I have handled many similar cases in Queens County (my office is 2 blocks from the courthouse) and usually can work out some sort of plea bargain deal that does NOT include jail time. Every case is different, so I cannot and will not promise that I can keep your son out of jail, however, it is possible.
Feel free to call me to discuss this in greater detail.
The answer is yes. Vehicle and Traffic Law sections 153(1) and 388(1) state that the owners of vehicles are liable for the negligent acts of the drivers. Thus, if the injured party institutes a lawsuit, both the driver and the owner are sued as the defendants.
The good news is that your insurance carrier will provide you with an attorney FREE OF CHARGE. If you have a 100/300 policy, then it's highly unlikely that you will ever be personally exposed to a judgement. If you have a...
Things tend to move slow out in Central Islip; nevertheless, your matter should've been resolved by now. There are only 2 ways to dispose of this matter: trial or a plea deal. Most people who can afford to hire an attorney do so because they want to choose who will be their legal mouthpiece (rather than getting the luck of the draw with Legal Aid). I've been helping people in your exact situation for 22 years and often handle cases in Suffolk County.
Vehicle and Traffic Law sections 153(1) and 388(1) state that the registered owner of a motor vehicle is liable for any and all negligent acts of the driver of that vehicle. That's a fancy way of saying that you will be held responsible for all bad acts committed by your friend pertaining to the vehicle in question. If you're not happy about this, then you must transfer title to your friend, and have her become the registered owner and the insured.
Police officers issue a Desk Appearance Ticket ("DAT") when the charges are relatively minor (e.g., theft of services [jumping a turnstile], possession of a small amount of marijuana, trespass, etc.). Your son is being charged with criminal possession of stolen property in the fifth degree, a class A misdemeanor. The maximum penalty is 1 year in jail. That does not mean that he will go to jail, I'm just telling you the worst case scenario.
Your son will be arraigned on the return date...
You can be charged with Burglary in the Third Degree, a Class D felony, which carries a maximum penalty of 2 1/3 - 7 years in prison. If it's your first offense, your attorney probably will be ablle to work out a plea bargain deal wherean you don't have to do any jail time.
I practice criminal law in Queens County, N.Y., the most racially diverse county in America. Many of my clients are Green Card holders or have no status at all. Thus, I deal with such immigration issues every single day.
You must be very careful when deciding how to dispose of your DWI matter because certain convictions can affect your ability to become a citizen and/or cause the revocation of your Green Card. In New York, DWI (Vehicle and Traffic Law sections 1192-2 and 1192-3) is an...
On a "settlement," the tortfeasor's insurance policy will dictate the maximum recovery. In other words, if the tortfeasor has a 100/300 policy, then the maximum that you can get is $100,000. If your policy limits exceed the tortfeasor's policy limits, and you recover the tortfeasor's whole policy, then you can make an underinsured motorist claim through your own carrier to obtain additional settlement funds. Of course, if you go to trial, you can hypothetically win an unlimited amount of...
Was the order of protection issued by a Family Court judge or a Criminal Court judge? The person who violated the order can be arrested and charged with Criminal Contempt, a Class A misdemeanor. In a criminal case, the person who is protected by the order can ask the assistant district attorney to rescind it, however, most judges in the domestic violence courtrooms throughout the city are reluctant to do so while a case is pending.
First of all, if your husband is charged with Attempted Grand Larceny in the First Degree (Penal Law section 110/155.40), then he's being charged with a Class C felony and is facing 5 - 15 years in prison if convicted. He needs to hire an attorney immediately to avoid being indicted on this serious charge. If he's not guilty, a competent, experienced criminal defense attorney will determine whether he should testify before the grand jury or gear up for trial. If he is guilty, then plea...