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 activity the... 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.
If you are talking about a warrant, where...Read more »
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 does...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 specifics...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).
Depending on your prior criminal record, you may be eligible for an ACD (Adjournment in contemplation of dismissal) where the case gets adjourned for 1 year, and if you stay out of trouble for that one year, the case gets dismissed and sealed. You should speak to an attorney about your specific...Read more »
It is hard to say without knowing what the BAC is. If the BAC is between .05 and .079, the driver can be charged with driving while ability impaired, a violation. If the BAC is above that it is a DWI. You need to discuss the matter directly with an attorney to see about the specifics of your case.
It depends on the circumstances of the case. If you have no prior DWI related offenses, you may be able to get a reduction of the charge and no probation. You need to speak with an attorney about the specifics of your case in order for them to advise you about what could happen.
Hire an attorney to go over the evidence of the case, and to discuss the facts with. It is impossible for anyone here to tell you how to deal with your case without knowing the specific facts (which should not be posted here because this is a public forum).
Your attorney will likely be able to get the charge reduced, but it may depend on the value of the item that you are accused of taking. You should contact an attorney directly to discuss the specifics of your case.
If you have no prior record, you may be eligible for an Adjournment in Contemplation of Dismissal (ACD). In which the case gets adjourned for one year, and if you stay out of trouble for that year, the case will be dismissed and sealed. So go to court, preferably with an attorney, and try to get...Read 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.