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Howard A. Schwartz

Howard Schwartz’s Answers

4,038 total


  • I got caught shoplifting groceries. LP brought me to their room, took down info, no police called.

    I got caught shoplifting groceries at Stop/Shop. LP brought me to their room, questioned me, and then took down my license information, last 4 digits of my social, my address. No police called. Banned from store. On my way out, handed me a Civil R...

    Howard’s Answer

    Highly unlikely that there will be an arrest. Relax. You can probably avoid paying the civil penalty if you resist. Good luck.

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  • How can I get my acd dismissal date moved up? By how much and under what conditions?

    First time offender arrested for shoplifting at a grocery store. Got a six month acd with one day of community service, completed last week. Next court appearance to confirm said service. At this appearance, can I ask for my acd period ...

    Howard’s Answer

    It is possible. You would need a good reason to convince a judge and/or the prosecutor to advance the date. Good luck.

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  • Can I get a restraining order on my ex girlfriend?

    She doesn't harm me physically but she writes me on Facebook threatening me. She also tells me to watch my back because someone looking for me. Today she told me that something was going to come in my mail I didn't know if it was going to be a bom...

    Howard’s Answer

    There are options. You can speak to local law enforcement and see if there are grounds for an arrest. If not, you can check with the clerk of your local court, or local counsel, to discuss the possibility of obtaining an order of protection. Good luck.

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  • Could I fight a public urination/ exposure ticket if I never pissed or pulled it out?

    I was at the university rail in buffalo and I had to pee so I was gonna go to the corner but never actually pissed or pulled it ou and a undercover cop say me and said I pissed but I never did. They gave me a public urination/ exposure tick could ...

    Howard’s Answer

    You can always plead not guilty and demand a trial. It will be the word of the officer against you and any witnesses you might have. Good luck.

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  • If divorce papers are filed by one spouse, does the other spouse have to give consent?

    Not sure if the law dictates that the spouse must. Does the court automatically serve you if you do not respond or do they only proceed if the other spouse notifies them?

    Howard’s Answer

    If a party is served with papers and does not respond the moving party can proceed and obtain a default judgment. The defaulting party may not hear anything before the divorce is completed.

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  • How can I get my Certificate of Disposition from NYC Court, if I am not a US Citizen and I live outside of US?

    I need it ASAP, cheap and in a reliable way. Can I get it myself via mail or somehow electronically, OR shall I hire/authorize someone by a notarized letter (power of attorney) to get it from the Court and send it to me by mail? This web-s...

    Howard’s Answer

    I have never heard of such a service, so can't comment on the site. If the case was not sealed, you can have someone go to the clerk's office and get a copy of the disposition. If the record was sealed, you can give someone authorization in the proper form and hope the clerk will give them a copy. You can mail the court with the required fee and have the send you the certificate. Good luck.

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  • Am I going to be arrested?

    I had a ticket appearance for poss. Of marihuana, and I missed my court date (yesterday). This is my first offense and I just want to know what I should do to clear everything back up since I'm almost positive there's a warrant out now?

    Howard’s Answer

    Get back to court immediately with an explanation as to why you missed court. Contact your attorney and consider having someone accompany you with bail money-just in case the court demands bail. Hopefully all will go well. Good luck.

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  • I was arraigned on F charges in ny criminal court. After indictment I will be arraigned in ny supreme court.Will charges be same

    Arrested July 13th, currently August 11th n no indictment. Search and seizure at my residence weeks before I turned myself in, but have not been charged with certain things found in my residence. Can they add more charges on indictment or second a...

    Howard’s Answer

    Yes. The charges can change from the time of the arrest until the indictment. You will have to wait until an indictment is handed down, if that ever occurs, to see what the final charges are. Your attorney might have more information on how the case is going to proceed. Good luck.

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  • Can a probation officer send me to jail for getting kicked out of a drug and alcohol program?

    I have been kicked out twice from an outpatient program, which I am not an addict, I was told I had to complete the program by my PO. I was a few weeks away from completing the 6 month program when the supervisor and counselor decided to discharge...

    Howard’s Answer

    A probation officer can write up a violation and send you back to the sentencing judge. The judge would be the person to make a determination about incarceration. It would certainly be better if you could keep yourself out of the court system where anything could happen. Perhaps you could discuss changing to a different program where things might work more smoothly. Good luck.

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  • Hi my name is Cynthia, how can I get custody of my children ?

    My ex husband get custody of my 2 kids and one of the kids not his. I'm trying to move in Minnesota and I want my kids stay with me, what can I do I need your help,My kids really want live with me and I can't go with out them please help me

    Howard’s Answer

    There is not much information here. If no agreement is reached between the parties, the standard is what is in the best interest of the children. One would have to do a complete analysis of the entire situation before speaking on the possibility of having custody changed.

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