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Benjamin J Lieberman

Benjamin Lieberman’s Answers

7,168 total


  • What is the most that can happen if I plea to a violation? disorderly conduct? harassment?

    This is a really general question that i can't seem to find a straight answer on. I really would like to know if someone pleas to any of the above, how will effect their future? background checks, jobs, records, etc. Any advice would be greatly ap...

    Benjamin’s Answer

    Disorderly conduct is a violation and not a crime. It would affect your future much the same way a parking ticket would. There are a couple of harassment charges and it would depend which one you are pleading to and whether or not the alleged victim is a family member or not. You should speak to your lawyer who can best describe the potential consequences of your plea for you.

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  • Can a court 10 years later say we went thru our records and you didnt pay a fine 10 years ago. I know we did.

    I know this fine was paid. But I dont have a receipt any longer. I just finished paying all my back fines to finally get my license back. Now all of a sudden this court says I didnt pay 10 years ago.It was not on the DMV reports, because as I said...

    Benjamin’s Answer

    Unfortunately it happens.

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  • How long would a 14 year old spend in Juvenile Prison?

    Say the offense is 1st degree assault, how long do you say he'd spend in Juvenile Prison? Any other info is greatly appreciated.

    Benjamin’s Answer

    If convicted of the top count, as a juvenile offender incarceration is mandatory and the court can sentence you up to 10 years. If there are sufficient mitigating factors then the court can sentence you as a youthful offender and that would allow for other sentencing possibilities which can include a non jail disposition. Make certain that you have an attorney defending you.

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  • Ex-girlfriend has restraining order against me in CT although I am a NYS resident. She recently contacted me. Options in NYS?

    My ex-girlfriend has a restraining order against me in CT. I am a NYS resident. She recently contacted me via text and unblocked me of fb. At our university she got an order against me through the university and then was more than happy to break t...

    Benjamin’s Answer

    You may be able to get an order from the family court here in NY but either way you should certainly contact the police in your precinct and file a report indicating that she is contacting you. This would preserve your version in case she tries to have you arrested here in NY for violating an order.

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  • Reentry after deportation

    In February 1987 he was arrested by an undercover police officer for possession of a control substance, one half ounce of paraphernalia. He was sentenced to ninety days on jail. Now 23 years later my husband is imploring forgiveness. He was deport...

    Benjamin’s Answer

    This is an immigration issue - not criminal defense.

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  • I wasnt convicted of the charges that i was arrested for .

    One of my questions is can i sue the plantiff in small claims court .The bail bonds man said the $1860.00 posted for bond is not refundable.Few other questions concerning my first lawyer one is he said he could not go into grand jury proceedings w...

    Benjamin’s Answer

    Who do you think the plaintiff is? If you wish to pursue a civil claim against someone for filing false charges against you, you need to contact a civil litigator to review the facts and circumstances and see if you have a meritorious case. I highly doubt that your defense attorney is an ADA working as a prosecutor and just because an attorney gets tapped on occasion to be a special prosecutor doesn't mean that s/he can't be an effective defense attorney. Any grievances you have with your attorney you should discuss with him first and see what he has to say.

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  • Shoplifting at Macy's, no police involved, LP said no charges would be pressed, will I still be charged via mail summons?

    I need to know because I will be out of state and wont be at home to receive the summons in the mail, and I don't need a warrant. Details: 1 Item value less than $100. I am over 18, first offense. They took all my info down, I signed confession,...

    Benjamin’s Answer

    If you weren't arrested or cited at the time I doubt you would ever face criminal prosecution. You may, however, receive a civil demand letter from the store or an attorney on their behalf. I generally advise clients to ignore these civil demand letters. You don't owe them anything. In order for you to owe them something they would have to sue you, (in some jurisdictions prove damages which they most likely couldn't do), and win. Even if they could win, the cost of pursuing this is substantially greater than any amount they can possibly recover so they usually don't. They send out these letters because it doesn't cost much and they are hoping that you don't know better and simply send them the money. Nothing will happen to you if you don't pay it. Take a look at an article in the Wall Street Journal at the link provided below.

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  • What do I need to do next?

    North Carolina- 15 year old daughter shocked me today, she was caught shoplifting $5.98 worth of stuff. They gave us a paper saying we could be sued, and would be contacted by mail about a court date. She has never been in trouble before, and I ...

    Benjamin’s Answer

    There are two separate matters at play here. One is potential criminal charges. If you receive something in the mail from the courts or the police contact a criminal defense attorney ASAP. S/he would then best be able to advise and guide you. The other matter is a potential civil demand. That is where the store or a lawyer or collection agency on their behalf send you a letter demanding that you pay them money. I generally advise clients to ignore these civil demand letters. You don't owe them anything. In order for you to owe them something they would have to sue you, (in some jurisdictions prove damages which they most likely couldn't do), and win. Even if they could win, the cost of pursuing this is substantially greater than any amount they can possibly recover so they usually don't. They send out these letters because it doesn't cost much and they are hoping that you don't know better and simply send them the money. Nothing will happen to you if you don't pay it and it wont have any affect on a criminal case one way or another. Take a look at an article in the Wall Street Journal at the link provided below.

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  • State: Indiana I was caught shoplifting from an area kroger's. 3$Value item Civil Demand

    Will i be receiving a civil demand? They took my information, i am banned from the store, but the LP said i may or may not receive a letter based on the dollar amount. I will pay civil demand if received, but the question is will i get one?

    Benjamin’s Answer

    I don't think anyone here can tell you if you will actually get one. I generally advise clients to ignore these civil demand letters. You don't owe them anything. In order for you to owe them something they would have to sue you, (in some jurisdictions prove damages which they most likely couldn't do), and win. Even if they could win, the cost of pursuing this is substantially greater than any amount they can possibly recover so they usually don't. They send out these letters because it doesn't cost much and they are hoping that you don't know better and simply send them the money. Nothing will happen to you if you don't pay it. Take a look at an article in the Wall Street Journal at the link provided below.

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  • Is it rape if a 30 year old male has sex with a 16 year old female who already has a baby with another guy that is 19 in NY?

    Female 16 with 2 year old having sex with 30 years male. Can I have him arrested for rape in NY?

    Benjamin’s Answer

    Yes!

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