A person on probation cannot be charged again for the same DWI, because they already plead guilty. However, someone on probation can be charged with a violation of probation. A violation of probation, if proven, would subject the person to a sentence up to the maximum for the charge that they are...Read more »
Westchester county NY. Never been arrested first offense. Tried to get the police report and the police doesn’t want to give me one. 2 breathlyzer one highway and the HQ. I don’t know how much the police found BAC. High education, 30, full time employee. Can go down to DWAI since is first... Read more »
A first offense DWI with no aggravating factors may be able to be reduced to a DWAI violation, but it will depend on the BAC. The Westchester DA's office is very specific about how they handle different BAC readings. You should hire an attorney, so that can try to get the paperwork from the...Read more »
Operating without headlights on at night might be grounds to pull someone over, but that alone isn't the basis for an arrest. There would need to be evidence of impairment or intoxication to give an officer probable cause for arrest on a DUI charge.
The court that has jurisdiction to hear a criminal case is the court in the county/city/town that the alleged crime occurred in. So if the crime occurred in Puerto Rico, it could not be transferred to somewhere outside Puerto Rico.
It will depend on the situation, including if you were under the influence of any drugs or alcohol, if you were driving in an aggressive or illegal way and if you left the scene. You should speak to a criminal defense attorney immediately to discuss your particular situation.
Motions on a criminal case would be filed with both the court and the DA. However, for 180.80, it is usually an oral motion, made by the attorney, if there isn't a felony hearing or grand jury indictment on an incarcerated defendant within a certain amount of time. I have personally never seen...Read more »
Apparently they have video footage of me taking the money out the straps and putting it into my pocket and now have nearly 5k on my tab ( I worked for an armored truck company) idk how true this is, but it took 2 weeks for them to notify me of anything, and are now just adding any shortage to my... Read more »
If they want you to come in, they are probably going to have detectives there to arrest you, which is likely mandatory for their insurance company to cover any losses. They might be able to prove that you took something from the video, but it is hard to say if they are going to be able to prove...Read more »
I have no record, when i asked for a lawyer the detectives told me if i wanted a lawyer they couldn't help me and would charge me with a felony instead of a misdemeanor. I wasn't even given a phone call. I was also pulled over for no traffic violation reason and there was no criminal... Read more »
You need an attorney to fully review the facts of the case. It may be possible to have evidence suppressed if procedures were not followed properly , or if there was no basis for the stop. No attorney in this forum is going to be able to say if it can be thrown out without a full review. If you...Read more »
I have a non violent misdemeanor on my record for identity theft 3 years ago. I am 22 and it is getting in the way of my future. No company will touch me with a 30" pole. I did research it says you can not expunge a criminal misdemeanor in New York State.
If there is an order of protection, ordering you to stay away from a particular person, you should not go in front of that protected-person's house. That may be considered a violation of the order of protection.
I'm not sure what your question is. If you were convicted of a DWI, you should have had a lawyer representing you and advising you about the consequences of a guilty plea or conviction after trial. A criminal conviction goes on your record and stays on your record. If it has been over 10 years...Read more »
He laughed and got verbally and physically aggressive and was destructive. He did not hurt me. I had him arrested. He now resides with his dad and we have a court date on his birthday. I don't want to ruin his future with an arrest record.
You can't "drop" the charges, but you can relate your wishes to the prosecutor, for the prosecutor to consider in determining what to do. You can also refuse to participate in the prosecution. Speak to your son's attorney to get some direction from him or her.
If you refuse to take a chemical test (breath, blood or urine), the DMV can revoke your license for one year. During that one year time period, you will not be able to get a conditional license unless you plea guilty or are found guilty of a DWI related offense. Additionally, your refusal may be...Read more »
I'm not sure I fully understand your question, but you can go to the clerk's office of the court that the case was in to find out what happened. You should also be able to get a certificate of disposition from the court if the case was finished.
Hi i was given a desk appearance ticket due to a false report but I then told the truth will I just be facing probation and no jail time I’m almost 7 months pregnant and have a 4 year old Please help firt time I’ve ever been to court or have written a roport or anything in scared
If this is your first offense, it is not likely that you will be facing jail time, and probably not even probation. It is possible that the charge will be reduced to a non-criminal offense. You should hire an attorney to discuss the specifics of the case with, so you know exactly what you are...Read more »
Probation officers can make recommendations, but they don't overrule the judge. You should speak to your attorney directly about this to see how your judge handles the recommendations of the probation officer in the pre-sentencing report. If the probation officer writes in the report that she...Read more »
It is possible that you would get extradited, it will depend on whether or not NY wants to send people to get you to bring you back to NY. You may be held in custody in Arizona for a period of time while NY decides if they want to come and get you.
It will depend on your prior record and the dangerous contraband you are accused of having. If is a D felony, so you face up to 7 years in prison, but an attorney is likely able to negotiate with the DA's office to reduce that. You will need to speak to an attorney directly to discuss the...Read more »
You are not legally required to submit to anything. You can refuse all tests. But that refusal can be used against you at trial and in plea bargaining. Additionally, your drivers license may be revoked if you refuse to take a chemical test (test of your breath, blood or urine).
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