I ask because let’s say you’re arrested for not being home at 8 when you’re supposed to because you were coming home but do to traffic for example, it’s past 8? Is it a defense or it’s strict liability? What about someone dragging you outside your home to beat you up in a park?
Yes there are defenses available to individuals arrested under the curfew. As with any case, the defense would depend on the specific circumstances of your case and arrest. The New York DAs have already indicated an unwillingness to prosecute certain types of cases. However, you should consult with...View More
Unfortunately, it is difficult to answer your complex questions without more information about your case, the trial and the indictment. If your rights were in fact violated, that could be an issue for appeal. Again, a more thorough review of your case would be necessary.
The short answer is "No." It would be extremely difficult to prove that your child's mother was liable under a recognizable cause of action (lawsuit) and that you sustained damages recoverable under the law.
You are charged with very serious felony crimes and need to represented by an experienced criminal defense attorney. That said, the fact that you were not read your Miranda rights will not invalidate your arrest. Miranda rights are necessary if the police question/interrogate you while you are in...View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.