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... Read more »
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... Read more »
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.
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.
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... Read more »
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...Read more »
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.
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.
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.
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.
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.
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