My advice to you would be to find your attorney's office address online or from the court and physically go to his/her office and ask to speak with them. Be polite and, if they tell you that you can't speak to them without an appointment, make sure that you don't leave the office... View More

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.

Speeding charges in NY are NOT misdemeanors. If he wrote you for reckless driving, that's a misdemeanor. However, speeding offenses are traffic infractions that involve 3 points, 4 points, 6 points, 8 points or 11 points depending on how fast one was traveling. Or in the case of VTL... View More

There is a relatively new sealing law in NYS. See Criminal Procedure Law Section 160.59 or speak with an experienced attorney to see if you qualify to have your criminal conviction sealed.

You should do an internet search of attorneys in the Madison county area that handle your particular type of legal situation. In addition, you can contact the local bar association and ask for a list of criminal practitioners. Finally, the local assigned counsel panel may provide a list of... View More

The prosecutor is under no obligation to offer a plea. If the prosecutor never offered a plea, it is not a violation of anything.

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answered on Dec 28, 2020

Section 265.01 prohibits gravity knives and switchblades or any knife intended to be used against another. It does not fro hi it Foldable knives or pocket knives. There is no specific prohibition of a felon in possession. That is limited to guns of any type possessed by a felon which is prohibited... View More

The court must determine what the payor is capable of earning. If the payor is capable of earning more than he/she is actually receiving, support will be determined on the capablity as opposed to the actual earning.

Hire an attorney as there may be multiple considerations civilly and criminally.

Probably not, but an attorney would have to know much more about the context, what was said, what was done, etc. before an accurate answer could be given. If you’re concerned, consult with a criminal defense attorney.

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

If you file for an OP in family court that is a civil matter and it will not affect his license. However, if he violates the order and gets arrested, then it becomes a criminal matter and if convicted of a felony, he would loose his license.

This looks like something that an employment law attorney would probably know better than attorneys who practice in the categories posted. You posted in New York, but mention being in West Virginia. If this involves a West Virginia county/school district/teacher's union and that's where... View More

I dont see any explicit ban on stinger whips. Nor do i see a license permit to carry one. You may want to consult an attorney before carrying. But keep in mind a bat, certain kitchen knives or an ax may not be illegal but if used illegally... also does the opposite end the stinger have an electric... View More

Under the law you have to have intent to steal or deprive another property.

It sounds like this defendant hasnt intended to deprive but the person who is the co owner believed it taken.

He should consult with attorney who can approach and explain to the prosecutor the scenario.... View More

By law the distance is set.

Stay Away Provision: Ordering the defendantj to stay at least a certain number of yards or feet away from the victim, his or her home, job, school, and car. The stay-away distance can vary by state, judge or the lethality of the situation, but is often at least... View More

The law is usually defined as permanently depriving the owner of his property or doing something inconsistent with the owners rights. It will be a question of fact based on when you told him what happened. If you told him after he confronted you it may seem likea self serving excuse. If you told... View More

Short answer is no.

Like many states, New York’s law sets time limits for a host of specific crimes. For crimes not specifically listed in the statute, a general statute of limitations applies based on the category of the crime. The general time limits are:

five years for felony... View More

Not sure the question but the officer could suspect another substance as a reason for the charge.

DWAI May Be a Less Serious Charge, but It Is Still a Violation.

In New York State, DWAI or Driving While Ability is Impaired tends to carry less severe penalties than a DWI or an... View More

No, it is not illegal to refuse a blood test, but your license can be revoked if you are charged with driving under the influence of drugs (1192.4). Were you charged with a crime?