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Aaron Mysliwiec
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Aaron Mysliwiec’s Answers

7 total

  • I'm being charged with robbery in the 1st degree.

    robbery in the 1st degree is what my ex-friend claims i did, i loaned him money we went back and forth via text for about a month, i finally got tired of him telling he will pay me next week, excuse after excuse, i found myself trying to approach ...

    Aaron’s Answer

    I agree with the other lawyers who have answered your question. This is a very serious case and, even if handled very carefully, a conviction is possible based on the complainant's story alone. You should not discuss any more of the facts on the internet. You should consult an attorney by telephone and/or in person.

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  • How do i findout what kind of search warrant the police had for the house i was staying in

    the police had a search warrant for the appartment that i was visiting.there was 3 persons in the apartment,they arrested everybody and only indicted me. they found the gun in the room i was sleeping in. in the report said that i said the gun was ...

    Aaron’s Answer

    As part of the discovery process in the case, you will receive a copy of the warrant and are entitled to receive a copy of the post-search inventory report, among other things. You can also file motions relating to the basis for the warrant and it's execution.

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  • If u beat an state drug charge can the feds pick it up

    if u beat an state drug conspericy charge can the feds pick it up after u win in court

    Aaron’s Answer

    Yes, it is possible for the federal government to charge a person for a similar crime, even if the person was already charged by a state government and was either convicted or acquitted. Michael Vick, for example, was prosecuted by both the state and federal governments. He pleaded guilty in both cases, but it would have been possible for him (in theory) to go to trial in the state case, win an acquittal, and still be prosecuted by the federal government.

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  • How do I find out when an arraignment will be on a Federal Criminal Drug related arrest.

    Someone I know was arrested today for a Federal Criminal drug related case. Wire tapping and surveillance was involved for the last 3 year. The search warrant on the house stated District Court Eastern Division.

    Aaron’s Answer

    The easiest way to accomplish this is to contact the Clerk's Office at the likely court house for the arraignment or search for the person's name on the Pacer system. Just because a person has been arrested in one federal district, however, does not mean that the case will be brought in that district. Therefore, it's possible that the person will be brought to another court house for arraignment.

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  • Can a fed witness be brought down 2 testify on a state case

    this guy i know case went fed on drug conspericy case can he be brought down 2 testify on a state case

    Aaron’s Answer

    Yes, a state prosecutor can secure the attendance of a person in federal custody.

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  • What should i do/?

    im a green card holder and i've been here in america for 9 years without any bad record. my employer charge me with THEFT: LESS $1,000 VALUE. i went to a lawyer. but im scared for deportation all my family is here and my girl. im 27 yrs old. thanks

    Aaron’s Answer

    It is critical that you consult with a criminal defense attorney. It is also critical that you consult an immigration attorney, or that your criminal defense attorney do so. As the prior posting indicates, "theft" charges can have dramatic collateral consequences for a person's immigration status. If you'd like to research more information about this on your own to understand how important it is to consult a qualified attorney, you should visit the Immigrant Defense Project's (a New York organization) website.

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  • Disorderly Conduct 242.20 Disposition and "sealing"

    Received a Plea for 242.20 and Paid a Surcharge. The judge didn't mention that sealing be waived and such information isn't on the Certificate of Disposition. Would it be on a Certificate of Disposition if I waived it? From what I understand, I h...

    Aaron’s Answer

    Usually the sealing of a 240.20 disposition is automatic after a year, pursuant to Criminal Procedure Law 160.55. In fact, if a 240.20 will not be sealed, then at least one judge has ruled that you must be advised of this possibility at the sentencing or you have a right to withdraw your plea. In a case in Watertown, New York, a judge ruled the following:

    "For a defendant to have a full understanding of the consequences of a plea, defendant must be informed by the trial court upon a plea to a violation that the statutory right to have the record in other agencies sealed outside the local criminal court, while usually automatic, can nonetheless be not sealed should the Court decide that the 'interests of justice' prohibit the sealing."

    People v. Nicholas, 19 Misc. 3d 322, 854 N.Y.S.2d 877 (City Ct. 2008)

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