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Carl Scott Spector
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Carl Spector’s Answers

386 total


  • On my cert. of disposition it shows a charge of 155.30 then disposed to 155.25, what am I convicted of that shows on my record?

    I believe I was originally charged as having a class e felony. On my certificate of disposition it looks to have ended up as a petit larceny with a conditional discharge. Which is the end result as me being charged with and what ends up on my rec...

    Carl’s Answer

    If you pleas was to 155.25 then the record of conviction will be for that misdemeanor charge.

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  • If marihuana is found on your person, and DA charges 221.10, is there a cause of action for something like wrongful prosecution

    Cops find marijuana in the driver's pocket while driving in Nassau County, NY. They arrest, impound car, take driver to precinct and then give DAT. At arraignment DA announces the charge is 221.10. The fact is the marijuana was not burning nor ...

    Carl’s Answer

    Under the facts that you have presented it does sound difficult for the State to prove the 221.10 charge.

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  • I paid a fine for shop lifting back in the 1980s. How can I find out if it was Adjourned in Contemplation?

    1st offense never been in trouble since

    Carl’s Answer

    There is no fine that is due when a case is adjourned in contemplation of dismissal. You can go to the court clerk and request your records.

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  • What should i do? I need help asap!

    I got arrested by two detectives earlier today, while I was smoking marijuana while I'm walking and I had a marijuana blunt in my pocket, they they didn't read my rights at all. What should i do!

    Carl’s Answer

    Take a look through the listing of attorneys in AVVO for a local attorney and call a few to set up a consultation.

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  • AUO in the 1st My fiancé was driving my car and sherriff pulled him over said he had a warrant

    for Violation of probation. Hes been on probation since 2011 they are going to offer him if he pleads guilty 1 year in county jail. Can he get a better offer

    Carl’s Answer

    For AOU 1st must include a fine and either jail or probation. A lot will have to do with the facts of the case and his prior criminal record.

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  • Doesn't arraignment have to occur within 72 hours in CNY?

    An inmate in Jamesville was charged with having contraband (felony) but wasn't arraigned until 2 weeks later...Can't something be filed to get that charge thrown out?

    Carl’s Answer

    An arraignment on a new arrest on an individual that does not have any holds usually takes place in the City of New York within 24 hours. The arraignment on an individual being held on bail on another case or otherwise being held does not have the same rule because they are being not being held on the new charge.

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  • Pulled over leaving friend's house where two ODs, one fatal, have occurred this year alone - valid stop?

    I pulled away, stopped at the stop sign, made a left and was going less than 30 mph when the lights come on. When I asked why, they said it's a problem neighborhood and they're working to clean it up. They asked if I had anything in the car, I s...

    Carl’s Answer

    You are not under any obligation to cooperate whether arrested or not. If you do get charged, then your attorney can make a motion to suppress and a hearing can be held to have a judge to consider whether the stop was valid.

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  • Can i be charged ?

    I got pulled over and my friend had marijuana that i had no clue about and put it my glove compartment as soon as the cop was coming towards the car. The cop saw it and arrested all of us. I told them right away that it wasn't mine and I didn't ev...

    Carl’s Answer

    Yes you can be charged under a theory of constructive possession. Perhaps it can all be worked out in court if all of you are represented by attorneys.

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  • Can i be charged

    I got pulled over and my friend had put marijuana in the car but i didn't know about it. The cop saw it and arrested all of us but later on my friend confessed that it was his.

    Carl’s Answer

    To prove possession the State would have to prove "knowing" possession. If your friend was also charged with the possession then it may be reasonable for the State to accept him taking responsibility for the marijuana and getting your case dismissed. Please consult with an attorney to work out all the details. Your friend would also be entitled to be represented by an attorney.

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