Questions Answered by Samuel C. Breslin
Q: What steps to take if someone secretly recorded you doing sexual favorites without your consent
Depending on the circumstances, this could be a complicated issue. If they are trying to use the recordings to blackmail you, extort you, or threaten you, it could be a few different crimes (although the legislature passed the revenge porn law, I do not believe it’s been signed into law). If you... Read more »
Q: if police come to my house with a warrant and take money can they arrest me ?
a robbery happened and they think I have something to do with it but the day it happened I was at home with my roommate and girlfriend and they already told investigators this
You skipped your appointment
Q: I am facing a dwi in ny. Montgomery county. I was in the process of moving to georgia. Will i be extradited back to ny
You likely will not be extradited, however there will be a warrant issued, and if you’re stopped by police in any other state you could be arrested and held. If you don’t resolve the DWI, it is going to follow you around and create more problems than it’s worth. I recommend handling it sooner... Read more »
Q: Dui in NY state . already plead guilty .Is there anything we can do to lessen the charge to prevent a criminal records
Unfortunately once you plead guilty there are few avenues to withdraw the plea. You should speak to your attorney about the specifics of your case.
Q: Former NY Knicks power forward has been charged with a felony. What impact could that have on his lawsuit?
Possibly - this depends a lot on the type of lawsuit, as well as the ultimate disposition of the criminal case. If he’s acquitted, it will have little impact on a civil case. Feel free to reach out directly if you have further questions. Thanks!
Q: If you challenge a DUI will the arresting officer testify in your case?
If your case goes to hearings or trial the arresting officer will almost certainly testify. I hope this helps. Good luck
Q: I had a dui in around 2000 and i have never had license,i finally payed my fines and got my license in 2017,will that
Dui show up on my drivers record?
Short answer: Yes.
All DWI's will show up on a record, but there is a difference between the record you can pick up for a few bucks at the DMV or online, versus a "lifetime record" that DMV, and even many police departments, will look at.
Q: Is it ilegal to carry a pocket knife in new York state
Like a fixed blade knife (blade 4in)
New York knife laws are very complicated. Some knives are absolutely illegal (including gravity knives, switchblade knives, pilum ballistic knives, metal knuckle knives, and cane swords). Other knives, like what you are describing, are more likely covered by Penal Law 260.15(4) which states that... Read more »
Q: My friend is charged with 220.16FB 3rd, bail$150000, can his lawyer request to lower the bail?
Absolutely. The only issue would be if the lawyer and prosecutor agreed on the bail amount to recommend, but even then the defense lawyer should be able to make an application to the court to lower it based on the factors set out in CPL 510.30.
Q: Why aren't fed agents prosecuted for violation of nys penal law sect.190.26 when they weare clothes saying POLICE
Under the statute, police officers AND federal law enforcement officers are permitted to identify themselves as such. Only people who PRETEND to be police or federal law enforcement officers are violating the statute. Even for regular citizens (i.e. non police/feds) simply wearing a shirt that says... Read more »
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