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Daniel DeMaria
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Daniel DeMaria’s Answers

637 total


  • What do I do?

    I'm 23 years old. I was caught shoplifting at Price Chopper. Loss Prevention took me into a room. Had me give them what I took out of my purse. Loss prevention officer said he seen me on camera. They took $30 worth stuff including gauze, milk of m...

    Daniel’s Answer

    It is possible you will be arrested, though unlikely. There is no sense in getting a defense attorney at this point, especially since you don't have money - but on the off chance the police contact you make sure you do NOT say ANYTHING at all without an attorney. But at this point I think you are safe.

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  • Can I get my breath test suppressed?

    I took a breath test and only got a report of the one test but in some states aren't 2 required? Also the ref standard value was .10 shouldn't that be .8?

    Daniel’s Answer

    Suppression is based on showing the breath test was TAKEN contrary to your constitutional rights - i.e. they had no reason to pull you over, etc. What you are talking about is not suppression, but it is an issue for trial - either cross examination of their officers, or for your expert (if you get one) to explain to jury.

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  • I was speeding in high way (69/55) and I got a ticket 1180D. The officer asked me to mail it ASAP and plead not guilty.

    Want to ask what will happen next.

    Daniel’s Answer

    the court will send you a date for a pre-trial conference where they will likely give you a better offer than what you are charged with. Just wait for the court's letter.

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  • In July I accidentally hit a woman in the face with a cheese shaker. I was arrested and charged with assault with a weapon in NY

    I moved to Fl in August. The criminal case is being heard in city court in ny, and charges will most likely be brought down to the minimal. She has also tried to press charges in county court, that was dismissed. now she is taking me to small cla...

    Daniel’s Answer

    Unfortunately you need to travel to New York for small claims court unless you get a lawyer to appear for you. Maybe you can time it so both the criminal case and the small claims case are heard on back to back days, that way you only need to go once instead of twice.

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  • International student with "Allowing Use of License" ticket - Help Please!

    On halloween i was purchasing liquor at a liquor store in New York State and i was questioned about the validity of my international ID (It's an international ID from Ethiopia, that says i'm 27 due to the use of different calendars) However, it al...

    Daniel’s Answer

    If you are certain that Ethiopia really has a different calendar, and that your ID is 100% legitimate in Ethiopia, and that it is verifiable information, then I would tell the judge just that. And of course, that is assuming your ID was really made by whatever official branch of Government makes ID's in Ethiopia. Good luck.

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  • Is it legal to date someone 18+

    Is it legal to date someone 18+ if you're under 18 and not having sex

    Daniel’s Answer

    How old is the other person? And, it is very important that the younger person not take any naked pictures, or that could result in the older person being charged with child pornography which is a very serious offense.

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  • Should we hire a criminal lawyer or contact parole directly?

    My husband violated his parole. He was arrested for petty larceny and released on bail. He did not check in with parole after bring released. Parole issued a warrant for absconding. He was taken into custody after a few weeks on the run on 8/11/15...

    Daniel’s Answer

    I strongly suggest you hire a good criminal lawyer.

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  • How does the federal point system work?

    Let's say an inmate has 22pts how much time are they looking at for drug related charges?

    Daniel’s Answer

    To answer your question one would need to know the base offense level for the offense (which would depend on quantity, type of drug, etc.) as well as the person's criminal history, and whether there are any mandatory minimums and whether the person is a career offender and/or whether the Gov't would file a prior felony information. Contact a lawyer to discuss further.

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  • What are the consequences of driving with 30 day TEMPORARY TRANSIT PLATE ISSUED BY THE STATE OF PENNSYL. for more than a month?

    Hello, My friend recently purchased a vehicle but since he is a new driver in New York his insurance quotes were unpredictability high. He decided to move to Pennsylvania and at the same time register and insure the car there. But could not im...

    Daniel’s Answer

    These plates do not sound legitimate at all. Your friend could face a very big fine, maybe even jail time, which will cost a lot more than simply getting insurance/registration would.

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  • Seek legal counsel for a pending case may need an attorney

    I was arrested for smuggling Drugs into a prison I was not in possession of Drugs but was informed of my criminal history that they construe as prison priors and face three years in prison. I work and was merely a passenger of the vehicle getting ...

    Daniel’s Answer

    This is not a federal case. You need a state court lawyer. You should contact a lawyer from your area which you find on this site and see if they will work with you on payments, or you can use the public defender. Good luck.

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