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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... View More
answered on Dec 27, 2016
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... View 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... View More
answered on Dec 24, 2016
Were you convicted of DWI in New York? If so, you have a permanent criminal record.
She has dementia.
answered on Dec 20, 2016
Of course there is a remedy. You have described what is known as elder abuse. Go to the local police precinct and file a report immediately. And contact this agency: http://ocfs.ny.gov/main/psa.
- does this make the current one a felony?
answered on Dec 20, 2016
Yes, it sounds like the DWI in New Jersey will be the basis for a felony DWI in New York. Speak to an experienced and agrrresive DWI attorney.
answered on Dec 14, 2016
You might want to check with lawyers who are licensed in Pennsylvania rather than in New York.
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... View More
answered on Dec 13, 2016
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.
I recently got supervised ror and wondering how much jail time can they give me for that if I mess up
answered on Dec 13, 2016
Supervised ROR may be granted for any degree of crime. The possible jail sentence is determined by the charges, no the bail status. If you mess up supervised ROR then bail could be set in your case.
My lawyer told me that I could get 30 years if I didn't take the plea deal. I did my time already and moved to NY.
answered on Dec 12, 2016
Yes, it theoretically possible. But you are highly unlikely to be successful if there was a proper allocution by the judge where one of the questions was: Is anybody forcing you to plead guilty?
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... View More
answered on Dec 10, 2016
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... View More
answered on Dec 10, 2016
Far more facts are needed to answer your question. While it's unlikely that the failure to do the refusal paperwork alone will win the case it is definitely something that works in your favor.
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.
answered on Dec 8, 2016
Nobody can predict if the police will investigate. But it would be difficult to charge somebody without recovering any of the alleged narcotics.
Me and a co worker were verbally cursing at each other and I wanted to wait until she was eating to throw all her food to the floor without saying a word. Is that assault?
answered on Dec 7, 2016
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?
answered on Dec 5, 2016
You should go to the police immediately and make a report for elder abuse.
answered on Dec 1, 2016
Could you represent? Yes. Should you? Of course not. if you can't afford a lawyer then a public defender will be appointed for you.
answered on Dec 1, 2016
Those look like New Jersey laws. You might want to ask the question in a forum for New Jersey.
answered on Dec 1, 2016
Criminal charges might be a stretch. But you might have a civil action. What is topping you from getting your dog back from the people who have him/her?
answered on Nov 27, 2016
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).
answered on Nov 21, 2016
There are some employers who can see charges that are sealed. Usually such employers include law enforcement agencies.
answered on Nov 14, 2016
If a person if charged with criminal contempt it most likely means that an Order of Protection was violated.
If the person is now in a rehab facility for approx 3 months and a court date is set during that time and
the person cannot afford a lawyer would he still be eligible for a legal aid lawyer. He is presently not collecting
any salary at all.
answered on Nov 9, 2016
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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