Skip to main content
Theodore W. Robinson

Theodore Robinson’s Answers

5,212 total


  • Previously convicted of a violent crime prohibifed feom carrying o.c self defence spray. I'm a cycleist does it include halt

    Does it also exclude me from carrying halt dog repellent. I carry this for the speciffic reason of repelling dogs I'm a cyclist and dogs love to try to bite me

    Theodore’s Answer

    Regardless of the fact that you feel you may need such a spray to stay safe from dogs, unfortunately, it appears that it may contain pepper and qualify as pepper spray. That would mean you cannot carry it due to your prior record.

    Don't rely upon the excuse you didn't know, since the police will breeze right by that one and arrest you if you carry pepper spray. Just cycle fast enough that dogs can't catch you. It certainly is an incentive.

    Good luck.

    See question 
  • I need a lawyers help!

    My brother has been arrested for a crime he didn't do last month. He was robbed at the place he works, and the kid who robbed the place use to work there. He blamed it all on my brother saying that he has something to do with it. My brother has a ...

    Theodore’s Answer

    It sounds like there is much more to this story than just another robber claiming your brother did this crime. Police like to squeeze arrestees, but once arrested, whatever said by them is taken with a "grain of salt" most of the time. You need a competent and experienced defense lawyer on his side right away to determine what, if any, other evidence the DA may have on your brother. It sounds like they may have something else that you may have not heard about yet. Don't wait. Hire someone local today.

    Good luck.

    See question 
  • How much evidence does a defendant need to ensure the judge has to instruct the jury on a temporary and lawful poss defense?

    My husband the defendant, took a mans gun in the course of a fight which was initiated by the other man. The man had the gun pointed in my husbands face. He then held on the the gun for under a minute and disposed of it, hiding from the man unti...

    Theodore’s Answer

    Without knowing more, this sounds like a two witness case. The original man with the gun and your husband. The evidence comes down to one man's word against another's. That is the evidence in the case - along with the police testimony of how they recovered the gun.

    If your husband showed the police where the gun was, as opposed to having them discover it after the first man told them where to look for it, then that would substantiate your husband's story. If not, then the reverse might be true. Either way, a Judge would likely charge that he only had temporary possession and control of it. However, remember, the charge and what is in it is always up to the Judge and how s/he viewed it after listening to the witnesses and other evidence.

    There could conceivably be much more to this case, such as where the gun came from originally. What prompted the first man to pull a gun on your husband? How he broke his leg getting away? Were there any other witnesses? How long after the police arrived did the gun get discovered, shown or told where it was? And by who and under what circumstances.

    As another answer said, you and he should be speaking to his defense attorney about this and you should not be posting any confidential information on an open site such as this because the District Attorneys in most counties are now having investigators scan the internet for anything they can later use against Defendants at trial. Facebook posts, Twitter and even Avvo are open posts and discoverable by the District Attorney, so be aware of that before posting anything they don't already know.

    Good luck.

    See question 
  • I was billed for physical therapy that i was advised I didn't have to pay on 2 occasions. I refuse to pay it. What should I do?

    In late October I started going to physical therapy in the ProHealth Network as advised by my chiropractor. I was told by the receptionist my insurance covers me in full. So no cost to me. So I made arrangements to go 3 times a week. In early Dec...

    Theodore’s Answer

    If you were misled by the receptionist about insurance coverage or billing, then you should first do your best to get them to say so to you personally - while you tape record them with a cell phone or recorder. Do not tell them ahead of time you're recording them or they will not say anything.

    If you get them to admit they made the mistake, then you can go to the medical authorities and/or the insurance authorities who handle such things and make a complaint. You may wish to write the PT place a letter telling them if they don't resolve it without payment by you, then you'll report them to various authorities. You can also include the Better Business Bureau and the DA's office or the Office of Consumer Affairs in Nassau County. Good luck.

    See question 
  • I was the victim of a rape and the police took my phone as evidence, how do I get it back?

    I need to get my phone back asap, please help. Also if this helps its been 4 months and they have already got all of the stuff off my phone so they can review it or something. Please Help!

    Theodore’s Answer

    If the Police downloaded anything from your phone without your permission or just browsed through it and they didn't have a Warrant to take the phone, then anything they obtained or any leads they may have developed because of whatever they may have found on your phone is suppressible, meaning it cannot be used against you at trial.

    It is important to have your attorney demand the phone back since the police cannot use its contents anyway and ask him to demand that your phone be returned to as well - unless the police can show a basis for keeping it from you. That means he may have to make a Motion to the Court to have it released and that will force the police to try to justify why they took it in the first place and perhaps they will divulge what they obtained from it - which will give your attorney a basis to seek suppression of whatever they may have gotten from it.

    Good luck.

    See question 
  • I have 14 days credit jail time, does the 2/3 rule play affect in that? so technically i have 21 days in?

    Just wondering if time before the sentence is flat time, as in each day is just 1 day, or is the 2/3 rules play? where you do 2/3 of your time on good behavior.

    Theodore’s Answer

    When you serve time while awaiting disposition and/or sentencing on a crime (like a Misdemeanor) you get 1/3 credit towards the overall sentence = regardless of where you spend it. So if you spent 14 days in jail, it is the equivalent of 21 days in jail - unless you eventually get what you call "flat time" or a specific sentence of a certain number of years. In that case, you serve the entire "specific sentence" minus approximately 1/8th of the "flat time" sentence. The time when you get 1/3 off is with county time of 1 year or less of with felony time when it is an indefinite sentence like 2-6 years.

    See question 
  • Can I legally use state names for key chains in my scroll saw art?

    I want to do key chains with the names of US states would that be copyrighting?

    Theodore’s Answer

    Yes, you can legally use the name of a state or country in art work. If you wish to copyright whatever art you do, then there are appropriate ways of doing it that you should speak to an intellectual Property attorney about who is local to you.

    Good luck.

    See question 
  • What could happen if i sign a zero income affidavit while having income

    I have an zero income affidavit to sign so my aunt who i don't live with anymore can get extra income. She lives in a different state. But I have a job. So I want to know what could happen and how could it happen.

    Theodore’s Answer

    While it sounds nice to do something for your Aunt, refrain from it at all costs. You would be committing multiple crimes as well as mail fraud in the federal system. You don't even want to know the consequences of such things. Stay away from them.

    Good luck.

    See question 
  • Can a federal judge change my sentence once it has been handed down?

    I was sentenced to time served with 5 years supervised release. The judge also sentence me to serve the first 24 months in a half-way house, but the half-way house can not accommodate me. Can the judge re-sentence me and incarcerate me instead?

    Theodore’s Answer

    All options are available to federal judges. In this case, we don't know why you received "time served" in order to get half-way house and 5 years post supervision release (which is tantamount to parole). However, you may have already served enough time in jail awaiting your sentencing or something else may have happened in the case to justify this type of lenient sentence for you.

    Yes, a Judge can imprison you again if the facilities are unavailable for half-way house housing, but it's not likely as long as you've followed all the directives of Probation and anything else up until this point.

    Speak to the attorney who accompanied you at the sentencing for best results.

    See question 
  • Can landlord or his agent rent commercial space to another tenant after I have given deposit.

    I found commercial space for rent and contacted the real estate agent. After negotiation, I left $500 deposit in check which was cashed, so that a lease can be made, i also informed agent that the franchise we are putting in the space, has approve...

    Theodore’s Answer

    You had made an offer to lease, subject to your franchise's review and approval. Apparently, they took too long and somebody else came along and found the space acceptable and signed a lease before you were given a lease to sign. Therefore, unfortunately, you have no rights - unless a smart lawyer can convince a Judge to award you the place, claiming that the deposit acted to hold the space and was a down payment towards the lease - which I doubt will hold up upon review, but it might sway the Landlord to abandon the new tenant if s/he hasn't yet signed a lease for the space. However, with real estate of any nature, all documents must be in writing in order to be binding on both parties and since you don't have that, you have nothing in my view.

    See question