This takes place in New York State and I am looking into this for a friend. A minor, 16 years old, has his mom and his possessions taken. Instead of calling the police, he tracks down the guy himself. When he finds this guy, he beats the hell out of him. The kid is pretty strong, so he breaks some... Read more »
What do you mean by charges with 3 to 6 months assault. One of the defenses to assault is known as justification. But that requires an immediate threat and the defense of yourself or a third person. If the assault took place and there was no threat the details help to put the arrest in context for...Read more »
I recently discovered that my NYS DMV abstract reveals a dwi from 2002. That might explain why I have received "thanks but no thanks" from so many job applications over the past few years. I spoke with dmv today after printing my abstract and was told that they didn't know why it... Read more »
I called the police on my boyfriend for hitting me however we were both intoxicated, he would not have done it if he were sober. He has no prior criminal record or anything like this this is a first. He now has a court date and I do not want him facing jail time. Is there a way I can help him or... Read more »
Once a criminal case begins it is up to an ADA to drop the charges. That rarely happens at the request of a civilian witness. However, an ADA should factor in your wishes when deciding on how to resolve a case. Speak to your boyfriend's attorney about your options.
It's my first time ever getting in trouble and I was given a desk appearance ticket. My arraignment is on Wednesday and I have no idea what to expect, how to plea, nothing. I am also 18 years old and the sheriff told me and my friend we were lucky because we could be given a YO status. I just... Read more »
You should speak to an attorney. If you can't afford one then one will be appointed for you when you appear in court. If you have never been arrested before and the alleged amount is relatively low then there is a good chance you won't have a criminal record at the end of the case.
I was driving home I believe I passed out and veered into a parked car. I was taken to the hospital because I had a head trauma which I received 5 staples. I refused all test which truthfully I don't remember due to the head trauma . At arraignment the DA had no refusal letter or video of the... Read more »
The person is caught by security camera, consuming cocaine. The person is not caught by law officers possesing cocaine or anything, just recorded in restaurant. Is the police going to investigate this or get involved at all? Is the restaurant obliged to hand this evidence to police? Thanks.
That is not the crime of assault, which involves an intent to cause a physical injury along with causing a physical injury. However, if you caused an injury to her in the course of doing what you described above, the act could be reckless assault.
Those bank accounts, either I was joint owner or beneficiary. He put my mother into Medicaid program. What are my legal remedy to recover those money and safe guard money without Adult Protective Services involved?
If you were convicted of DWI in New York (not DWAI), then the crime will always be on your record. There is no such thing as expungement in New York. If convicted of a misdemeanor or felony in New York, one will have a permanent criminal record (except with diversion in narcotics crimes).
You may or may not be eligible for a public defender. Any assets that you own could be considered. See this document: https://www.ils.ny.gov/files/Hurrell-Harring/Eligibility/Final%20Eligibility%20Standards/Eligibility%20Criteria%20and%20Procedures%20FINAL%20FULL%20April%204%202016.pdf.
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