Three members of my family and another person were phisyically assaulted by a person in Queens, NY and then arrested. We heard basically nothing from the DA unless I emailed them a few times. I have recently found out that the DA’s office accepted a plea deal without even consulting with us.... View More
There is no requirement that you would get a say in the plea deal given to a defendant. You do have the right to make a victim's impact statement pursuant to CPL 390.50 "The district attorney shall also give at least twenty-one days notice to the victim or victim's family of the...View More
We were together and they questioned me and I ran up the stairs before because I had a lot of weed on me and I managed to ditch the weed which they later confiscated but has no ties to me. However, now I am the prime suspect in this arson I did not commit and they want me to come in and give a... View More
First off, you should not speak with any law enforcement before speaking with your own lawyer. Is it police or campus police who are trying to speak with you? Are you a student currently attending the college where this occurred? An attorney can hire an investigator to retrieve video...View More
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.
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... View More
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....View More
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...View More
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.
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.
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...View 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.
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?
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...View More
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...View 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?
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...View More
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...View 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
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... View More
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....View More
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...View More
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