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Theodore W. Robinson

Theodore Robinson’s Answers

5,212 total


  • False accusations how to cover your ass

    I received a phone call from my x mother in law she bluntly stated to me if i try to go for custody of my son while his father was in jail she would charge my husbend with child moledtation. it was not told to the father by her authorities not con...

    Theodore’s Answer

    First, a lie detector test does not have to be taken only at a state trooper barracks. Second, if the charges are bogus, why can't you and/or he take the test - even at the state troopers? Nonetheless, it is important that you get legal counseling right away to see what exposure he may have. Call a local criminal defense attorney right away.

    Good luck.

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  • What can be the outcome?

    My boyfriend is in jail for a technical violation on dirty urine and court fines. This is his second time violating his probation and doesn't have any other new chargers his attorney says his recommended sentence is 1 to 30days what is the possib...

    Theodore’s Answer

    There are any number of possibilities, but it is most likely that the Judge will follow the recommended sentence of the prosecutor in many situations - unless his attorney strongly argues against it and has something compelling to offer the court to the contrary. Then he might get less, but it doesn't sound likely.

    Speak to the defense attorney.

    Good luck.

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  • Can a judge revoke a bond because the client asked for a continuance

    We retained an attorney ans on the day of court needed a continuance to get the court appointed attorney taken off the case and his new lawyer put on

    Theodore’s Answer

    It sounds like something else was going on in this case. Perhaps you changed attorneys as the case was about to go to trial and the Judge concluded that this was just a staling technique being employed by you or some other thing that is not included in the question.

    While Judges can do almost anything they want regarding bail and its revocation, it is not normal for a judge to revoke bail just because you changed attorneys - unless there was some other extenuating circumstance that hasn't been mentioned in the question.

    Speak to the new attorney about a Habeas Corpus application in a superior court to get the bail reduced to whatever it was before the last appearance - as long as the Defendant never jumped bail or had a Warrant outstanding due to prior non-appearances.

    Good luck.

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  • Assault with a deadly weapon or not?

    Is it still assault with a deadly weapon if someone shoots at another person but does not in fact hit the person? What would this charge be considered?

    Theodore’s Answer

    If the other person was never struck, then it could be reckless endangerment, attempted murder, attempted assault with a deadly weapon and a number of other charges. However, you only gave a few facts, which makes it impossible to form an informed answer to this question. Speak to a local attorney about this right away.

    Good luck.

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  • As a Victim of a crime what will I be asked on the witness stand?

    my ex is being criminally charged with violating the restraining order and the trial is set for may 7th and im wondering what I will be asked.. was told that I have to testify in front of a jury.. Its a jury trial.. What will I be asked and how lo...

    Theodore’s Answer

    You will be asked to tell the jury exactly what transpired to cause your "ex" to be arrested. What you saw, heard, felt, etc. that indicates that he committed a crime. Then, his attorney will ask you questions on what's called cross-examination in which s/he will test your testimony and try to trip you up to see if you're lying about anything that you said. One of the hallmarks of lying is inconsistency between the story you told the police right after it happened, what you testified to on Direct examination and then what you testify to when under the pressure of cross-examination. If you are fairly consistent in what you say all three times, then the jury will likely believe your story and if it meets the standards for conviction, they may convict your "ex."

    Meanwhile, speak to the state's prosecutor and ask him/her what they will be asking you and ask to see your original statements so you remember better what you said at the time and make sure to correct any misstatements the police may have written down or at least advise the prosecutor if there are any.

    Good luck.

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  • I jumped a turnstile as my card was empty. I was given a pink slip (140.05) to appear in criminal court by a under cover cop.

    Trespass in violation of 140.05 at time square. This is my first time with anything like this and I know it was wrong of me to jump even though I had no money. Should I just go to court on the day with cash to pay the fee or is it better to get a ...

    Theodore’s Answer

    You should be eligible for an ACD Adjournment in Contemplation of Dismissal if this is your first such offense. You may be eligible for a Legal Aide attorney, but that will depend upon your financial situation and that of your parents if you live with them.

    It is still best to have an attorney with you if possible.

    Good luck.

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  • Is it illegal to record an in person conversation between yourself and another person using your cell phone recording app?

    Is it illegal to record an in person conversation between yourself and another person using your cell phone recording app without the other person knowing, in the state of New York?

    Theodore’s Answer

    It is NOT illegal in NY state to record somebody with your cell phone - as long as you are part of the conversation with that person. It is illegal to record someone else who you are NOT having a conversation with at the time.

    Also, you do NOT have to inform the other person with whom you're talking that you are recording them secretly.

    Good luck.

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  • My husband is from Republuc of Georgia and is still married there. They have been separated for 16 yrs. I did not know this.

    We married 5 months ago in the church. Is my marriage valid? What is my obligation here? He claims that in Georgia, if you are separated for more than 10 years, then the marriage becomes invalid. I want to stay married to him

    Theodore’s Answer

    Unfortunately, if he was married at the time of your marriage, he was actually unable to legally marry you, despite where he was married before. He had to sign a statement to get the marriage license saying he was not previously married or he had to produce a Divorce Decree. If he simply said he wasn't married, your marriage was based upon a fraud by him. I'm sorry, but that's the law.

    However, if the two of you want to remain married, he'll have to initiate a divorce from his first wife and then, once it's granted, he can again marry you. By the way, it doesn't matter what the law in Georgia is if he's been living in NY for more than a year. Then NY has jurisdiction and the NY law applies and they do not honor whatever was done in Georgia. However, speak to a local attorney and find out.

    Good luck.

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  • Requesting for a criminal case.

    In 250 years of American Juris Prudence, has it ever been proven that a Criminal Defense Attorney conspired with prosecution to obtain a conviction against a defendant? If so, may I please have the cite. Thank you,

    Theodore’s Answer

    On a purely factual basis, What purpose would a lawyer have to "conspire" with a prosecutor in order to obtain a conviction against his/her own client? Such a question would never arise in my mind. However, I know of a couple of criminal lawyers who have done such things - but not in order to conspire with the prosecution, but simply to get the client charged so they could earn a bigger fee.

    By the way, I believe it would be a breach of the Canons of Ethics for either lawyer to conspire for that purpose. The whole idea of the justice system is a search for the truth. While many lawyers on both sides of the aisle tend to get caught up in what they're doing to the point that they may cut corners or do something they shouldn't do, they rarely if ever agree with each other as to the outcome of a case. In fact, it is quite the contrary. Lawyers intuitively argue with one another in that search for the truth and in the sincere belief that in the crucible of fire of the trial, the truth will unfold naturally. At least that's the hope.

    Good luck on your search. Let us know what you discover.

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