Ernest DuBose’s Answers

Ernest DuBose

Brooklyn Criminal Defense Attorney.

Contributor Level 14
  1. How far back can a judge go back in your criminal history when sentencing?

    Answered over 1 year ago.

    1. Ernest DuBose
    2. Eric Edward Rothstein
    3. Marco Caviglia
    4. Giacomo Jacques Behar
    5. Anthony Michael Giordano
    6. ···
    7 lawyer answers

    The judge can use youth offender status and other crimes from over a decade to determine a sentence. To better understand it would be helpful if you can find a copy of his probation report.

    10 lawyers agreed with this answer

  2. 1 year definite sentence in New York.

    Answered over 1 year ago.

    1. John M. Cromwell
    2. Ernest DuBose
    3. Eric Edward Rothstein
    4. Nikole M Wynn
    5. Joshua Sabert Lowther
    6. ···
    9 lawyer answers

    Yes if the sentencing judge agrees.

    9 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. If divorced, and agree on division of our assets, then is this legal and we wont be affected by equitable distribution law?

    Answered over 1 year ago.

    1. Susan Jo Civic
    2. Ernest DuBose
    3. Peter Christopher Lomtevas
    4. David Ivan Bliven
    5. Peggy M. Raddatz
    6. ···
    6 lawyer answers

    Yes if you enter into a stipulation the courts will generally respect what ever you outline.

    9 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. If I am found not guilty in a case of DWI, does that mean the court will pay for my expenses?

    Answered over 1 year ago.

    1. Joseph A Lo Piccolo
    2. Eric Edward Rothstein
    3. Christopher Irvin Simser
    4. Michael J Palumbo
    5. Adam Domenick Rumschlag
    6. ···
    10 lawyer answers

    Unfortunately the People of the State of New York have no obligation to reimburse you.

    9 lawyers agreed with this answer

  5. Can A Bill Of Particulars Be Thrown Out If An Officer Signed Them And Was Not At The Scene in a dwi case?

    Answered over 1 year ago.

    1. Ernest DuBose
    2. Eric Edward Rothstein
    3. Derek Anthony Patrin
    4. Christopher Irvin Simser
    4 lawyer answers

    A bill of particulars is simply the prosecutors theory of the case as requested in a motion by the defense attorney. It is typically not thrown out just amended if more information is needed. The indictment is what you mean I believe. The grand jury or a judge can throw out the indictment if they feel it is insufficient to support the underlying charges.

    8 lawyers agreed with this answer

  6. For a Sexual Assault Charge does "Sexual Intent" need to be proven?

    Answered over 1 year ago.

    1. Peter Christopher Lomtevas
    2. Ernest DuBose
    3. Marco Caviglia
    4. Dean George Tsourakis
    5. Raymond George Wigell
    5 lawyer answers

    Yes they must approve intent to commit sexual assault. The scenario does not sound like a crime at all, because it is doubtful that a child at that age could form intent.

    8 lawyers agreed with this answer

  7. What does "no fault" divorce mean? Can i just divorce my wife or we have to agree to divorce? whats the process?

    Answered over 1 year ago.

    1. Marco Caviglia
    2. Douglas M. Scheinman
    3. Ernest DuBose
    4. Peter Christopher Lomtevas
    5. David Alexander Browde
    6. ···
    6 lawyer answers

    Yes you can do an uncontested divorce with your own stipulation

    7 lawyers agreed with this answer

    2 people marked this answer as helpful

  8. If convicted of dwi, how long will it remain on your record?

    Answered over 1 year ago.

    1. Christopher Irvin Simser
    2. Jonathan Brian Manley
    3. Marco Caviglia
    4. Ernest DuBose
    5. Michael J Palumbo
    6. ···
    9 lawyer answers

    Cost if a good dwi attorney will vary, however, if what you are saying is true it should not be difficult to get a good plea or acquittal especially if your friend is a first time offender.

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. DUI suspension in NJ, moving to NY. How to get hardship license?

    Answered over 1 year ago.

    1. Ernest DuBose
    2. Christopher Irvin Simser
    3. Edward L. Fiandach
    4. Eric Edward Rothstein
    5. Nikole M Wynn
    5 lawyer answers

    You are going to have to wait until the suspension is lifted in NJ. You should talk to NJ about getting a conditional license if one is available.

    7 lawyers agreed with this answer

  10. I was convicted of Felony DWI even though my offense was .16, only pulled over, did not flee or cause an accident.

    Answered over 1 year ago.

    1. Ernest DuBose
    2. Eric Edward Rothstein
    3. Scott Glen Cerbin
    4. Daniel Nelson Deasy
    4 lawyer answers

    You blew twice the legal limit and it was your second DUI. Did your case go to trial or did you take a plea. Also did you apply for a conditional license

    7 lawyers agreed with this answer