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Daniel DeMaria
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Daniel DeMaria’s Answers

630 total


  • Can a criminal defense attorney guarantee dismissal of a case?

    My husband's attorney has guaranteed dismissal of a criminal case. His words exactly were, "the criminal case will be dismissed on the next court date". The long and short of it is, this case was commenced about a month ago, and the felony complai...

    Daniel’s Answer

    No, but he can tell you he is very confident the case will be dismissed barring any material change or information unknown to him.

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  • Should I appeal??

    I was charged with 9 counts of Misd. I was convicted of 1 and fined $150.00. I believe I can get the conviction overturned on appeal. I acted pro se for 3 years of motion practice and a full jury trial. It will cost me $1500.00 for the trial trans...

    Daniel’s Answer

    You now have a misdemeanor conviction on your record so that may be reason enough to appeal. You won't be able to recover any of your costs though, but based on your income you may qualify for a free transcript.

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  • Will this yellow MTA ticket stay on my record?

    I got a yellow ticket today because i went through the turnstile and was fined $100 will it stay on my record if i pay it?

    Daniel’s Answer

    Yellow tickets are not criminal. You should be fine.

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  • My daughter has 9 counts of petit larceny.

    what does this mean as per jail time? she had 9 warrants and showed up at court finally. her next court date is next month. also what do the "parts" mean? there are 3 different parts

    Daniel’s Answer

    It is hard to tell you how much time she is facing without knowing a lot more details - does she have a criminal record? Is this her first offense? What did she steal? Don't answer this online, but call a lawyer for a free consultation to discuss it in detail. Usually there are different courtroom parts (at least in bigger cities, like NYC) - one part is only for arraignment for example, one might be for domestic violence, one might be for trials, etc.

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  • Is it possible for me to leave the state while on probation through airline without getting caught?

    I plan to go for a week and my case is Y.O and sealed. I plan to take a flight to florida and back. My P.O has no clue that im planning a mini vacation.

    Daniel’s Answer

    Do the conditions of your probation allow you to travel? If not, it would be a foolish thing to do because you'd b in a lot of hot water if she finds out. Moreover, she would probably give you permission if you ask her as long as you're doing well on probation..

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  • What happens to someone's criminal record after they change their name?

    What happens to someone criminal record after they change their name?

    Daniel’s Answer

    You would still have a criminal record because it is tied to your fingerprints, not your name. It could help you though in terms of people Googling your name, if there are bad articles about you. It may also make it more difficult for employers to find out. Good luck

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  • Do I have to be afraid?

    I am 13 years old. For the last 2 days I am talking with a 18-year-old from England, and I am in Greece. Anyway, I made a kik account so we could chat and I sent him a photo of me (only the face). I have seen many photos of him and he said that he...

    Daniel’s Answer

    Based on what you've written you don't have anything to worry about in terms of criminal charges. You need to be careful on the internet though and should probably talk to your parents about your Kik account and your concerns. Good luck

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  • Does an armed felony offense have to be brought to the grand jury?

    Can an armed felony offense be reduced? Or does it have to go to the grand jury?

    Daniel’s Answer

    yes, unless it gets reduced which is unlikely given the fact a gun was involved.

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  • What happens to me if I was in a car with someone who possessed weed?

    It's his vehicle, his weed, and he claimed it when we were pulled over. I agreed to help bust his supplier so that the charges would be dropped. We went home. The supplier doesn't sell weed anymore (terrible coincidence). I have never done drugs, ...

    Daniel’s Answer

    On the first court date you will just be given a copy of your charges and enter a plea of not guilty. You should hire a lawyer before then, though you can get one appointed if you don't have money to hire one. As to whether you are going to get convicted a lot more facts are necessary but if Tennessee has constructive possession (which means everyone in the car is responsible) you could be in trouble. If this is your first "offense" it could go a long way to getting you out of trouble. You should contact on of the lawyers from your state who answers this question. Good luck

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  • My fiance was arrested & they gave him a public defender who would have her information, name organization she works for?

    he was arrested on an FTA for a DUI the public defender came and met with him at the jail would like to speak to her but don't know how to find out who she is? Who at the jail/ courts would I call?

    Daniel’s Answer

    you can also contact the court, as they would know who appeared for him and their contact info. goodluck

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