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David P Galison

David Galison’s Answers

13 total


  • I am recently on felony probation and last week I got pulled over for expired tags. Do I have to tell my P.O

    I gave the cop my I.D and told him I'm on probation he checked the system and said he did not find anyone under that name but under a different name. Does the police officer notify my probation officer right away or when my p.o runs my name in th...

    David’s Answer

    You are required to report all police contact to your probation officer. Why take a change over a minor ticket, especially if it is not your vehicle?

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  • Can an officer write me a ticket for speeding based on his word of how fast i was going?

    Did not clock my speed on radar

    David’s Answer

    In New York an officer that has taken training in the Police Academy and is certified in speed recognition can write a ticket based upon his observations alone. They generally give a +/- tolerance. For example they will say that they are +/- 4 mph so if you are within the tolerance of where the ticket would be brought to a lesser point classification you should always as the Judge to convict of the slower speed if at all. Good Luck

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  • Possession of Controlled Substance (Marijuana) - What should I do?

    I was in a car with 3 of my friends and we got a cop called on us. The cops said they could smell the marijuana from outside the car, so one of the officers told me to get out of the car and asked me where it was. So I told him that I had a small ...

    David’s Answer

    Never plead guilty. Hire an attorney to handle plea negotiations in order to try and protect your record. If it is your first time there is a good chance that the charges will be reduced.

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  • Does it even matter if I am read my Miranda Rights anymore?!

    I keep hearing that local police are not reading people their rights, and it even happened to me! There was a small domestic disturbance at our household, and I wanted to be the one to go (because they have to take someone). Anyways, I was never r...

    David’s Answer

    Miranda warnings only need to be given if you are under custodial interrogation. As for physical abuse by the police, I would go to internal affairs and lodge a complaint.

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  • How do I drop charges against someone?

    We filed a report that someone broke in to our house, stole goods, and sold them to a pawn shop. We would like to have the breaking and entering charges dropped as we found out that they had a key, they could get out pre-trail, and that the judge ...

    David’s Answer

    Once you call the police and file a police report you cannot drop the charges, it is up to the police and the district attorney's office to continue the prosecution or to dismiss. With a good defense attorney there is always the possibility to accomplish what you want, that being a non-criminal disposition contingent upon completion of a drug program.

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  • My boyfriend assaulted me over a year ago and was never arressted. Two days ago the detectives came to my house looking for him.

    I told the detectives that i no longer want him arressted and that i actually exaggerated the story quite a bit. They kind of shrugged their shoulders and left because my boyfriend was not home at the time. Are they going to come back? Is there an...

    David’s Answer

    If you previously signed a sworn statement indicating that he did something that he didn't do, filing a false statement you should not admit to such as you are admitting to a crime. Lawyer up! You don't have to speak to the police without a lawyer. And yes your refusal to be cooperative would make it almost impossible to move forward with the case.

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  • Choose Trial by Jury

    So in his last court appearance my little brother opted to fight the charges and head to trial (by jury). In about two weeks he goes in for his first hearing, what should he expect the first hearing? Are these upcoming hearings where the arrestin...

    David’s Answer

    • Selected as best answer

    At the hearing the people are going to have to prove the officer acted lawfully and present evidence that establishes the justification for the arrest. The officer should be testifying and his lawyer should be cross examining him. Jury selection occurs after the trial has started and is one of the most important parts of the trial, it can make the difference between a conviction and an acquittal. The Judge is never supposed to take sides and he should conduct himself in such a way that the Jury does not believe he has taken a side. The Judge should not care if there is a conviction or an acquittal, only that a fair trial takes place and that justice is done.

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  • How to beat a cell phone ticket?

    Both my hands were on the wheel, I wasnt talking, texting, emailing, browsing.....I even have a printout from Verizon that there was no use within a half hour of the ticket before (or after for that matter).....would that be enough for a judge? Ti...

    David’s Answer

    I would fight the ticket as cell phone tickets now carry 3 points. Your evidence is good and your testimony should be given the same weight as the officers. It is the officer's obligation to prove the charge. Sounds like you have good evidence to support your version of events.

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