Skip to main content
Daniel Adam Hochheiser

Daniel Hochheiser’s Answers

197 total


  • What happens if i made a domestic police report and dont wanna follow through or have the other person arrested

    i called the cops on my partner due to a arguement that got heated and physical between the both i had a few drinks in me and told the cops things that were a bit extreme i dont want him to get arrested over this it just happened detectives have n...

    Daniel’s Answer

    Once you make the complaint to police, the police will decide whether to make the arrest. After the arrest, your partner will be arraigned before a judge. Between the arraignment and the second court date, an assistant DA will be assigned. You can make your wishes known to the ADA but it is then up to the DA whether to pursue the case or not. If you signed a domestic incident report, the DA can proceed to trial even if you do not cooperate.

    See question 
  • Is it legal to leave a 15 year old home alone for 1 week with no adults?

    I am asking if it's legal and nothing more.

    Daniel’s Answer

    I think it is illegal. The parent or guardian could expose themselves to a criminal charge of endangering the welfare of a child and I suppose a civil action for neglect.

    See question 
  • Suing a gym or fitness centre?

    Hello, I now have lower back problems after suffering an injury on a leg press machine that has missing grip handles. As i was performing the exercise i needed something to grip on for support, but since it is missing grip handles on one side it ...

    Daniel’s Answer

    You may have a case, even assuming you were partly at fault for using the equipment knowing of the defect. Have you been treating with a doctor? I recommend you see a physiatrist and consult with a personal injury attorney right away.

    See question 
  • Shoplifting penalty

    I was arrested for shoplifting and got a ticket. Next month i have to go to Court. I am international student and was never been arrested before. I am very sorry for what I did and wonder to know what penalty i will get from Court. I need your con...

    Daniel’s Answer

    I recommend you hire a criminal defense attorney to represent you. Most shoplifting cases can be resolved with a non-criminal disposition. If you can't afford an attorney the court will appoint an attorney for you. Where were you arrested?

    See question 
  • What are the consequences to unlawful possesion of a controlled substance in the 7th degree

    nver arrested blew a .08 in suffolk county new york-cop found a pill in the inside pocket of my car door and asked if it was mine -i said yes because i was nervous -but know i know its not mine and i need to know what can happen with that charge

    Daniel’s Answer

    Sounds like you have a good chance at a DWAI (violation) to cover both charges. By itself possession of one pill (assuming it is a controlled substance) is a class A misdemeanor technically punishable by up to one year in jail. Practically speaking, the one pill by itself is probably worthy of an ACD. I suggest you retain a criminal defense attorney to negotiate a non-criminal disposition for you.

    See question 
  • What is the penalty for assault in NYS if this is not your first offense and you have a warrant out for a prior assault.

    My brother was arrested last night . A few days ago he hit a man in the corner store, my brother claimed that the man said he was stealing from the store. I know my brother was wrong,(he indeed did steal something) I just want to know what the pos...

    Daniel’s Answer

    It sounds like an Assault 2nd Degree (D Violent Felony) punishable from 2 to 7 years state prison assuming your brother has no prior felony convictions within last 10 years.

    See question 
  • Help Please. Shoplifting Case!

    Help Please. Mistakenly assumed for shoplifting. but no avail. security gaurd took me in back side and took my photo social, etc, and fill from and give me 2 form for sign and told me i am banned for 7 years and after that let me go. No police wer...

    Daniel’s Answer

    If you were not arrested at scene of crime or given a desk appearance ticket, you are most likely in the clear in terms of criminal liability. I would not worry about this further, unless you are contacted by law enforcement which I think is unlikely given the circumstances described. If you are contacted by law enforcement you should contact a criminal attorney immediately to protect your interests. Stop crying - sounds like nothing will come of this situation.

    See question 
  • How can i drop a criminal temporary restraining order?

    my child father got arrested 4 days ago for abuse. He was released on his own terms with a 3 months restraining order but i would like to drop all charges im 5 months pregnant and i we both need each other to be there for our baby. How do i go abo...

    Daniel’s Answer

    If you are the complainant, you can call the Assistant District Attorney assigned to the case and tell the ADA you want to drop the case. If you can't get relief from the DA, you could hire an attorney to advocate for your position. In any event, the decision whether to pursue the case or not belongs to the DA. Also you may wish to ask the DA if the DA would consent to a limited order of protection instead of a full order.

    Good luck.

    See question