Richard D. Willstatter’s Answers

Richard D. Willstatter

White Plains Criminal Defense Attorney.

Contributor Level 9
  1. Shouldn't the request to have state run concurrent with feds be discussed in court?

    Answered over 2 years ago.

    1. Richard D. Willstatter
    2. Robert David Richman
    3. Charles Thomas Jr.
    4. Curtis Lamar Harrington Jr
    4 lawyer answers

    You might be able to order the transcript of the state court proceeding but it is possible that the state court defense counsel made this request off the record so even a transcript might not be definitive. It sounds like the federal prosecutors took the defendant off the street and that they have "primary jurisdiction" over him. You need to consult with a lawyer who is familiar with the interplay of MS state law (assuming that is the state) and federal criminal law. I would recommend you begin...

    Selected as best answer

  2. Will pre trial diversion take me off of home detention?

    Answered 4 months ago.

    1. Richard D. Willstatter
    2. Anthony Michael Solis
    3. Raymond George Wigell
    4. Stephen F Wallace
    4 lawyer answers

    You need to find out from your pretrial services officer if your bail conditions will be changed once you have entered pretrial diversion. The bail conditions set by the Court apply to you until they are modified by order of the Court. Once the contract is presented to you, you will be told whether the government will consent to the modification of your bail conditions. Your lawyer is the best resource for the answer to this question. Every District is a little different.

    5 lawyers agreed with this answer

  3. I am a NYS Licensed Private Investigator. I would like to know how I can register as an Inv. for the NY Fed. defense panel.

    Answered over 1 year ago.

    1. Eric Edward Rothstein
    2. Richard D. Willstatter
    3. Carlos Gonzalez
    3 lawyer answers

    There is no "list" or panel for CJA investigators in the SDNY or EDNY so you cannot register as an invetigator. If you know some members of the CJA panels you can let them know you are interested.

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. New York criminal procedure, time limit for filing charges for DUI

    Answered over 5 years ago.

    1. Richard D. Willstatter
    2. Oscar Michelen
    3. Peter H Tilem
    4. Michael William Brosnan
    4 lawyer answers

    In the New York City Criminal Courts, if the police release a defendant with a "Desk Appearance Ticket" requiring him to appear on a certain date, the District Attorney should have the formal complaint drawn up and filed on that date. If the papers have not been prepared, the defendant cannot be "arraigned" which is how cases are started (by a plea of not guilty). In such circumstances, the clerk will direct the defendant to appear on a later date--usually a month later. I have found that if 90...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. What can i do if my parole officer is Harrison me

    Answered about 2 years ago.

    1. Richard D. Willstatter
    2. Christopher Jude Pelli
    3. Joseph A Lo Piccolo
    4. Benjamin J Lieberman
    4 lawyer answers

    A parolee is generally required to follow instructions from a parole officer. In general, parole officers do not favor homeless shelters for parolees who have a home. There might be a reason the officer believes provides a justification to remove you from your home. Maybe you already know what that is. If you think the officer is wrong, you could calmly explain your position to the officer and, if he disagrees, politely ask to speak to the supervisor. If you disobey, a VOP could result with...

    2 lawyers agreed with this answer

  6. Whats the difference between a private lawyer and a court appt legal aid

    Answered about 2 years ago.

    1. Richard C. Southard
    2. Benjamin J Lieberman
    3. Richard D. Willstatter
    4. John Michael Phillips
    4 lawyer answers

    It is common for court appointed counsel to fail to contact clients in between court appearances. There are private lawyers who accept these assignments just like staff attorneys with the NYC Legal Aid Society and the Bronx Defenders do. The difference is that private attorneys who take these assignments are paid by the Assigned Counsel Plan and are not employed as public defenders. When one does not have the means to retain counsel, one must depend on the court to assign counsel to defend a...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  7. Lied to by district attorney - can I appeal or withdraw the deal I took under false information?

    Answered over 2 years ago.

    1. Eric Edward Rothstein
    2. Richard D. Willstatter
    3. Maurice N Ross
    3 lawyer answers

    You can move to vacate the conviction. You need to allege in your papers (yes, it should be in writing) that the DA told you on the record that your license would not be suspended if you took the plea. However, if NYSDMV suspended your license for some other reason, you would probably be out of luck. You could ask the DA to agree that your plea should be vacated...maybe he will agree since he admits he advised you incorrectly. DAs should not give legal advice anyway. It would be easier if you...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  8. Search Warrant

    Answered over 5 years ago.

    1. Oscar Michelen
    2. Richard D. Willstatter
    2 lawyer answers

    The search warrant gives the police authority to search a particular place for particular things. We refer to this as the "particularity" requirement of the Fourth Amendment. Once the cops or agents have searched that place thoroughly, it can later be argued that further intrusions are unreasonable and exceed the scope of the warrant. There is litle you can do while the warrant is being executed although sometimes counsel can go into court to seek limits on a warrant while it is being executed....

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  9. What is a felony screening? NY

    Answered over 5 years ago.

    1. Richard D. Willstatter
    1 lawyer answer

    Every county in New York has its own District Attorney and County (or Supreme) court to handle felony cases. So there is no general rule for how such matters are handled for purposes of negotiating a settlement by way of guilty plea before indictment. It appears that the D.A. has decided to make a pre-indictment offer before presenting your case to the grand jury. Your lawyer should be fully aware of all this. If you can afford counsel, you should retain a criminal defense lawyer. If your...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  10. My mom was arrested for stating the wrong date on a police accident report what are possible consequences

    Answered over 5 years ago.

    1. Richard D. Willstatter
    1 lawyer answer

    Your Mother needs to retain a lawyer as soon as possible. If she is detained without bail, she would be entitled to have bail set. If you cannot afford counsel right away, you need to find out from the court clerk the name and phone number for the lawyer assigned to represent your mother. You need to contact that lawyer and find out as much as you can about the case. What the cops said about your mother's case might not be true at all. There probably is a felony complaint filed against your...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

914-948-5656