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Glenn Warren Magnell's Answers
- 87 Legal Answers
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2
Attorney answers:
What are the possible penalties for driving without a license in New York state
There are several different offenses that could be invovled. 1) if you have been charged with violation of Vehicle and Trafflic Law Section 509.1, (called "unlicensed driver"), this is simply a traffic violation and the maximum fine can be as low as $40 (with $85 surcharge) or as much as $300 (with $85 surcharge) depending upon whether the license had expired more or less than 60 days before the ticket. There is also a theoretical possibility of a jail sentence of up to 15 days. Any jail...
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2
Attorney answers:
How is trespassing defined under NY criminal code
There are 3 degrees of criminal trespassing in NYS (1ST, 2ND, 3RD). Only Criminal Trespass in the 3rd applies to land and not buildings. The statute, as it applies to trespassing on land, reads "knowingly enters or remains unlawfully in a building or upon real property (land)...(a) which is fenced or otherwise enclosed in a manner designed to exclude intruders." Trespass in the 3rd degree is a B misdemeanor punishable by a fine of up to $500 and up to 3 months in jail. First offenders are...
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1
Attorney answers:
Friend is being charged with leaving the scene of a traffic accident, no injuries. what is the penelty
If your friend was charged with violating NYS Vehicle and Traffic Law section 600-1a (Leaving the scene of a property damage accident), the maximum fine is $250 w/ and $85 surcharge. There is also a theoretical possibility of up to 15 days in jail, though any jail would be very, very unusual. From a driver's license perspective, this is a "3 point" offense on the NYS DMV point system. Only thing to worry about here is if your friend holds a CDL, because a conviction for this offense could...
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2
Attorney answers:
Can a disorderly conduct charge affect my employment ability
In NYS Disorderly Conduct is one of the most confusing and difficult to describe prohibited offenses. As you stated a violation is not a "crime" (misdemeanors and felonies are crimes). However, it is a prohibited action contained in the NYS Penal Law (NYS criminal code). So, one can be convicted of Disorderly Conduct and not have committed a "crime", but have violated the Penal Law (Criminal Law). Thus, a question posed as "have you ever been convicted of a crime" can be answered in the...
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3
Attorney answers:
NY criminal code, sentecing guidelines in NY for 3rd degree aggravated unlicensed operationof vehicle
It's really critical to understand what you've been charged with and whether or not you have any previous AUO convictions. In general, AUO3 (Agg. Unlicensed Operation 3rd degree-violation of VTL 511.1) is a difficult charge to prosecute in NYS. A decision from the Court of Appeals (NYS highest court) a couple of years ago has made it almost impossible to prosecute AUO3 without someone from NYS DMV being available to testify for the prosecution. Given that this is the most commonly charged...
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3
Attorney answers:
Do i need attorney Aggravated Unlicensed Operation- 3rd Degree
AUO3 is an "unclassified misdemeanor" that is usually reduced to a traffic violation (VTL 509.1) upon proof that any underlying suspensions have been cleared up. The answer above regarding "1 year in jail" as a possible sentence is not accurate. For a first offender the maximum jail sentence is 30 days. But, as said previously this is generally reduced out of the criminal offense category.
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3
Attorney answers:
How long will it take to get my record expunged of criminal charges in new york state?
There is no expungement statute in NYS. Unless your convictions are vacated you will have a permanent criminal record. The above answer does not apply in NYS.
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2
Attorney answers:
Possible consequences for suspended license arrest under NY criminal code
You've been charged with an unclassified misdemeanor (Aggravated Unlicensed Operation in the 3rd Degree), which is a crime. However, it is almost never prosecuted as such, as long as the driver has cleared up the underlying suspension. Since you've done that, when you go to court you should bring proof that your license is no longer suspended (a current abstract from DMV should suffice, along with the proof of having "appeared" on the underlying tickets). Upon seeing that proof you will...
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2
Attorney answers:
Under NY state criminal code how long does a DUI charge stay on your public abstract
If your question is: how long does a DWI or DWAI CONVICTION stay on your NYS DMV abstract...the answer is 10 years, as long as there are no additional alcohol related convictions. However, if your question is how long will a DWI (misdemeanor or felony) conviction stay on someone's criminal record...the answer is basically forever. NYS does not have an expungement statute, so criminal convictions never really go away. DWAI-alcohol (VTL 1192.1) is not a criminal offense (it's a traffic...
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1
Attorney answers:
In 1997 arrested for possession of controlled substance and pled guilty to disordely conduct it wil be ok to apply citizenship?
Assuming your conviction for Disorderly Conduct was in NYS and you have no criminal convictions (Disorderly Conduct is a violation, not a misdemeanor crime or felony) and it was more than 5 years ago, it should not present any bar to being granted citizenship if you are otherwise eligible.
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