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Yvonne F. Garbett
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Yvonne Garbett’s Answers

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  • Being charged with petty larceny and got sent a settlement letter asking me to play $240. What is the best thing to do?

    I got fired from my job at babiessrus last week on for theft. I redeemed gift card COUPONS that are free and available to anyone without cost through magazines, doctor's office, in-store. I had 4 of these coupons and rung them up myself at a regis...

    Yvonne’s Answer

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    I agree with the previous posts in that I don't believe you should pay the civil demand at this time. I generally will contact the attorney or the company for my clients. The District Attorney's Office does not care about the civil demand payments and it will not have any bearing on your case in their decision on how to prosecute. Your statement that you would pay the civil demand before leads me to believe you may have been charged before albeit maybe not convicted, so you need take this case seriously because the outcome of the case can affect your future. Feel free to contact me at 845-290-2492 if I can answer any questions. If it is the babies-r- us in Nanuet your jurisdiction would be Clarkstown. I used to be the ADA in Clarkstown so I can give you an overview of what to expect.

    Best of luck!
    Yvonne

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  • How long can aperson be held in jail with out being indited on the charges they are being chafed with

    They have been in jail for 6 days and have not had a prelemanary hearing

    Yvonne’s Answer

    The DA needs to indict or hold a preliminary hearing on a felony matter within 120 or 144 hours if a weekend comes into play. Misdemeanors can be held longer if the accusatory is sufficient, but reasonable must be set. I presume you are referring to the felony. If the defendant or his attorney waived the preliminary hearing or indictment then he/she could be held until disposition but the attorney can request reasonable bail. If the person has the appearance of two or more felonies then only a county court Judge can set bail. Hope this information helps and feel free to call if you have any specific questions resulting here from.

    Yvonne Garbett
    3 Eberling Drive
    New City, NY 10956
    845-290-2492
    Www.garbettlaw.com

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  • Facing a violate of probation for non-payment of restution will i go to jail.Other then this i have been a model citzen.

    Im a full time college student,and i will have the money to pay this next month will i have time?Other then this i have been a model citzen.

    Yvonne’s Answer

    The Judge will not be happy, but your attorney will be able to advocate that you are doing everything else you are supposed to be doing. You're in college, full-time and have financial difficulties - the court should give you more time to pay or you can request that the restitution be converted to a civil judgment but that would effect your credit, so speak with your attorney about that and if your jurisdiction would even entertain such a thing.

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  • False accusations of selling sick dog..

    animal cruelty false accusation

    Yvonne’s Answer

    Your post lacks pertinent information - have you been arrested or contacted by the authorities? Is the person you sold the dog to accusing you or demanding their money back or have you actually been charged? You should speak with an attorney to get a better understanding of your rights to best protect yourself. Speak only to an attorney then proceed accordingly - informed. If I can help please feel free to contact me. Best of Luck!

    Law Offices of Yvonne Garbett
    3 Eberling Drive New City, NY 10956
    P: 845-290-2492 F: 845-709-6231
    Garbettlaw.com

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  • 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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