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Daniel DeMaria
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Daniel DeMaria’s Answers

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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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  • My wife lost her appeal we dont agree with the decsion what can we do now

    my wife was convicted of criminal contempt in 1st and 2nd and endangering the welfare of a child she was sentence to 1 1/3 - 4 yrs in prison the violation was she supposedly said "I'll kick your ass" to a child while she was arguing with the mot...

    Daniel’s Answer

    You may be able to file a motion pursuant to CPL 440.10 which is the preferred way of arguing ineffective assistance of counsel because it allows a judge to consider things outside of the record. I have done 440 motions for cases such as these, know from experience that they are very difficult to win. You are not entitled to a lawyer for a 440 motion so you will either need to hire one, or your wife will have to do it herself. Obviously the odds of success are much hire if you hire one.

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  • Received a cell phone ticket when calling my dentist for emergency appointment. Please help! Court will be in Ny Queens North...

    Hello, I received a cell phone ticket in 2014 when I was calling my dentist for a emergency appointment. I was in excruciating pain and called my dentist to ask if I can come in right away. I was pulled over by the NYPD and asked why I was...

    Daniel’s Answer

    You should contact one of the lawyers from your state who have answered your question. We are now allowed to tell you whether we are available unless you call us directly, but if we answered your question chances are we are available. As someone else mentioned, you will need a copy of your cell phone bill and things such as website print-outs showing your dentist's phone number, as well as perhaps his business card. You don't have much time to get this all together, though if you need more time, you can likely get an adjournment on 02/20.

    Good luck

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  • A friend was arrested for perjury no bail 3mo 4 days ago still no court or any answers. Is there a time frame for next courtdate

    He was charged with 2 counts of perjury in Federal court in NY. He was put in jail with no bail and still has not had another court date. He was given a court appointed lawyer whom he has not even met yet. He has been in jail for 3 months and 4 da...

    Daniel’s Answer

    It sounds as though he may need to hire a lawyer. Hiring a lawyer may be a lot more affordable than you think.

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  • Do I have to pay a civil demand from Urban Outfitters?

    I attempted to shoplift two bracelets and a book. One of the "detectives" that stay in the store caught me after I walked out and brought me back into the store. I am 16, and no police were called. They took down my address, name, phone number etc...

    Daniel’s Answer

    I too advise my clients not to pay and they have never been sued.

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  • I have dismissed criminal charges in two separate cases in New York State, and I am wondering if these charges can be expunged?

    Charges were flat out dismissed, with no adverse adjudication. I want them expunged, but don't know if NYS allows expungement. If they do, how would I go about getting that done? Also, how much will this process cost, or can I do it myself?

    Daniel’s Answer

    There is no expungement in New York. You would have an arrest record, but the record would show that all charges have been dismissed. You may be able to get a Court Order to seal the record though, which would require that you or your attorney file a motion with the court where the charges were filed. If the court approves your motion, it will be entered into record. When the court enters the order for sealing, the clerk will inform you, as well as the New York State Division of Criminal Justice Services and all records will be sealed.

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  • Can i be taken into jail when im out on bail

    im out on bail for a misdemeanor can i be taken back into jail before sentencing if the judge thinks im using drugs or not attending my groups . btw im not ordered to go to groups by the judge i just let him know that i was attending some he never...

    Daniel’s Answer

    As long as you were never ordered to go, and it's not a condition of bail, the judge wouldn't throw you in jail. But, it could adversely affect any plea you might receive.

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  • What happens if you are pulled over in new york with gun ???????

    my ex was arrested in new york for have a gun. he when to court and got a bail bond .he got out three days later. He is a Atlanta, Ga resident. will they let you go home ? is there any type of probation ? what happen if he start travel with ...

    Daniel’s Answer

    As long as he does not miss any court dates, he should be allowed to travel. In my experience, it is rare for a Court to forbid someone from travelling while the case is ongoing (as long as no court appearances are missed) but he should contact his attorney and the court to be sure. Also, he is likely facing a 3.5 year minimum if convicted, so you need to get him a good lawyer asap

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  • Extradited on cps7

    i am in florida and i have a warrant in ny for a cps7 misdemeanor drug charge will monroe county come and pick me up from florida for such a small charge?

    Daniel’s Answer

    Yes they can come pick you up, but it is very unlikely. I had a client arrested in Boston recently who was facing 1st Degree Robbery Charges in NY and NY wouldn't extradite him, so he was released in Boston. You will eventually have to deal with your case though, so you should take care of it asap.

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