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Manuel Portela

Manuel Portela’s Answers

19 total


  • If i have a bench warrant in iowa,can i be arrested in chicago?

    i have a public/bench warrant for fta for contempt

    Manuel’s Answer

    If you have a bench warrant fom Iowa, but have not been rearrested in Chicago, it is unlikely that Iowa authorities will try to locate you in Chicago.

    If, however, you are rearrested in Chicago, then your arrest may show up on your RAP, criminal record report. If you get rearrested in Chicago the authorities in Chicago may contact the authorities in Iowa where the warrant was ordered to determine if you should be held without bail and placed in extradition proceedings.

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  • I was found guilty for possession of marijuana. how can i come back and prove my innocence?.consul didnt renew my visa.

    I got arrested two days before my flight to my country. I was drinking bear with my friends and they were smoking marijuana. They dropped marijuana on the ground before police officers came, however police officers found it. So they arrested us fo...

    Manuel’s Answer

    An attorney needs to research if an arrest warrant was ordered for not appearing in court or if in fact you were convicted in absentia. The arrest warrant is the more likely scenario.

    A good criminal defense atorney may be able to help you while you are in your country to vacate the warrant and try to resolve the your case with a non criminal resoultion, but with NO guarentees. The courts do not generally vacate warrants without the person charged being present in court. Your attorney has to provide a compelling reason to the judge and see if the District Attorney's office will not object to vacating the warrant and try to work out a non criminal resolution. It is worth a try.

    First the defense attorney has to conduct an investigation to determine what happened in court after you failed to return. Second, the attorney has to explore all options in trying to get the the warrant vacated or case reopened. My office provides phone consults

    Manuel Portela
    The Porteal Law Firm, P.C.
    415 Madison Avenue, 15th Floor
    New York, NY 10021

    212-927-7363
    718-424-5000

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  • Class a misdemeanor petit larceny in nyc and conditional discharge of 1 year in may of 2011. can i seal this now that its done?

    It was my first and only offense and am wondering if this will show up on background checks and is there any way of having this sealed.

    Manuel’s Answer

    Are you certain that you were convicted of a misdemeanor Petit Larceny? If so, the advice from the learned atorneys who responded is accurate.

    You state that it is your first and only offense. Did you plead guilty or were you convicted after trial? If you entered a plea deal, defense attorney's negotiate with the prosecutor before entering a plea deal. Defense attorneys also often try to get a better deal than a plea to the misdemeanor charge on a first offense.

    You may have pled to a violation and not a misdemeanor offense without realizing it or having it fully explained to you by your defense attorney. If so, that is good news, because the case can be sealed after one year from accepting the plea.

    You can determine the charge that you pled to by either calling your defense atorney or going to the crimihal court clerk's office. You should also get a Certificate of Disposition for your records, which is an official court record of the disposition of your case. Once you determine if you pled to a misdemeanor or violation you can determine if and when your case will be sealed.

    The Portela Law Firm, PC
    415 Madison Avenue, 15th Floor
    New York, New York 10017
    212-965-9458

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  • Should I continue to pay back a loan when the person refuses payment?

    I borrowed $800 from a friend without an agreement or terms of repayment. About a year later we had a falling out and he ask me to repay the debt over a eight month period, $100/month. I made the first payment 9 days after our agreement, but he re...

    Manuel’s Answer

    When you both agreed to a payment plan it would have been advisable to have the payment plan agreement in writing.

    He can sue you for the full amount of the loan. He is within the statute of limitatin to file a demand for the full amount in court.

    Do not continue to send payments if he made it clear that he will not accept it. Set aside the payments in case he initiates a demand in small claims court. You will still have an opportunity to work out a payment plan with the assitance of a court appointed mediator or by your and his attorneys.

    If he starts an action against you and, in the worse case scenario, gets a judgment against you he will have to jump a a few more of legal hoops to collect the judgment amount. It is in his best interest that you work out a payment plan. Perhaps you can meet him half way and offer a better monthly payment plan to save this friendship.

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  • ACD and citizenship.

    My boyfriend charged with petit larceny, he is 27 years old. He finally got a ACD, which means the case will dismiss after six months. he is green card holder, both of our family pushed him to apply for citizenship now, but his case just kinda sec...

    Manuel’s Answer

    An ACD is the best resolution in a criminal case short of a straight dismissal when you last appeared in court. By agreeing to an ACD or an adjournment in contemplation of dismissal you did not plead guilty to a crime or even a violation. The ACD is conditioned that the case remains open for six months. You are not required to return to court after the six months, because it will be automatically dismissed under the condition that. your boyfriend does not get rearrested during that six month time periord that the case remains open. If he does not get rearrested the case will be dismissed and sealed. Your boyfriend will not have a record, which is good news for his citizenship application. With that said, you should wait until the the six months expire and the case is dismissed and sealed before considering applying for citizenship a.k.a naturalization. Also, you should get a certificate of disposition for this arrest and ACD disposition. When applying for naturalization, you must disclose this arrest and have the certificate of disposition available.

    Wait until the six months expire before aplying for naturalizaiton. The good news is that your boyfriend does not have a criminal record which makes him a good candidate. Your defense attoreny did a good job! You may want to consult an immigration attorney to help you with the naturalization petition.

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  • How much time can a person get if charged with robbery?

    Hi yes my fiance was charged with robbery and it is his first time doing something like that, but the thing is that he is on probation as well for something else. I was wondering if they could give him something that would not include jail time li...

    Manuel’s Answer

    We need to review the felony complaint of the new Robbery charge and learn more about the new arrest before advising you of a plea disposition. Robbery is a felony.

    Regarding your fiance's probation, the New Jersey Probation Department will likely seek a warrant for his arrest if he is released after the Arraignment and schedule a Violation of Probation Hearing at the same time as the criminal prosecution is underway for the Robbery charge.

    It is important that you retain an experienced defense attorney that can defend your fiance in the Robbery case as well as the violation of probation case that preceded the new arrest.

    The outcome of the Robbery case may have a significant impact regarding his violation of probation sentence.

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  • I was charged w 220.10

    Received ACD. Lost my job of 12 yrs ! Will I ever be able to do security again?

    Manuel’s Answer

    I presume that you received a Marihuana A.C.D., as the arrest involves possession of marihuana for personal consumption.

    Note that you do not have a criminal record with a Marihuana A.C.D., and this should not prevent you from getting a new secuirty job in the future.

    You may have lost your job within one year after your arrest because there was this open case pending in the local criminal court after you accepted the Marihuana A.C.D. cases, which is not illegal. In the alternative, your employer may have fired you for any number of reasons unrelated to the arrest.

    It is important to understand what a Marihuana A.C.D. or Adjournment in Contemplation of Dismissal means.

    A Marihuana A.C.D. stands for an Adjournment in Contemplation of Dismissal ("A.C.D."). A defendant in a case who accepts an A.C.D. enters in an agreement with the local criminal court that the case will remain open for twelve months and if there is no new arrest during that period the case will be dismissed and sealed.

    When one accepts a Marihuana A.C.D. as a disposition of a case, that person is not admitting guilt to any charge or reduced charge.

    There are good chances that you will do security work in the future, but you should consider applying twelve months after your accepted the A.C.D. when the court dismisses and seals the file.

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  • I am gone to college i did stupid things when i was young can i clear my record ill pay

    i live in co

    Manuel’s Answer

    Your concern is a valid one. A criminal conviction can affect educational and employment opportunities, applications for licenses and housing applications, to name a few.

    If you were arrested when you were younger, you should go to the clerk's office of the criminal court where the case was prosecuted and request a Certificate of Disposition. This Certificate of Disposition can be obtained by providing your pedigree information, date of arrest and the docket number of the case if you have it.

    After obtaining the Certificate of Disposition, take it to an experienced criminal defense attorney licensed to practice in that state who can advise you if the resolution of the case resulted in a criminal conviction, reduction of the charges or dismissal.

    In addition, the attorney will advise you of your options and chances of getting a criminal conviction expunged in your jurisdiction.

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  • My neighbors are calling me names

    I live in one of two four-plexes full of college students. Almost every night they party and are smoking pot. I have called the police several times for this or ask them to keep it down and also told my landlord. When I call the police, sometimes ...

    Manuel’s Answer

    • Selected as best answer

    The loud partying clearly is affecting your use and enjoyment of your apartment, You should consult with a landlord/tenant attorney. A formal letter and notice to cure the loud noise by your neighbors as a breach of your lease agreement may be sufficient to get the landlord to take more aggressive measures to evict your neighbors.

    If you don't have a witness that can come forward to identify the perpetrator who intentionally damaged your property, you are out of luck in pressing criminal charges for the damage to your property. Suspicion is not enough.

    Regarding name calling, that is protected under the First Amendment. "Stick and stones may break your bones (and can result in an arrest by the perpetrator), but words should never harm you". If the name calling turns into repeated threats against your safety, then report it to the police who may have sufficient probable cause to arrest the person for Harassment.

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  • I was caught in a Century 21 store for changing a price tag. Will it affect my criminal record? Please help!

    I was caught in a Century 21 store for changing a price tag. I didn't have any intentions to steal, what I did was I changed a price tag from one clothing to another. The manager took me to a room and said that saw me doing that on the surveillan...

    Manuel’s Answer

    If you were not arrested, then no criminal charged were filed in the New York county Criminal Court. You will not have a criminal record, because you did not plead guilty nor found guilty after a trial of a crime. This will not affect your record with respect to college or a job.

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