Get free answers to your legal questions from lawyers in your area.
answered on Jan 31, 2017
It sounds like "she" is charged with possessing a forged instrument, which is a crime. Speak to an experienced defense attorney.
For example, I know they place ad's for "Prostitution". It there ad can they say "No White Men" or "No one under 40". Wouldn't that be selective prosecution? Can they target a specific demographic?
answered on Jan 30, 2017
Seems odd, but that's not selective prosecution. Police aren't prosecutors but they do make arrests.
answered on Jan 30, 2017
If you are charged with a crime in New York, the court will be located in the county where the alleged acts took place. Just because you are charged with a crime does not mean a jail sentence will result.
he had court in nov 2016 and attorney told him, and personally called me, and told us my son would spend two more months in a facility, out jan 19 with one year parole. as of today my son is still in jail. he had timed served and charges ran concurrent. the facility he is at says his outdate is... View More
answered on Jan 30, 2017
The person who is in the best position to answer any question about your son's case is his current attorney.
18 months going to court, 25 + appearances, 5 appointed attorneys, most requested release for various reasons, all releases granted by judge, days before trial started. Was informed I would be representing myself on the day trial started upon arrival to court house. Is this typical? I made the... View More
answered on Jan 29, 2017
You do have a right to an attorney at trial. But it seems like you've had many attorneys. At some point a judge may believe that a person is changing attorneys to delay a case. But ordering a person to trial without an attorney seems extreme.
answered on Jan 26, 2017
Possibly. The person to ask is her attorney. It would depend on her release status and/or conditions.
Should that diss miss a criminal case?
answered on Jan 25, 2017
Unless law enforcement has a warrant or there is some exception to the warrant requirement, the search is probably barred. If the search was unconstitutional, then it is possible that evidence that was recovered as a result may be supressed as the fruit of the poisonous tree.
Why is it important for both police & the court system to follow appropriate legal due process ?
answered on Jan 23, 2017
Because arrestees and defendants have protections under the federal and state constitutions. Violating those rights can lead to the suppression of evidence.
I was arrested in may for a DWI. I know what my BAC was bc I think I was told by the cop. This is my fourt court appearance and the DA still doesn't have my BAC results. They weren't submitted or they are having a hard time locating them. What might end up happening is I'll get a... View More
answered on Jan 21, 2017
Unless blood was taken, the prosecution should know your BAC by now. If you submitted to a breathalyzer it would have known immediately. Driving While Ability Impaired (DWAI) is a traffic infraction, and although it is not considered a criminal conviction it is a not a violation. The DWAI is... View More
answered on Jan 19, 2017
Yes, if they have other identifying information of and/or about you.
I just got out of a case like 2 weeks ago and i hope it dont mess that up cause of this new case i have to do 5p hours community services please help
answered on Jan 19, 2017
No lawyer can answer your question. Far more facts are needed. Consider speaking directly with a NEW YORK-BASED criminal defense attorney.
I just got out of a court case and now have to do 50 hours community services will that mess up that case will they give me jail time
answered on Jan 19, 2017
You question is unclear. Are you talking about two different criminal cases or one? If it's just one, if you don't do the community service a judge could sentence you to the maximum penalty the crime allows.
answered on Jan 17, 2017
What you described is speeding and possibly reckless endangerment if the speed limit was already high. You didn't describe any loss of life.
A school aided admitted to something and was fired for it. That person is no longer allowed to be on school property and is being prevented from taking a job at a different location in the school system. There is no legal action taken against the person.
answered on Jan 13, 2017
The answer to your question is: possibly. It depends on what the accusation was. But decisions by government employees may be subject to review.
answered on Jan 12, 2017
There is no set time limit. Every case is different. It takes about three months for a case to reach a trial posture. Once a case is on for hearing and/or trial, it could take a year or longer for a trial to commence.
answered on Jan 9, 2017
If you refused a breathalyzer then your license is suspended/revoked. If you submitted to a breathalyzer then it is possible that you may be able to drive to work through a conditional license or by hardship. The best person to ask is your current criminal defense attorney.
Serving time for intent to train dog for animal fighting. Previous federal conviction charge was sponsoring animal in a dog fight.
answered on Jan 8, 2017
Yes, past criminal history is one of many of the factors that are considered in the guidelines.
answered on Jan 6, 2017
Go to the clerk of the court and ask for a certificate of disposition. It costs $10.
answered on Dec 31, 2016
A person has 30 days from sentencing to file a notice of direct appeal. A CPL 440 motion can be brought any time, unless it is barred for some other reason, for Brady violations, ineffective assistance of counsel, newly discovered evidence, among others.
answered on Dec 28, 2016
If the report alleges criminal charges then he would likely be arrested on the new charges. It's also possible that his parole could be revoked.
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.