He served his sentence and got put in mental facility because he’s a serial offender and was still a risk to society. I was never told he was released and he’s been seen around my home town and now I’m afraid and traumatized all over again because he came back to the place where this all... Read more »
Please don't do this. As attorneys, we are not qualified to counsel or advise in situations like this. But it is difficult to sit idle and say nothing when someone speaks of doing this. Please look into resources that are out there. There are hotlines, helplines, and other forms of counseling....Read more »
I ask because let’s say you’re arrested for not being home at 8 when you’re supposed to because you were coming home but do to traffic for example, it’s past 8? Is it a defense or it’s strict liability? What about someone dragging you outside your home to beat you up in a park?
Yes there are defenses available to individuals arrested under the curfew. As with any case, the defense would depend on the specific circumstances of your case and arrest. The New York DAs have already indicated an unwillingness to prosecute certain types of cases. However, you should consult with...Read more »
Unfortunately, it is difficult to answer your complex questions without more information about your case, the trial and the indictment. If your rights were in fact violated, that could be an issue for appeal. Again, a more thorough review of your case would be necessary.
Homeowner lost her job and couldnt pay mortgage for a few months. A servicer suggested that a mortgage modification is available if payments are made. The homeowner made the payments to the servicer, but the modification never occurred and now is at risk for foreclosure.
I am currently building an online adult Toy store, I haven’t done anything yet except source products. I live in New York. My question is legally do I have to have an 18+ only disclosure on my website?
Yes. Although New York has protected First Amendment rights in the context of adult stores. I believe is a good business practice to add a statement that your store will make efforts to restrict sales to minors.
Additionally, since you sell online through credit cards, access to shopping...Read more »
I was stopped driving a friend’s car. She was drunk, we switched I drove. We were stopped with a loaded gun. I recently got it for protection. I live in Rochester, NY it’s dangerous. I work in healthcare for 5 years. I’ve been a medical liason and now I work with children. I don’t have any... Read more »
There are many issues in the question. Primarily the first question is the stop. Were you violating any laws. once past that, you have to look at the Debour factors. Was there any fact which escalated the intrusion of a traffic stop to allow for a search and seizure of the weapon . People v Garcia...Read more »
7 Years ago (age 20-22?) I was charged with Felony Grand Larceny. I have done several background checks and I’m unable to find the charge. The situation was very unique and borderline civil! The judge I could tell was unhappy with me being there (she said multiple times “I don’t like this at... Read more »
If you plead guilty to a crime, I doubt it was sealed. When the courts finally re-open after this pandemic, go to the court clerks office and request a Certificate of Disposition. You can possibly have your matter sealed after 10 years after the conviction pursuant to CPL section 160.59
Do NOT speak with anyone from law enforcement anymore if you do not want to move forward. Do not sign anything if emailed or mailed to you. Your boyfriend should consult with and hire an experienced criminal defense attorney ASAP.
The attorney representing the People (the district attorney) is required to disclose evidence or information that may prove the innocence (a/k/a exculpatory evidence) of a criminal defendant. This is known as Brady disclosure, this requirement comes from the 1963 U.S. Supreme Court case Brady v....Read more »
An adjournment is the rescheduling of a court date, and a disposition is the resolution of the case. Taken together it appears that your appearance was rescheduled and the Court will be rendering a disposition.
It all depends on the history and your record. In Erie county. for Misdemeanor contempt you can get an ACD Adjournment in contemplation of dismissal as a best case. that means no trouble for 6 months sometimes 1 year and its dismissed. A garden variety plea is to the violation Disorderly Conduct....Read more »
It depends on time left and jurisdiction. In the federal courts there is the first step and compassionate Release. In the state if it’s a misdemeanor many DA’s are not opposing release resentence motions. I think if an inmate has diabetes heart problems or asthma or other respiratory issues...Read more »
There are a few different ways. You could use the search resources of the New York Court system, PACER, or some of the educational legal search tools on the Internet. You could also hire an attorney or independent paralegal to do the research for you if you don't find what you're seeking...Read more »
A false police report was made by my family members and the NYPD arrested me based on that FALSE/FAKE police report. Now, I need a lawyer that can help me file lawsuits for False police report, wrongful arrest, financial harm, destruction of reputation, mental stress & conspiracy. Thanks.
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