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Yvonne F. Garbett
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Yvonne Garbett’s Answers

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  • My son 21 received community service for a shoplifting charge. Now I find out he did not finish the service and failed to appear

    Case is in Airmont NY.

    Yvonne’s Answer

    You should have him contact his attorney ASAP so they can arrange to voluntarily surrender himself.
    The court will not be happy if he has not done any of his community service hours. Technically he could be resentenced and subject to additional penalties. Contact your attorney asap.

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  • How much time will my boyfriend get?

    Where to begin...??? The guy i have been seeing since october was arrested friday for a warrant out of poughkeepsie. he has been on the run from the cops for over a yr. When i did some investagating after he was arrested i guess he was arrest...

    Yvonne’s Answer

    If it is still pending as a misdemeanor and they have not file Bailjumping charges- he should be able to resolve the matter with counsel. It was very foolish to run. His can still needs to be evaluated by an attorney for defenses. If he's never been in trouble and he has an explanation for his absence - he should fair ok - depends on the DA. If he has a record - he will be doing some jail time.

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  • Should I hire an attorney for possession of marijuana under 50 grams and glass pipe?

    My girlfriend, friend and I got arrested for the same charges 2C:35-10A (4) -- 2C:36-2. This is our first offense ever. I would like to take the blame when we appear at court but would like to know the consequences. The reason is because my girlfr...

    Yvonne’s Answer

    You need an attorney whether it's a private or public defender. 99% of the time those with an attorney get a better outcome. There maybe something wrong with the accusatory instrument which could warrant dismissal or suppression due wrongful police action. Just stating you will plead guilty for your girlfriend although chivalrous, is VERY foolish. You have never been in trouble so you have your record to protect. A clean record has a direct correlation in your ability to get and maintain employment.

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  • I was arrested and charged with possession of marijuana(violation) and ambien(misdemeanor). What am I facing?

    I am 19 and have never been in any kind of trouble before. I am scared. Will I go to jail or have a criminal record? My mom is crying and my dad is pissed. I wish I could go back and fix this. Do I need a lawyer? My dad said I need to face t...

    Yvonne’s Answer

    You will get through this but it will take some time. You absolutely need an attorney whether it is private or public defender. You need to protect your record and limit your exposure to compounding your problems by saying the wrong thing in court if unrepresented.

    Where was the arrest was it in Rockland - if so message me or call 845-290-2492 I can give you an idea of what to expect in the particular court you were charged in. Alternatively call the Rockland Bar Association (if it was in Rockland) for a list of criminal attorneys that may be interested. Some attorneys will consider payment plans or pro bono depending on the fact pattern.

    Best of luck to you!!!

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  • Can I recant some of my statement to police b/c of a concussion?

    After an altercation with my boyfriend, my mother took me to the hospital. While I do not deny he did assault me, I was questioned non stop for hours by police. I had a concussion and was given pain killers. I couldn't think straight and while my ...

    Yvonne’s Answer

    • Selected as best answer

    You need to be very careful about how you proceed in this matter. While I can understand where you are coming from - you more likely than not signed the document "under the penalty of perjury" as per 210.45. So, you need to speak with an attorney ASAP to submit a truthful statement of what you actually recall happening on that particular date and time. The DA is not your attorney - they are the attorney with the job of prosecuting your boyfriend. Your attorney will have your interests in mind and protect you from any legal consequences of correcting your statement to the police.

    If the case is in Rockland feel free to contact my office 845-290-2492 or try the local bar association for assistance with attorneys that may be able to help.

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  • Can someone who's never had a criminal history do time when they are charged with B Felony 220.39?

    Kid tries to purchase weed when he was turned away by 23yr old guy who's had no criminal record. 30 seconds after teenager was turned away , Narcotics team raid the house of the 23yr old. They destroyed the bedroom. Only thing they found was we...

    Yvonne’s Answer

    The 23 yo needs an attorney ASAP. As the other attorneys noted there is a range in the exposure he is facing. If he has never been in trouble - he has a good chance of getting 5 years probation or a split of 6 months with 5 years probation. Was heroin recovered from the scene? Did the 23 yo have the marked "buy money" on his person when they took him into custody? Each case is very fact specific. If there is video that would help. unfortunately, his age does not insulate him from criminal liability. He needs an attorney to assist him in formulating the best defense in order to show the DA what actually went on here. If the case is in Rockland or Westchester I would be happy to give a free consultation 845-709-6230 or consider contacting the local bar association in your area for an attorney.

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  • How many years can I serve for 3 possessions of cocaine and 3 sales?

    The total was 500 dollars in 3 sales.how much time will I do in jail.no felonies in my background just misdemeanor ?can I walk out with a diversion program

    Yvonne’s Answer

    • Selected as best answer

    There are several factors not included in your fact pattern. Each case is evaluated by a District Attorney's Office on a case-by-case basis. As the other people indicated that you have a range of options From jail, probation, to a diversionary program wherein the person would get a misdemeanor with three years probation after successful completion. However, your case needs to be evaluated to get all the facts and circumstances applicable to your case. There maybe issues With the legality of your arrest, search warrant issues, evidentiary airy issues etc. My best advice is that you speak with an attorney who is specialized in criminal law In the area where your arrest took place. If you have any questions or would like to have me review your case please feel free to call 845–290–2492.

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  • How many years will my son serve with 3 seal indictments?

    My son and girlfriend got arrested with 3 seal indictments each for possession and sale of cocaine in a 3rd degree .they are in jail right now .they don't have previous criminal record.the amount of money was 500 dollars.what can happen to my son ...

    Yvonne’s Answer

    Assuming its in Rockland County, there are several ways to deal with the case. As previously stated by some of the other attorneys judicial diversion offers several options which can get a reduction, but they will need the assistance of an attorney ASAP To guide your loved one thru the process, so their chances of getting in are increased. The Programs are in high demand. There is also the option of fighting the case on its merits or negotiating out a favorable plea bargain. If both have no record, they would be looking at worst a split sentence or straight probation is a standard disposition. The first thing you should work on is getting them bailed out, so they can assist in this defense with the attorney they chose.
    If you have any questions please feel free to contact me. Best of luck.

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  • What are my legal rights if my ex-husband does not want to pay tuition.

    My ex-husband is trying to get away with not paying tuition for my 5 year old daughter with the excuse that he does not like the school I want to put her in. The reason I'm putting my daughter into that school is because she was not excepted in a ...

    Yvonne’s Answer

    Your questions requires the review of the divorce agreement, and/or custody agreement if you proceeded in family court first. You state you have joint custody but one person may have final decision making. If that is you then you can decide on where the child goes to school after consultation. If your agreement is silent as to decisions then you may need to go back to court to determine the situation.

    You should probably meet/consult with an attorney in your area to determine your rights and the best course of action. Many attorneys will do a free consultation if you call around. If you have any questions please feel free to contact me or the Rockland Bar Association for a referral.

    Best of luck!!!

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  • I was charged with Criminal possession of marijuana 5th. It's my first arrest in my whole life. Plea guilty or non guilty?

    I've never been in trouble in my whole life and now I'm charged with criminal possession 5th because I was caught with 25.5 grams of marijuana. I don't know if I should get a public defender or not because I don't really no what they could do to h...

    Yvonne’s Answer

    DO NOT PLEAD GUILTY. Apply for the services of the public defender. If you are not eligible, contact your friends, your family to help you. Many attorneys will take credit cards or payment plans, but you will need to call around in your area. You should be able to get a NON-CRIMINAL disposition with the help of your attorney, but you have to get one. Only a fool would plead guilty - you will eventually regret the decision.

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