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Yvonne F. Garbett
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Yvonne Garbett’s Answers

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  • I was charged with 240.30 (2) Aggravated Harassment in the 2nd degree sub code (2). I read sub code (1) was unconstitutional

    2. Makes a telephone call, whether or not a conversation ensues, with no purpose of legitimate communication; or I never made a phone call. The detective who arrested me even told me it was for "emails" I'm also still not in the system as f...

    Yvonne’s Answer

    It's unlikely that it will be dismissed without a motion from your attorney. It may have been unconstitutional but they may be proceeding under the provision for a course of conduct which can stand. It's fact specific. You should check in with the court to make sure they have the right address for you. Speak with an attorney or go to the local public defender. Best of luck to you!

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  • I am being charged with one count of possession of a forged instrument 2nd degree

    i bought a temporary license plate from craigslist last september as i bought a car and next to the car ad was this add for a temporary license plate i went to the bronx in a office and bought it thinking it was real while it gave me 30 days to go...

    Yvonne’s Answer

    I have had clients in this situation. You need to hire an attorney or call the public defender to qualify. Hopefully with an attorney you will be able to show the DA it was a mistake and you deserve a second chance.

    Good luck.

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  • I have aggravated unlicense operator 3D (misd)

    My question is what happen if i plead guilty? I realy don't know what to say ( this is my first court)

    Yvonne’s Answer

    Do NOT plead guilty without having a criminal attorney review your case. That would be very foolish. As others have posted the conviction would be on your record forever. The Attorney needs to review the case with what can be done. Often times the DA will plea bargain down to a violation with fine if you clear up the underlying suspensions. Also sometimes the accusatory is insufficient if the affidavit of regularity and proof of suspension is not filed with the court as supporting depositions.

    Long and short of it - call your local bar association or public defender if you are indigent and get an attorney to review this matter.

    Best of luck

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  • Mother of 2 was accused of shoplifting in macy's, police was called but i heard them over the speaker that they are not comming.

    I was accused of shoplifting in macy's ($448) in westchester ny, loss prevention took my picture, have me signed couple of papers. took my confession (under pressure), i paid $500 civil fine. They checked with police about my criminal record ( whi...

    Yvonne’s Answer

    You should get an attorney-just because the police did not come does not mean they are not pursuing the matter. You will need an attorney to assist you with your defense. You should be eligible for an ACD. You should not have paid the civil penalty in my opinion. Feel free to contact my office or your local Bar Association to speak to an attorney.

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  • What can I do if the elements of the charges against me aren't proven, but the DA & Judge refuse dismiss the charges?

    On July 26, 2014, I was pulled over for a traffic infraction. When I reached into my purse to get my credentials, the officer saw my pill bottle, questioned me about the contents & missing label. The officer then searched my vehicle & arrested me ...

    Yvonne’s Answer

    • Selected as best answer

    You need to sit down and strategize with your attorney so you can decide what's best for you. They want to get rid of the case by offering a disorderly conduct. It's an offer that would protect your record on one hand (assuming you have never been in trouble before) verse risking it w/ trial & possibly being convicted. What evidence do they claim to have of your guilt: admission or alleged statement from you, video, recent exclusive possession of of alleged item taken, the loss prevention officer - is he/she still working for the store? He said/she said is still evidence even if the person is lying. Is your accusatory sufficient? Have you done discovery, motion practice etc. More facts needed to fully address. Talk w/ your attorney or get a lawyer if you're not represented. All in all its hard to accept anything when you are innocent but in reality you need to weigh your options. Good luck to you!!!

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  • What to do about my civil demands letter?

    I was caught shoplifting from Target. A Lost Prevention officer held me by my shoulders as i was exiting the building and there, I signed some forms and they took my address down. I am seventeen and they sent a fine of FIVE HUNDRED DOLLARS (I took...

    Yvonne’s Answer

    Don't pay them. I advise my clients to not pay and I contact them to desist. I have never had them actually institute an action against any of my clients thus far. Good luck.

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  • What should I do, plead guilty or not?

    Had a speeding ticket hearing in may, and was found guilty received 8 points on my license, then today received a ticket for "disobeyed traffic control device" and additional information reading "DID not attempt to slow rate of vec disobeying post...

    Yvonne’s Answer

    You should hire counsel to help defend you and get a non point violation. The DMV depending on your driving record can suspend you based on the number of contacts you have had and the number of points you currently have.

    The best practice is to always go to the court appearance or better yet have an attorney go for you to get the best disposition and limit your liability.

    Best of luck to you.

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  • I got arrested for a DWI in NY last week. I work in and currently live in NJ but have a NY license, is this going to be an issue

    I am hoping to get a conditional license if I am convicted, will I not be able to get one in NY if I live in NJ? I never got a NJ license because it isn't my permanent residence. I was arrested in NY and I'm concerned that if I get a conditional N...

    Yvonne’s Answer

    There are several issues going on. If you have a NY license that is actually good because with counsel you should be able to maintain a driving privilege through out the process assuming you have no priors. However if you are living in NJ you are required to change your license. NJ is tougher on DWIs than NY but it's complicated and fact specific.

    Hire counsel asap so you can strategize together and get through this as painless as possible.

    Good luck!!

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  • Can I take a Xanax before court? I was arrested for a DWI and have court in a week.

    I have a prescription for alprazolam for my anxiety--particularly public speaking/stressful situations. I get very red in the chest, face and neck and there is no covering it up. Can I take a Xanax or is that just asking for trouble?

    Yvonne’s Answer

    If you have a valid prescription you should be fine. Your attorney will speak for you so you should not worry. You will get through this so do not stress. Hire an attorney if you have not done so ASAP.

    Speak with your attorney about the procedure of what to expect when you go to court to help with your anxiety. The court system can be very intimidating to people. . Also speak with your attorney about the Xanax & whether you should take it. That way you and your counsel are on the same page.

    Best of luck to you.

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  • Is there any possibility I could lose my license for less than a year if I refused to do a chemical test?

    I travel constantly for work and need to be able to rent a car when I am on business trips but that seems like it won't be a possibility with a conditional license. I understand I am going to lose my license but is there any way it won't be for a ...

    Yvonne’s Answer

    Call an attorney asap - you would need to try to win the refusal hearing and its fact specific. Is it in Rockland? The ALJ is tough in Rockland but I would need more info to evaluate your chances of same. Feel free to contact me or call the local bar association where you were charged for a criminal attorney well versed in DWIs. Best of Luck to you.

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