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Peter E. Brill
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Peter Brill’s Answers

6 total

  • Who can drop charges of a sexual offense against a minor?

    A father accused me of sexual communication with a child (13 years). Myself, the boy and the mother have refuted the claims. His dad has begun to think he was wrong. They are currently in the investigation phase. His mother and the boy want the ...

    Peter’s Answer

    Initially, in New York there is no crime with this name. So, hopefully this is posted in the correct state. The previous answer is correct, to the extent that you should have a lawyer and that the government is the only entity that can determine not to move forward with charges at this stage. However, there are things you can do to encourage that process to move in the direction you want. All parties should make it as clear as possible that they do not want the matter prosecuted. The rest should not be discussed outside the bounds of an attorney-client relationship. Good luck.

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  • Is it possible to win an appeal against NYPD who did not hire me because of an undocketed arrest 12 years ago?

    I applied for a Police position, and during my background check I was told by my investigator that I was arrested in 2000. In 2000 I was taken to the police station in cuffs, I was 7 months pregnant and was told by the officer that I was not under...

    Peter’s Answer

    • Selected as best answer

    The below answer is not actually accurate. There is an established appeals procedure for denial of a civil service position in New York City, including as an NYPD officer. We handle these appeals all the time.

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  • Third speeding ticket in 18 months in ny

    i am a 19 year old new yorker and i just got my third speeding ticket in 18 months i am wondering is my license going to be suspended and if so will i be eligible to get a restricted license to get to work and school

    Peter’s Answer

    The third speed in 18 months will lead to a suspension unless the judge at the DMV hearing chooses not to suspend. Therefore, you should plead "not guilty" on the ticket and attend the hearing when it's scheduled. You should then ask that the suspension not be imposed. Going with an attorney may improve your chances. Odds are that you can get a restricted license even if you are convicted.

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  • I have to go to court for an old warrant from 2002,whats going to happen?

    i was stopped for drinking in public and an old warrant from 2002 pop up that i thought was resolved,it was for a assault charge.

    Peter’s Answer

    Go with a lawyer. You may have bail set on you if you can't adequately explain where you've been for 7 years.

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  • What is the legal termination process for NY? Is there a process that must be adhered to?

    I want to find out if a termination that was carried out was lawful or not and whether it is worth pursuing?

    Peter’s Answer

    There is no formal termination process in New York, which is an employment "at will" state. Unless the termination were for discriminatory reasons (age, sex, race, etc.) or you had an employment contract, I'm afraid you're out of luck. Sorry.

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  • Petit larceny

    I was arrested for petit larceny and the merchandise was a total of about 74.00 I have to pay back 5 times the amount to the store. I have a court date coming up, do I need a lawyer. What kind of punishment would I get? Should I plead not guilty ...

    Peter’s Answer

    In most places, including Nassau or Suffolk County, you will need an attorney to go to court with you. However, the requirement that you "pay back 5 times the amount to the store" is not part of your criminal case. The store hires lawyers to try to collect that money. You have no obligation to pay that money unless you are sued by the store; on the other hand, you might want to pay it to avoid future lawsuits -- always consult with an attorney when making these decisions.
    As to the criminal case, you always enter a "not guilty" plea on your first court date. You then have the right to proceed as if your case was going to trial, or to work out a plea bargain for a lesser charge. If you choose to make a deal, you will most likely have to do some community service and pay a fine and some court costs to receive a plea bargain offer that will not give you a criminal record.

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