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answered on Nov 6, 2016
Cane swords are per se illegal in New York. If you are caught possessing one you would likely be arrested for criminal possession of a weapon.
answered on Nov 6, 2016
Anybody can help you pay a civil demand, but you might want to ask a lawyer if that's necessary before you do.
answered on Nov 6, 2016
You may be referring to Penal Law Section 120.05(2), which is Assault in the Second Degree.
answered on Nov 2, 2016
The penalties are a little less harsh for snowmobiles than cars, but they are still crimes. For example, a first DWI offense is a misdemeanor punished by up to one year in jail and a second within ten years is a felony. A first offense SWI is also a misdemeanor punished up to 90 days in jail and a... View More
My husband is in jail he have 13 More months out of 12 years but his mother have cancer from 9/11 she was FDNY/EMS is it possible for early release or house arrest jus to be at her bed
answered on Oct 31, 2016
I am sorry to hear that. Visits to a close family member who is gravely ill are review and approved by the Superintendent of the Department of Corrections: http://www.doccs.ny.gov/FamilyGuide/FamilyHandbook.html#grav.
Tax preparer sealed indictment for conspiracy
ID theft
Wire fraud
Many others involved as they told my attorney and it's still an ongoing investigation.
answered on Oct 30, 2016
While you described some facts you did not ask a question. Do you have a question?
Bail was set very high for a senior citizen with a clean record,and his daughter, who were arrested for domestic violence, neither party wants to press charges, so the family lawyer is representing both, I don't think the judge liked that and set the bail very very high.Some say highly... View More
answered on Oct 28, 2016
Whether a judge like an attorney (prosecution or defense) is not one of the factors in setting bail. It is highly unlikely that bail was set based on disliking a lawyer.
Why would both parties be charged and how would they be dropped?
answered on Oct 27, 2016
Police arrested both because they didn't know who was at fault and/or thought both were equally to blame. To answer the second part of your question, it helps to have an aggressive defense attorney.
answered on Oct 27, 2016
It sounds like the police didn't know who was at fault so they arrested both people. That's called a cross-complaint. A prosecutor may try to sort out if only one person was a false and then dismiss the charges against the other.
answered on Oct 21, 2016
No, Orders last for a period of years. Following a conviction or a guilty plea, an Order of Protection will last increasing amount of years for a family ACD, violation, misdemeanor and felony.
answered on Oct 19, 2016
Far more information is needed. Charges are not normally dropped, but it may be possible in limited circumstances to have charges dismissed.
The the towing company won't release it to us b/c the cops have a hold on it. How long can they hold the car? I need it to get to work.
answered on Oct 18, 2016
Your husband's attorney can serve a demand to return the car. Alternatively some DA's offices will release the car after a waiver of certain defenses.
Under NYS Penal Law would he be guilty of trespassing? Criminal Trespass?
answered on Oct 27, 2016
Yes, a defense attorney could convince a prosecutor to offer petit larceny or even a non-criminal disposition. It depends on the facts of every case.
answered on Oct 13, 2016
Unless you give consent, law enforcement needs search warrant to go through you phone. That means that there is probable cause to believe that there is evidence of a crime on a cellphone.
-- the car was idling but he was not driving. Mall cop said he'd called the regular cops - once they go there he got charged with a DUI. How is that possible if he wasn't driving?
answered on Oct 11, 2016
You raise an excellent question. Operation of a motor vehicle is an element of DWI. That means a person starts a the motor vehicle with the intention of putting it in motion. Based on what you wrote,
the element may be difficult for a prosecutor to prove beyond a reasonable doubt because... View More
answered on Oct 10, 2016
Sexual contact with anybody under the age of 17 is a crime. In other words, the age of consent in New York is 17.
I was wondering if paying part of my suspension such as the refusal fee would help avoid jail time i keep seeing a mandatory jail sentence
answered on Oct 7, 2016
Your willingness to pay a fee probably is not going to get you a better deal. Speak to an aggressive defense attorney.
answered on Oct 7, 2016
It depends on the status of a case. If it is ongoing then at some point in the case you are entitled to receive a copy. If a case has been dismissed and sealed you would need a court order to see an arrest report.
answered on Oct 4, 2016
That's a good question. There are two types of DWI in New York: (1) per se, which is .08% BAC and above; and (2) common law, which is driving a car in an intoxicated condition. It would be difficult for a prosecutor to prove common law DWI beyond a reasonable doubt unless there were other... View More
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