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Richard C. Southard
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Richard Southard’s Answers

5,376 total


  • Can a 16 year old boy charge for rape for a 17 year old girl ?

    This being goin on for a year now and the 17 year old girl lied and say that the 16 year old boy force her and they have had sex more than 5 times. Is that consider rape? 17 year old girl saying that 16 year old boy force her and rape her. When sh...

    Richard’s Answer

    While she is legally able to consent to sex at 17, the claim here is forcible rape which is a class B felony punishable up to 25 years in jail. Her consent would be a valid defense so have the 16 year old start saving any emails, texts, posts or letters that support this claim.

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  • Need trail lawyer for drug case in ny ny

    ??

    Richard’s Answer

    Avvo's terms of service prohibit attorneys from recommending their own services. What you need to do is get as much of your paperwork as possible and meet in person with a few experienced trial lawyers. Find out their background, read their reviews, look at any awards or industry recognition. And then choose the one you trust most.

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  • How do I drop domestic violence charges against my fiancé?

    We got into an argument that turned physical and he strangled me. I had to bite him really hard for him to let go.

    Richard’s Answer

    Only the District Attorney can drop the charges as the case is the State of NY against your fiancée. Your role is that of witness/victim. It is unlikely that the DA will want to drop the charges based on the allegations you posted. You of course can make your wishes known to the DA handling the case and you can work with your fiancée's defense attorney to see if there is anything you can do to help him minimize the consequences to your fiancée. If there are no prior incidents of violence and no criminal record, it should be possible for your fiancée to avoid jail and possibly avoid a criminal record if he agrees to counseling.

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  • URGENT! NYC physican hand injury auto accident. NYPD refused to file accident report.

    Left hand break, dislocations and fractures. NYPD refused to come to scene of accident. He was hit by tractor trailer. He then went to police station and waited an hour and police still refused to write report. He is in the VA hospital. Hosp...

    Richard’s Answer

    Unless the delay in treatment affects his ability to recover from his accident, I'm not sure any action lies against the NYPD. That being said I've never heard of an instance where the police refuse to come to the scene. It's definitely worth filing a notice of claim (you have 90 days) and trying to subpoena the 911 call and radio communications. At a minimum there will be a cause of action against the other driver depending on the percentage of fault they bear in causing the accident. The injured party should also look at their own insurance policy to see if they have supplemental coverage which requires notice.

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  • Good Morning, I would like to know what kind of bail is offered for a NY 105.15 F B (Conspiracy 1st B Felony) in Supreme Ct.

    This person has a record.

    Richard’s Answer

    As others have answered it is within the judge's discretion based on whether the judge determines is his risk of flight. The factors include, bench warrant history, criminal record, ties to the community, employment and living history, probation or parole, strength of case, likelihood of prison sentence, etc. What will make bail even harder in a case like this is that the judge is likely to require a bail source hearing. This means that the person posting bail or bond will have to satisfy the DA or judge that the money being used to pay bail did not come from criminal proceeds. This can be a very difficult requirement. Speak to his attorney about this.

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  • I am a taxi driver in Westchester. I unfortunately got a DWI last week. It was a refusal. Will I be able to get a conditional?

    I spoke to several lawyers but I get different answers. Will I be able to work with a conditional while my case is pending? IT is my first offence of any kind. Please help besides saying hire a good lawyer. No accident. No passengers. No injuries.

    Richard’s Answer

    1) you face at least a one year revocation simply for your refusal to submit to the chemical test. You can lose your right to drive even if you are ultimately found not guilty of the DWI charges. There will be a "refusal" hearing at DMV scheduled within 15 days of arrest. There are a number of grounds to challenge the process.

    2) as the other attorneys pointed out you cannot get a conditional license on a CDL as you are held to a higher standard of driving conduct.

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  • How to handle turning myself in.

    I left the state, violating my NYS probation. The warrant hasn't become active yet but I want to return home to do my jail time (max 1 year) and turn myself in. My questions are, without turning myself over to my PO how do I turn myself in. Should...

    Richard’s Answer

    Reach out to the lawyer who represented you. Have them speak to the PO about surrendering you. You may have other options than simply doing a year in jail.

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  • Someone takes a guilty plead on sex charges. Can it be done after the person comes out of prison not to register as a sex offend

    That person has never had previous problems with the law.

    Richard’s Answer

    The answer depends on what crime they pleaded guilty to. If the crime is on the SORA list then a hearing will be determined to see what level offender the person is. Even for the lowest level offender, they are required to be register for 20 years. If you know what they pled guilty to, respond in the comments and I will tell you whether they will be required to register.

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  • I have two misdemeanor warrants in AL and I now live in NY will those warrants prevent me from obtaining my driver's license?

    The first one is for not making my payments on time for Jefferson county and the second was a fta on a follow up court date to check up on my probation on worthless checks. I have never had driver's license before.

    Richard’s Answer

    Ignoring your immediate problem and not taking care of the outstanding warrants is never a good strategy. Take care of the warrants asap.

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