Daniel Adam Hochheiser’s Answers

Daniel Adam Hochheiser

New York Criminal Defense Attorney.

Contributor Level 12
  1. Can you leave the state while in an ACD dismissal?

    Answered about 3 years ago.

    1. Daniel Adam Hochheiser
    2. Eric Edward Rothstein
    3. Richard C. Southard
    3 lawyer answers

    Yes as long as you comply with any conditions associated with the ACD granted by the judge. For example if you are scheduled to do Community Service you would have to keep that appointment. Enjoy your vacation.

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  2. What plea offers exist for a criminal assault case that would limit liability in a civil lawsuit?

    Answered about 3 years ago.

    1. Daniel Adam Hochheiser
    2. Richard C. Southard
    3. James Scott Polk
    4. Eric Edward Rothstein
    4 lawyer answers

    Pleading to an attempted assault is better than pleading to a completed assault, although an attempted assault conviction could still be used against you to some extent in the civil case. Menacing would probably be preferable to assault as well - since menacing and assault have different elements. If you plead guilty to a completed assault you are creating a very high likelihood that summary judgment on liability will be entered against you and the only issue left to litigate will be the...

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  3. Would my bank accounts or other assets be frozen if a warrant is issued for my arrest?

    Answered about 3 years ago.

    1. Daniel Adam Hochheiser
    2. Steven Everett Savage
    3. Eric Edward Rothstein
    3 lawyer answers

    You should hire an attorney who can arrange a voluntary surrender to the court so you can do the right thing and face the charges. As to freezing assets, unless the assets are fruits or instrumentalities, or substituted assets of criminal activity, the authorities will have no basis to freeze your assets regardless of whether you surrender or continue to hide. I strongly recommend you consult an attorney who can explain to you how you are making your situation worse by hiding as you are...

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  4. Seized property

    Answered about 3 years ago.

    1. Daniel Adam Hochheiser
    2. James Scott Polk
    2 lawyer answers

    I suggest you resubmit your question using a Wisconsin city (i.e. Madison, WI instead of Warsaw, NY) that way your question will get the attention of Avvo criminal defense attorneys in Wisconsin instead of wasting your time with New York lawyers (like me) who can't help you with this issue. Good Luck.

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  5. Can my husband reopen his case after serving the time he was sentenced?

    Answered about 3 years ago.

    1. Daniel Adam Hochheiser
    2. Eric Edward Rothstein
    2 lawyer answers

    Six years after the conviction, either his direct appeals are exhausted or he is out of time to appeal. The other option is a CPL 440 (post-judgment motion). To have a viable 440 motion you need to satisfy one of the provisions of the statute. For example, newly discovered evidence can be grounds for such a motion. The fact that he is unhappy with the sex offender registration consequence is not a valid basis to bring a 440 motion. The analysis you seek really requires consultation with an...

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  6. How many times can a police officer change a hearing date for a traffic ticket in Staten Island, NY

    Answered about 3 years ago.

    1. Daniel Adam Hochheiser
    2. Mary Katherine Brown
    3. Richard C. Southard
    3 lawyer answers

    If you explain the history of the adjournments to the judge on the next date and show some hardship this is causing you (i.e. missing work) you might get a judge to dismiss in the interest of justice if the cop does not show up on 12-8-11.

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  7. How do I go about retrieving my son's photo ID, passport etc.?

    Answered about 3 years ago.

    1. Daniel Adam Hochheiser
    2. Richard C. Southard
    2 lawyer answers

    Call the probation office's main number and ask to speak to a supervising probation officer and discuss the issue with the supervisor. If you can't get anywhere on the phone yourself, you might consider hiring an attorney to help you.

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  8. I got caught stealing $5.48 worth of merchandise from wal mart. they took my info down im also a minor. what do i have to pay?

    Answered about 3 years ago.

    1. Daniel Adam Hochheiser
    2. Richard C. Southard
    3. Steven Marc Raiser
    3 lawyer answers

    If you are under 16 you are not responsible at all for payment but your parents may be liable for an amount up to 5 times the amount taken. If you are over 16 (an emancipated minor) you are also liable for up to 5 times the amount taken. I don't believe Walmart is entitled to attorney fees under the General Obligations Law - so I think the total exposure here is about $27 worst case scenario. If and when you get a demand letter from an attorney for Walmart you can discuss the demand letter...

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  9. Hi I met my girlfriend when I was 16and she was 14 we've been together for 3.5 years currently she's 17 and in 19 can I be

    Answered about 3 years ago.

    1. Daniel Adam Hochheiser
    2. Richard C. Southard
    2 lawyer answers

    I don't think you have any criminal liability as your girlfriend was at all times during your relationship more than 14 years old and you are less than five years older than she. In any event she is now 17 which is the age of consent in NY. I have copied the text of the sexual abuse third degree statute below. A person is guilty of sexual abuse in the third degree when he or she subjects another person to sexual contact without the latter's consent; except that in any prosecution under...

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  10. How much can my bail be if i have been arrested for a 511.2 after a prior DWI conviction??

    Answered about 3 years ago.

    1. Daniel Adam Hochheiser
    2. Steven Marc Raiser
    3. Eric Edward Rothstein
    3 lawyer answers

    There are many factors which will affect the court's decision on bail: when was the DWI conviction the older that conviction the better? Have you made your prior court appearances on your prior cases or do you have a warrant history? What are your ties to the community? Prior to your arraignment your attorney can find out what the DA's position is on bail so you have an idea of the likely worst case scenario concerning bail.

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