Yes. A law enforcement officer does not need to be in a marked police car to issue a ticket for a violation of the VTL.

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

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

Arrested yes ——as the police report provides probable cause. Convicted—- no—- as the standard becomes beyond a reasonable doubt at trial.

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.

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.

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

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.

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.

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.

Good Luck

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 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.

Good Luck

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

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

Yes. A person may commit Aggravated Harassment over the internet. It may, however, be difficult to ascertain who actually wrote the message.

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