate whether the blade is dull or sharp. You could remove the blade and just use the cane part.
answered on Mar 31, 2022
You can sue anyone for anything--almost. The real question is can you win and collect damages. In your case I don't believe so.
If a misdemeanor (A or B) is punishable by up to a year of jail or 3 years of probation, how’s its possible to do both
answered on Mar 30, 2022
An A misdemeanor has a maximum sentence of 1 year. A B misdemeanor has a maximum sentence of 90 days. An A misdemeanor maximum term of probation is 3 years. If you have already served the equivalent of 1 year in jail and were subsequently sentenced to 3 years probation, this is technically not... Read more »
Will this affect me getting a license, i have a road test next month, and i don’t want this to affect me in any way. Also, is there any way my parents will find out ?
answered on Feb 1, 2022
Any moving violation (defined broadly) while on probation or within the first 6 months of your license will result in a suspension of your license. You need to plea bargain the ticket or have it dismissed on motion.
answered on Jan 6, 2022
No. There are certain decisions that an attorney can make for his client. One of them relates to consenting to time to prepare for trial. This is not grounds for a motion to dismiss. It may be a reason to seek alternative counsel however. You should be able to make your request to the judge.
What is the fine
answered on Nov 16, 2021
The fine is not as important as the fact that the charge is either a misdemeanor (a crime) or a violation. Both of which can affect things like financial aid, immigration status or even a job application or interview. The level of crime or violation will depend on whether the trespass occurred in... Read more »
I've been staying there for 9 months my whole body smells like the stuff I've seen four dermatologists and they've said nothing is wrong. I believe it may be some form of secret society group at work. Idk if I go to police if I will be taken seriously.
answered on Sep 1, 2021
I think the best way to be taken seriously and to either prove or disprove your point is to take a video of someone collecting a sample of the water and then sealing and sending that sample for testing to a lab.
I have a case in criminal court,it's been in court since January 2019, the ADA has NOT been ready at any of my proceedings and my independent attorney is NOT acting with MY BEST INTEREST. WANT TO CHANGE ATTORNEYS, HOW AND WHAT DO I DO?
answered on Jul 28, 2021
I am not sure what you mean by an independent attorney. If you have retained him, you may simply fire him and hire a new attorney. You should be able to recover the unused portion of your retainer fee if there is one. If your attorney was assigned by the court, you will need to document the... Read more »
Came home and told him what happened and he charges you anyway. What can happen?
answered on Nov 24, 2020
The law is usually defined as permanently depriving the owner of his property or doing something inconsistent with the owners rights. It will be a question of fact based on when you told him what happened. If you told him after he confronted you it may seem likea self serving excuse. If you told... Read more »
My nephew has been incarcerated since March 18, 2018. His charge is ATT CRIM POSS WEAP 2ND CLASS D his class was brought down. Before he went to prison he was out on house arrest with an ankle bracelet. Is it possible for him to get credit for time served on house arrest?
answered on Nov 13, 2020
In NYS an ankle monitor does not count as incarceration. It is an alternative to incarceration. Therefore he will not receive official credit for that time. It is possible, however, for the sentencing judge to take into consideration the time he was wearing the ankle monitor and reduce his... Read more »
I do not have a copy of my arrest record or the number I was assigned, probation office said everything is in archives and nothing will come up with my name on it. I was arrested under my married name
answered on Sep 30, 2020
Depending on the crime and if you have been clean for 10 years you may be eligible to have your case sealed. Your case should be on microfiche at the courthouse and you will have to order it. You need to bring id with your married name. Once you receive the papers... call us and we will review... Read more »
A person said to me on craigslist that I was a type of person that was derogatory that was saying about me being black in my family and saying it’s not right all you are a type of people shouldn’t be existing or something like that
answered on Aug 28, 2020
Yes. A person may commit Aggravated Harassment over the internet. It may, however, be difficult to ascertain who actually wrote the message.
Should I acquire a lawyer or defend myself. The young lady who is claiming the harassment was harassing me. It all started when my fiance tapped her bumper, she began to rant and rave I was a passenger in the backseat. She targeted me refused to allow me out of the car and began screaming I want... Read more »
answered on Aug 17, 2020
For the charge of harassment in NYS there does not necessarily have to be physical contact. You may wish to see if there are cameras around which caught the incident. A private investigator can do this on your behalf. I would be happy to go over your paperwork and advise you regarding your case.... Read more »
Charges : bail jumping for misdemeanor damage property plus 2 misdemeanor trespassing charges and I violated my probation for misdemeanor littering outside.
I paid my bail in full.
I was charged back in Oct 2018.
If I surrender how much jail time I am looking to?
answered on Aug 10, 2020
In NYS an A misdemeanor is punishable by up to one year in jail. No matter how many you have the maximum sentence would increase to 2 years. With that being said, it has been my experience that a bail jumping charge is difficult to prove and usually results in a plea bargain. Because your cases... Read more »
I also know that it depends on the angle of the gun and that they are not very accurate this officer was also telling me that it would be very easy to get out of it He was not very professional I tried asking what I did before providing my id but he wouldn’t tell me until I did and after he came... Read more »
answered on Aug 9, 2020
What county was the ticket issued and returnable? are you looking to plea bargain the ticket or to fight it? Did he use a laser or radar or pace the vehicle or simply observation?
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