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Yvonne F. Garbett
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Yvonne Garbett’s Answers

85 total


  • Is dating a girl 5 years younger than me considered rape?

    I am 20

    Yvonne’s Answer

    If she is 15 and you are 20 - she can not consent to the sexual relations even though she may be head over heels in love with you. There are many factors involved in such a case and the Rockland District Attorney's Office routinely prosecutes cases such as yours. You should speak with an attorney in detail ASAP so you are prepared in the event you are arrested. Best regards, Yvonne Garbett

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  • I was pulled over, let go and was told to set up dealer i was trying to get from (which i didn't that day) on another day, do i

    I was trying to buy drugs to be honest, but didn't conduct a transaction. An undercover was watching me apparently, and i had a feeling i was being watched so i told the dealer forget it when he came up to my car, and he went his way, and i left. ...

    Yvonne’s Answer

    That is ridiculous was they are trying to do to you. If you didn't buy anything you committed no crime and when they searched you they didn't find anything, so what would they charge you with? Possibly a traffic infraction but they shouldn't charge you with anything- I wonder if they even had probable cause to stop your vehicle in the first place but that is very fact specific. If they persist I would consult with an attorney and let the attorney warn them to stop harassing you. Was this a Rockland Taskforce case or was it a uniformed police officer?

    Ok best of luck to you...if you have any further questions feel free to contact me 845-290-2492.

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  • I violated 5yr felony probation with unlicensed driving. I haven't shown up to probation in 6 months, how much time am I facing?

    I have youthful offender status. Original charge was Criminal procession of a weapon in the 3rd. I was on ISP probation. I only done 8 month of my probation. I already violated 2 times before on the same issue as stated above (unlicensed driving)....

    Yvonne’s Answer

    Your maximum amount of time as a Felony plea is reduced to an E Felony for a YO is 1-1/3 to 4. It would depend on what was causing your violations and the specifics....you may be able to negotiate something wherein they would allow you to get into a program if its substance abuse related.
    Being that you already had two violations what is causing your license to be continued to be suspended, is it alcohol related? Is your PO refusing to allow you to get your license? Was there any mitigation to why your were driving. Either way, you need to get in touch with your prior attorney on the matter or hire new counsel and get to working on a strategy to limit your expose. The more time that you play ostrich and abscond .....the worse it is going to be!!!

    Best of Luck to you!!!

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  • Does shoplifting goes in your record for 102 dollars? Can I get citizenship after this?

    I went to the mall with 2 friends, at jcpenny in ny , each person took 1 thing average of 35 dollars, but the store detective said we all are charge for the same amount for association, he made us sign papers before he wrote the amount, called th...

    Yvonne’s Answer

    You need an attorney asap, so speak to your family to see if they will help you with your legal fee's or get to the public defender's office to see if you qualify for a free attorney. The loss prevention officers routinely (especially if this was the Palisades Center from your locale) get people to sign an admission and no trespass warning. Do not speak to anyone about this other than an attorney. If you have no record an attorney will be able to negotiate an ACD or a Disorderly Conduct violation with sentence parameters. It will be important to show the DA that you have many positive things going on in your life and this was an absolute mistake and not likely to happen again. Thus, your nursing program, grades etc can come in to play to help you. The immigration issues need to be discussed in detail, so you know how to answer when they question this arrest. I wish you the best of luck and if you have any specific questions from this please feel free to contact me for a consultation 845-290-2492.

    Best of luck!
    Yvonne

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  • With one prior which resulted in an ACD and a current charge of 165.40/155.25 what are my chances of getting another ACD

    Last year around Feb was when i got arrested and now im arrested for the same thing. The catch is that I believe i got an ACD so that means i dont have a record which means this would be like my first offense right?

    Yvonne’s Answer

    Anything is possible! You have not even given any factual explanation that may negate a charge. The DA in Spring Valley is tough but a gentlemen - he gives chances! So, you are not stuck by any means with a criminal disposition - the judges are great in spring valley - so you are in luck! b
    Call me if you want or need a more detailed response! 845-290-2492.
    Best of luck!
    Yvonne

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  • Arrested for shoplifting while on probation for shoplifting, what can happen?

    I am on 2 yr probation for termination of drug court and have been doing great this far but I just had a 2 month old with a heart condition so after seeing this camera that I can set up in my home to register on my smartphone. I wanted it so badly...

    Yvonne’s Answer

    You need a criminal defense attorney immediately to start doing damage control. It really depends on your probation officer and their office policy on whether or not they will violate you for this new arrest. Some offices wait till you actually have a conviction while other offices file a violation of probation merely upon a rest. Hopefully you have not violated any of the other conditions of your probation and this is not the last straw for your probation officer whose monitoring you. If your probation and new charge is in Rockland County, give me a ring at 845-290-2492 and I can give you more detailed analysis of your case specific to who your judge is and PO based on like cases I have had.

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  • Is mental illness

    a mitigating circumstance in crimes such as robbery of the first degree?

    Yvonne’s Answer

    It can be but it's fact specific analogues against the circumstances of the alleged crime. If the charge is out of Rockland County, I can give you a little more court specific info. If you have any questions - my number is 845-290-2492.

    Best of luck to you!
    Yvonne

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  • I had a phone conversation with my son's father and I was yelling. I was also being harrassed by his girlfriend,

    Also we recently finished a court case because he had committed a domestic violence act on me. However, I agreed to joint custody, the agreement states that I am the custodial parent and there is no set visitation schedule in the order. We weren't...

    Yvonne’s Answer

    You need to defend the ridiculous charge against you unfortunately! The charge maybe insufficient if it doesn't allege a course of conduct or threats. The ADA in Spring Valley (assuming its there) is very reasonable and would be open to looking at the big picture!

    Further you need to proceed in family court to get address the custody situation if you can not effectively co -parent together. Regarding your ex's girlfriend harassing you - I would need to hear the specific facts surrounding that but maybe you should document and file a charge on her if warranted.

    Feel free to contact me if you want to run the case by me in detail 845-709-6230!

    Best of luck to you!
    Yvonne

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  • Drug Possession - NY

    My loved one was arrested for drug possession (NY first time) and offered outpatient drug rehab to attend 5 times per week until the counseling center deemed necessary. Of course after 6 months they had a relapse and stopped attending and now ...

    Yvonne’s Answer

    Hi - it doesn't say where your friend was arrested. As the others have answered it's very judge specific. The road to sobriety is not free of speed bumps and most judges know this. Your post is New City so if the arrest was in Rockland County,give me a ring on Monday and I'll give you a quick synopsis of what to expect 845-290-2492. Obviously this is fact specific and is dependent that we actually have all the facts!!

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  • What will happen after I got a civil demand letter

    I am 20 years old.I got caught shoplifting at Walmart in new York.I am very embarrassed in what I did.This was the first time I ever did this.I stole about $130 worth of makeup.I also bought from the store $50 worth of merchandise.After paying I w...

    Yvonne’s Answer

    Chances are they are not going to prosecute you - if you haven't heard anything as of yet. Their normal procedure is to call the police and issue an appearance ticket for court. Paying the civil demand has nothing to do with your record. You probably signed an agreement not to return to the store - best to abide by that or they could charge you for trespass and the old charge is the limitations hasn't run.

    So, you basically paid them a ton of money for merchandise they never lost but they try to collect for their cost of security which is ridiculous in my opinion - most attorneys would advise you not to pay it but it should not cause you an problems.

    Good luck to you and it sounds as if you learned your lesson!
    Yvonne

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