I will assume you are asking this question as a hypothetical, as one should never admit to wrongdoing in a public forum such as this. So, assuming hypothetically, that someone did the things you mentioned above... I have had clients charged with doing similar things and have seen them charged with an E Felony; however, that does not mean the individual in your hypothetical, above, would necessarily be charged with same.
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Although it sounds as though the search may have been improper, the case may be able to resolved without having to reach that issue. However, since you indicate that you had a prior marijuana related arrest, it is unlikely that you would be eligible for a marijuana ACD. Best of luck,
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At arraignment, the judge will decide whether to set bail based on the individual's community ties, flight risk and the seriousness of the offense charged. That's "the rule," but lately I've sometimes seen otherwise. Thereafter, in a felony case, an individual will appear for his or her Supreme Court arraignment, if indicted. At that time, the prosecutor often asks that the court set a higher bail because now that the individual is indicted, they are more likely to flee. Ultimately, the judge...
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Based on what you have written, it seems as though your employer may be violating the Fair Labor Standards Act (FLSA) and New York Labor Law (NYLL). Please feel free to call me tomorrow afternoon if you would like to discuss your situation further. You may also browse my website at www.flsanewyork.com
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You were not taken to a police precinct and fingerprinted or photographed, so you were not arrested. As for the guard's accusations, they are merely that - accusations, and are nothing to worry about. Stay out of the store for seven years and sleep well. Best of luck.
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I have seen this charged as a Class E Felony, falsifying business records in the first degree. You should not make any more statements to a DMV investigator without an attorney. Best of luck.
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Go to the court that you went to when the case was active. You will need to get a Certificate of Disposition which will indicate the outcome of the case. The Certificate of Disposition will cost you $10 and you may want to get two, for a total cost of $20; one to provide your employer and one for your records. You can save $10 by just making a copy of the original provided to you, but the original will have a raised embossed seal. If any other potential employer raises the issue with you in the...
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Criminal Possession of a Controlled Substance in the 7th degree is a Misdemeanor in NY, while a "sale case" is likely a B Felony charge. Based on your submission, I'm not sure which you are being charged with. Police routinely arrest multiple parties in or around the area where the alleged crime took place. A good criminal defense attorney can bring these issues to the attention of the handling ADA pre-trial for a dismissal or favorable plea bargain; or to attention of the jury as fact finder,...
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A civil suit against the City and/or NYPD is usually only available when there is wrongful "police action;" if the arresting officer reasonably relied on a third parties' account of what transpired, there would likely not be a viable claim against the City/NYPD. However, you should seek a second opinion in this regard. The criminal charges lodged against your son should be the first priority. Retain competent legal counsel and based on the outcome of the criminal case, you can decide...
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Because there is both a family court and criminal court matter pending, both matters are now before one Judge in the Integrated Domestic Violence Part (IDV) so that one Judge sees the "whole picture" so to speak, as both matters are heard by the court; and this principle has been upheld by a higher court. In a domestic violence criminal case, the complaining witness (which is you in this case) is not the only one with an interest in the matter; the "People of the State of New York" also have an...
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