The same to someone else as well as a conviction for abducting and kidnapping...He is wanted by 2 different counties as a violating felon. She has refused to cooperate with police as to his whereabouts.Is she culpable or can she be charged with any crimes?
An individual cannot get in trouble for refusing to cooperate with the police or help them with their investigation. With that being said, if your daughter in law is harboring the boyfriend, or helping him in any way to escape apprehension, she may have criminal exposure.
For example, Miranda v. Arizona which was decided by the Supreme Court mandates that suspects have to be read their rights to an attorney and to remain silent, but would a similar case decided by a lower federal court (district or circuit court) have an impact on how police officers should act in... View More
Yes, a district court's decision sets precedent for police department and can result in the change of police procedure. Two recent examples - ban of gravity knives unconstitutional (SDNY) and stop and frisk unconstitutional (SDNY). Both were district court decisions that resulted in changes to...View More
It is not illegal to refuse a blood test when you are pulled over and officer suspects drug use. Unless you consent to the blood test, the officer is only able to obtain a warrant for your blood sample if you caused a fatality. Were you charged with a crime?
Grand Larceny under NY law is items valued at $1,000 or more, or when the property taken consists of a debit card or a credit card. Chances are, if it’s a wallet, there was at least one debit card or a credit card in there. Your discovery would show that information.
when i saw her videos and body, i thought she was a young looking adult cause her body was fully mature. But then she told me about school, so i asked her to tell honestly and she told me she was 12. I felt really guilty. we texted through Kik. She said she was sorry for lying but did not want to... View More
Yes, unfortunately you can be criminally charged. Age of consent differs state by state. I do not know where you are located, but if she's 12 exchanging and possessing naked or sexual images of her is most likely a crime in your state. It is a crime under New York Law. New York is a strict...View More
A friend was arrested for grand larceny .he admitted to the crime after he was sentence he realized the arresting officer was the nephew of the complaintant wondering if this is legal I'm thinking it should be a conflict of interest
I don't think it's illegal per se to be the arresting officer on a family member's case. However, if the investigation was somehow skewed or done improperly, that is problematic. Since your friend took the plea, I assume he reviewed the discovery and went over the case with his...View More
New York has a legal theory called "constructive possession." Under this legal theory, everyone inside the apartment can be charged with any illegal objects or substances. While the location of the drugs may influence whether the prosecutor chooses to charge you with the crime...View More
Defendant pleaded not guilty after being arrested for drunk in public and open container, also trespassed and vandalized my wifes license plate but I did not see him do it, my neighbor did and i dont want to have to drag my neighbor to court
Very few misdemeanor cases result in the witness having to come in to meet with the prosecutor or testify in a court proceeding. I would say less than 2% of misdemeanor cases in New York State result in the witness having to appear in person. Usually, the prosecutor is able to interview witnesses...View More
There is no blanket federal expungement statute. However, there is limited expungement relief available under 18 U.S. Code § 3607 - for some drug convictions under 21 USC 844 - simple possession. If you qualify, you would have to file a petition to SDNY seeking relief. You should call your...View More
Because of the nature of the charge, it is permissible to charge an approximate range of the conduct. Especially, if the the allegations go years back. No one remembers the exact dates of anything, unless they have a kept some sort of record- like a diary.
Hello. I'm wanted in the USA. While I was on bond I managed to get out of the country because I was very scared of consequences(prison). In that foreign country I've bought a fake death certificate and mailed(under different name) it to US court that handles my case(very stupid idea).... View More
This question requires a lot of research. First, if you are coming back on your real passport, you will likely be stopped at the airport because there is a federal detainer on you. Second, it seems that the U.S. Attorney's Office/Court either never received your death certificate or they do...View More
A foreign citizen has a student visa and studying here in USA is threatening me. We are from the same country and I practiced the freedom of speech here in US and I wrote my opinion on Facebook about certain topics. I did not mention any names or pointed out to anyone in my Facebook posts. He... View More
In addition to my learned colleague's answer, you may want to consult an immigration attorney. United States gives asylum for individuals who will be persecuted if they return to their home country. Best of luck with your case.
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