Nathaniel Edward Burney's Answers

What is a cpcs 7degree charge

"CPCS 7" is short for "Criminal Possession of a Controlled Substance in the Seventh Degree." It is a violation of New York Penal Law section 220.03. It is a Class A misdemeanor, punishable by up to one year in jail (not prison). The crime is committed when someone knowingly and unlawfully possessed a controlled substance. "Knowingly" means they were aware that they possessed it. "Unlawfully" means they didn't have a legal right to possess it. There are only very rare occasions when...

1 lawyer agreed with this answer

5 people marked this answer as helpful

How could being arrested for smoking marijuana on the street affect my FAFSA financial aid?

A marijuana case like this that gets adjourned in contemplation of dismissal is usually adjourned for 1 year, rather than six months. During that time, the case remains open, and will still be pending. If, at the end of that time, the defendant has not gotten in any more trouble, the case gets dismissed, and the law treats it as though the arrest never happened. My understanding is that FAFSA only cares if you got convicted, and in this situation there would be no conviction. Make...

1 lawyer agreed with this answer

1 person marked this answer as helpful

I was charged with giving a false statement and this will be my second misdemeanor, now what?

First, don't tell the internet what you did or didn't do -- law enforcement reads this stuff, too, and it could hurt your defense. Second, get a lawyer with experience handling this kind of case in your county. Talk to your lawyer in private. If you're straight with him, he'll be able to advise you as to what to do. Nobody can advise you what to do without knowing more specifics about you and what you're charged with. And the internet is not the place to do it. This isn't legal...

1 lawyer agreed with this answer

What kind of charges am i looking at for cops raided my house and finding a 1lbs of weed and i wasnt home?

Lawyer up. Don't call the cops. Don't talk to the cops. And don't post stuff like this on a public forum. Between 8 and 16 ounces of pot is a class E felony, and over 16 ounces is a class D felony. This is not legal advice, and neither creates nor implies an attorney-client relationship.

1 lawyer agreed with this answer

Can the police remove from my home and question my 17 year old son without my consent.

It depends. Did they enter your home to get your son? Did they have an arrest warrant? Did someone let them come in? An experienced defense attorney is going to need to go over many more details with you and your son before being able to provide an answer to your question. In general, the police can't go into someone's home to make an arrest unless they either have consent to go in or they have an arrest warrant. From what you say, it sounds unlikely that they had an arrest warrant....

2 people marked this answer as helpful

I am looking for a way out of a conspiracy charge.

You should sit down with your lawyer and ask these questions of him or her. It may be a situation where your lawyer actually is doing all that ought to be done, even though it may seem otherwise. If there are things that you want done, or information you want to get, then you should make sure your lawyer knows what you want. Communication is important, both from the lawyer as well as from you. With respect to your options -- either taking a plea or fighting the case through trial -- those...

1 lawyer agreed with this answer

My son was charged with a class E felony for downloading child pornography what is the sentence does he need a paid lawyer

Defending child pornography cases can be very tricky, and can require not only the lawyer's time but also the work of various experts. This can be very time-consuming, which means expensive, if you're using a paid lawyer. There are lots of issues to deal with -- was your son the one who downloaded it for real, did he know he was downloading it, did the cops have a search warrant, can the video be suppressed, is there more evidence (there usually are lots of images in these cases, not just...

2 people marked this answer as helpful

Is unlawful speedometer a moving violation in new york

This is an equipment violation, not a moving violation. New York police officers sometimes issue a "broken speedometer" ticket like this instead of a speeding ticket, intending to give the driver a bit of a break.

2 people marked this answer as helpful

Marijuana=my property, not dangerous contraband?

If it's illegal to possess, what makes you think the prosecutor would give it back to you to... you know... possess? Perhaps the wiser course of action would be to leave well enough alone. This is not legal advice, and neither creates nor implies an attorney-client relationship.

1 person marked this answer as helpful

How can I go about getting a violation of disorderly conduct expunged in New York?

It's not really "expungement," which is erasing the conviction from your record. It's more of a "sealing-plus," where the case is sealed so the conviction doesn't appear on a standard rap sheet, and the evidence is either destroyed or returned to you. But the conviction can still be seen by prosecutors, cops, probation, parole, etc. See CPL section 160.55 for the details (link: http://codes.lp.findlaw.com/nycode/CPL/TWO/H/160/160.55). To get this, your attorney makes a motion, giving the...

1 person marked this answer as helpful