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John J. Carney
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John Carney’s Answers

1,021 total


  • What can we do to fix this?

    my husband was charged with assault 3° cause of something his kids mother said while she was mad when she tried to drop the charges they didn't let her now he's trying to get into the army and we don't know what to do to fix this, cause it might a...

    John’s Answer

    You should retain a good defense lawyer and the lawyers here on Avvo are a good place to start your search. Call and ask for flat rates and compare the fees and ratings as well as the lawyer's reviews to make an informed choice. The prosecutor is used to women wanting to help the men they charge with DV cases and may or may not listen to the wishes but he needs her to go to trial. Do not tamper with a witness, use a lawyer to negotiate this matter. The recruiter will help you after the case is over and after any period of probation is over if that is the case.

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  • What cell phone data can police legally obtain without warrant?

    Can police legally obtain every bit of cell phone location data from a service provider? Or can the police only obtain data from when a party makes a call and a signal is pinged off of a tower?If your phone is on but you are not using it can the p...

    John’s Answer

    The police commissioner of New York and other officials are protesting a recent Supreme Court Case, Riley vs US that ruled that the police need a warrant to do a "dump" on your phone. As far as getting phone records to see where a person was that requires a supoena duces tecum to get he phone records from your provider or a warrant. If it is not locked they can easily see who you called and get your contacts, but they will need to get a warrant to use the evidence in court. It is suggested that you lock your phone to keep the evidence away from the police and your girlfriend. The police keep the phones they seize as evidence in most cases and you will need a letter from the prosecutor's office to get it back.

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  • Can we challenge DMV if I hire lawyer ?

    Two years ago I got my second dwi. I'm clear from everything but the DMV wanted to go for screening test Which is fine by me. I went to few different clinic to get the screening test they want me to do rehab for minimum 6 months even though I pa...

    John’s Answer

    Retain a good DWI lawyer in your area to find out what your options are, but usually you will have to comply with DMV to get your license back.

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  • Do I plead Guilty?

    I'm 16 and was caught with a burning clip of Marijuana. I also begged to them to not arrest me if that helps.

    John’s Answer

    If your parents qualify you may be eligible for Legal Aid but you are always better off retaining a good criminal lawyer to get the ACD and make sure you do not get a criminal record. You can find many lawyers here on Avvo who will handle this very simple case for a reasonable fee. Never plead guilty to anything as that can effect your ability to get a job, get into school, or get government benefits, a visa, enter Canada, or get a loan, an apartment, or license to do certain jobs.

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  • Police came to house for daughters accidental ingestion of rx pills..on felony probation..do I need to tell probation

    My daughter accidentally took a few prescription pills..I called 911 and an officer and EMS showed up..I am on felony probation..officer took my name and DOB..ended up going to hospital in ambulance where I spoke with a social worker who was not g...

    John’s Answer

    That is police contact and the probation officer should be notified. Unless you did something wrong he should not violate you. Keep all medications locked up so that your children do not take them accidentally or to get high.

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  • Can you get the date of a dat changed in ny?

    I am located in ny. Got a dat for a shoplifting offense. First time offense and never have been in trouble with the law. I am visiting a sick family member during my dat date and was wondering if it can be pushed back or postponed for a later date...

    John’s Answer

    Retain a lawyer from the Avvo lawyers and have them call the prosecutor or a supervisor. There will not be a DA assigned to a DAT, but the supervisor may have the clerk advance the date. In the alternative the attorney may be able to appear with a Waiver of Appearance and get an adjournment but the judge may issue a bench warrant and ignore his request. A bench warrant will be a problem as it will remain on your record and you will often have to surrender and post bail. It is much harder to change a DAT date than a regular appearance date and you will need a lawyer who has a lot of experience in that court since the prosecutor, clerk, and possibly the judge have to agree to it. Visiting a sick family member is not a very good excuse and you may not get the advance date unless the prosecutor sends one of his assistants down to the part to ask for the advance date. The case will not be adjourned to a future date but maybe a sooner date will be allowed.

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  • Can ACD pl 170.55 be changed?

    The court dismissed my case that had an open warrant against me for not appearing to court (got a summons for being at a park after hours) as ACD pl 170.55, Warrant Vacated. Can this be changed to immediate dismissal and sealed? I don't want this ...

    John’s Answer

    Your lawyer should have asked you if you were going to have anyone make a background check in the next six months. If you were he could have asked the prosecutor and judge for a two week early seal unless you had to complete community service or counseling. If the court and DA agreed it could have been sealed before the six months, but you would need to have a very good reason and a job interview or the fact that your company was going to review your criminal record may have been sufficient. Maybe you had a public defender or an inexperienced lawyer who did not bother to ask you or the court or maybe you should have mentioned it to the lawyer before you took the ACD but the only thing you can do now is to retain a lawyer and try to have it sealed early. I have had that occur before and after a plea in Brooklyn and so I know it is possible. The fee should not be a lot since it is just one appearance.

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  • Can I sue the police department for also arresting me when I called the police for someone who assaulted me?

    This individual harassed and stalked me down my grandmother's home. Upon confrontation I immediately called the police to tell them someone was trespassing. While on the phone this person approached me (up the house stoop) and started to attack me...

    John’s Answer

    You will not be able to sue the police unless they knew her statement to them was false. You will not be able to sue for malicious prosecution as the police and prosecutors are immune unless they are working against you with the knowledge that you are innocent and that is not the case here.

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  • Can I get off probation if I join the armed forces?

    I am 18 and I got convicted of 2 felonys and I was 16 so the charges dropped to minsterminor and got 3 years of probation but it has been my whole life too become a marines but I Can't until am down with this probation and also my brother is in th...

    John’s Answer

    Talk to your recruiter as he will know how to handle the situation. If he tells you to retain a lawyer to get off probation early then that is your best course of action, but make sure that is how he recommends that it be done. Otherwise you are wasting the money and may be ineligible even if you terminate the probation early.

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  • Caught shopflifting over $700 in a ny store. Do i hire a lawyer for the dat? What is the punishment in this case? Thanks

    Over 18. I have no criminal record and this is my first offense. Help needed thanks

    John’s Answer

    You should retain a lawyer from the Avvo list with a "10.0 superb" rating to handle the case. It is a high amount and that makes it more difficult to get an ACD dismissal, but I believe a good criminal lawyer might be able to get one on a first offense. The maximum sentence is a year in jail and 3 yrs probation is possible but you will likely get shoplifting school or community service.

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