You cannot get a divorce if your spouse will not consent to it, for whatever reason. You are still in a much better position than if there were no prior legal separation. You can get a judge assigned, and proceed with the conversion divorce, and it is up to him to show that you have not complied... View More

It depends if it was a timely request, which it seems here that it was. If they denied you your right to testify, you can move for dismissal, but it must be done within days of the arraignment on the indictment.

If you have a sealed record, that means that no one can access without a court order (subject to some exceptions). If you are applying to college or for a job, typically (unless it's for police work, for example), you should not be asked if you were arrested. You can be asked if you were... View More

You may challenge a forfeiture of money seized, but it is complicated and expensive. Consult a lawyer if you are serious about doing this.

Almost everything filed in the court system is a public record.

How can a prisoner do "extra time?" If he was convicted for a new charge, that certainly does not reduce his post release supervision.

Larceny in NY incorporates all possible theories of theft. This would seem to fall into that penal law.

Probably something like tampering with evidence, but I haven't come across any cases like that, unlike the person using the clean urine getting violated probation charges.

If I insist you give me something, and you don't, and that's the end of it, unless the police want to entertain a solicitation theory of some sort, doubtful. If he bothers you, call the police.

While I am aware that reform laws have been introduced at the federal level, and your description sounds like a federal sentence, I do not think it has yet been enacted. So if it is made law, one cannot know what its final form and effects will specifically be.

Your situation requires that you consult and obtain representation of an attorney, as more details are needed, requiring an extensive conversation.

First, the lawyer is in a far better position to know if an item is admissible as evidence and, more importantly if it will help, hurt, or not matter if introduced. If a client really feels that the attorney is the appointed counsel of the codefendant from My Cousin Vinny, the client can... View More

This is one of the classic and basic criminal law questions in law school. Let me know how the test turned out.

Your rights remain the same. The probationer who moved in with you is serving a criminal sentence and has lost many or most of his right to privacy, however, So if you are successful in insisting that the probation officer cannot come in and do what the officer wants/needs as terms of the... View More

Her "territory?" Do you mean you were at her dwelling? Anyway, if you were charged with harassment, you face a maximum of 15 days jail, if assault 3rd degree, you face 1 year jail. These are maximum sentences possible.

I once did a lot of research on this years ago, and though embarrassingly I cannot recall what it meant, it does not have any consequence legally to my recollection.

You must sue the towing company if they are improperly withholding your car. Not clear how they "recovered" it. Your attorney should be consulted. It is not a police matter unless the towing company originally "stole" it or "re-stole" it which is what it sounds a bit like/

If he was arrested, charges were filed against him, if not you, the officer. It sounds like a domestic charge, in which case I assume there is an order of protection. You are a material witness, and have no power to drop the charges, however, the DA will listen to your position, since you are the... View More

What you are describing is friendship, which is legal. Be careful you understand what "sexual contact" means, though. Review Article 130 of the NYS Penal Law for explicit definitions. It's online.

The code (the statutes) is typically another term for the law, the latter term includes law created by case decisions interpreting the statutes.