John J. Carney’s Answers

John J. Carney

New York Criminal Defense Attorney.

Contributor Level 14
  1. If a DA is given evidence proving defendant is NOT guilty of what is being accused, will DA then HAVE to drop the charges?

    Answered over 1 year ago.

    1. Howard A. Schwartz
    2. Joseph A Lo Piccolo
    3. Joshua Sachs
    4. John J. Carney
    5. Eric Edward Rothstein
    6. ···
    7 lawyer answers

    Defendants often think that there is "evidence to prove they are innocent" and that may be true, but the prosecutor may not believe that witness or discount that evidence. Under the Brady Rule, they must turn over any evidence that is considered "exculpatory", but they sometimes ignore that rule if they feel no one will know they have such evidence. A prosecutor will make every effort to get a plea if they think the case is weak and they will lose a trial. They may even move to dismiss a case...

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  2. Being charged with 120.00 and 240.26 however, I acted in self defense! Need help understanding my rights!

    Answered over 1 year ago.

    1. Marco Caviglia
    2. Joseph A Lo Piccolo
    3. Jayson Lutzky
    4. Eric Edward Rothstein
    5. John J. Carney
    6. ···
    6 lawyer answers

    You should retain a good criminal lawyer to investigate the matter. It sounds like you were thrown out and then returned and the bouncer tried to remove you and a fight started. Your lawyer needs to know the facts, interview witnesses, subpoena the security tapes, hire a private investigator to talk to the bartender, bouncer, and patrons that might have witnessed the event. The motive for the assault and whether you were trespassing are not clear. You may have a defense of justification,...

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. I a the victim in a domestic violence case that wishes to help the defendant in his defense.

    Answered over 1 year ago.

    1. Howard A. Schwartz
    2. John J. Carney
    3. William A. Jones Jr.
    3 lawyer answers

    You should speak to his lawyer and allow the lawyer to convey your wishes to the prosecutor. You must ask to speak at the sentencing unless it is a negotiated sentence in which time you are not going to effect the sentence.

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  4. How long can a county jail hold my boyfriend in nys for a fugitive from justice in pa he did not sign the waiver

    Answered over 1 year ago.

    1. John J. Carney
    2. Joseph A Lo Piccolo
    3. Arkady Bukh
    3 lawyer answers

    The prosecutor can get extensions up to 90 days. They will not extradite on some misdemeanors. You should retain a good criminal; lawyer in the state and city that he is wanted to contact the sheriff or detective that is in the county that wants to extradite and find out if they are actually going to go to New York or not. Then you can decide if he wants to wait the 90 days or waive extradition and face the charges. Since you do not want to be a fugitive forever and since he will only get...

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  5. This would be my 3rd DUI if i was convicted

    Answered over 1 year ago.

    1. Ann Toney
    2. Nicholas Lubchenco
    3. Christopher Daniel Leroi
    4. Matthew Patrick Hand
    5. Brandon Uriah Luna
    6. ···
    10 lawyer answers

    The one thing that all DWI cases have in common is that eh prosecutor is almost always going to get some type of conviction if you were "operating" the vehicle. That means that unless you were driving all over the road, had a high BAC, or were extremely intoxicated your lawyer ay be able to convince a judge (usually not a jury) that you were not intoxicated but rather "impaired" a violation in many jurisdictions. Your problem is that the judge will be very well aware that you are a repeat...

    9 lawyers agreed with this answer

  6. What does substituted charges mean in a court of law

    Answered over 1 year ago.

    1. John J. Carney
    2. Eric Edward Rothstein
    3. Joseph A Lo Piccolo
    4. Benjamin J Lieberman
    4 lawyer answers

    No matter what you are originally charged with by the police, the prosecutor can add charges, reduce them, supersede them with an indictment, or dismiss them without your knowledge or consent. You will then be arraigned on the new or additional charges. There is no such thing as a substituted charge.

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  7. Should i take to trial or push for 30/30 motion??

    Answered over 1 year ago.

    1. John J. Carney
    2. Marco Caviglia
    3. Eric Edward Rothstein
    4. Joseph A Lo Piccolo
    4 lawyer answers

    You are probably not able to determine the adequacy of your lawyer unless he or she has only been practicing criminal law a few years or is not a criminal lawyer. Your lawyer may file a 30.30 motion unless he waived the time to plea bargain. You must talk to him and ask him why you are pleading to a criminal mischief if you did not damage the car, perhaps it is because he is accepting a plea on that count as opposed to the assault. If you are guilty of assault and the prosecutor can prove it...

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  8. I am in court for a second dui and i just received a third dui. Will I go to jail

    Answered about 1 year ago.

    1. Harold L. Wallin
    2. Eric Paul Hanson
    3. Benjamin Pearce Titter
    4. Judy A. Goldstein
    5. Joseph Franklin Pippen Jr.
    6. ···
    7 lawyer answers

    You are out of control and the judge may very well think that it is time to incarcerate you before you kill someone or yourself. You should retain a good DWI lawyer and stop drinking and driving.

    8 lawyers agreed with this answer

  9. Can I sue for slip and fall in a store parking lot?

    Answered 8 months ago.

    1. Francis M Smith
    2. John L. Schroeder
    3. Samuel Cohen
    4. Michael J Palumbo
    5. Christian K. Lassen II
    6. ···
    8 lawyer answers

    Unless you have surgery, permanent injury, or prolonged pain the case is not worth a lawyer's time. There is no clear negligence and no monetary damages to make it a viable case for most personal injury lawyers. They cannot be expected to remove all snow and ice from a parking lot.

    6 lawyers agreed with this answer

  10. What can I do if the dmv won't let me do the ddp program ?

    Answered 11 months ago.

    1. Michael J Palumbo
    2. Jonathan Brian Manley
    3. Joseph A Lo Piccolo
    4. Marco Caviglia
    5. John J. Carney
    5 lawyer answers

    Retain an attorney to get the facts as you cannot be sentenced to the DDP without a conviction for DWI or DWAI unless the judge made a mistake.

    6 lawyers agreed with this answer

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