Michael William Brosnan's Answers

Probation travel restrictions and county sentencing court jurisdiction

For an exact answer read the conditions of your probation. My experience is that these kinds of questions are usually stated explicitedly within. Generally, in upstate New York, probation jurisdiction means the county where you are under probation and any adjoining county (one whose borders touch your county). But the bottom line is, sucessful probation means keeping your probation officer happy. A lot of these decisions are discretionary. If you have reasonable reasons to travel (like...

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Criminal court

If you are in criminal court it is actually the State of New York that is prosecuting you, not the alleged victim of the crime. In NY criminal law, the victim becomes a witness for the state, the victim is not bringing the action, the state is. That is why defendant's are sometimes prosecuted even though the alleged vistim wants to withdraw the accusation or refuses to testify. The District Attorney has the discretionary power to go ahead with a criminal prosecution even if the alleged...

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Child support payments

In NY,court ordered child support continues until the child reaches age twenty one if the child is still a dependent and in school, or until 18 if the child is no longer in school, or at any time the child becomes emancipated. In NY there is no specific hearing to determine emancipation, but it is often decided within the context of a child support or child custody proceeding. If your daughter is in fact acting as an independent adult, that is, supporting herself, working, living with a...

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Family court

Your husband's parent's liabilities would be in the nature of either neglect towards your husband and his cousin under the NYS Family Court Act, article 10 because they failed to supervise the children adaquately, or else in the nature of endangering the welfare of a child, or possibly importuning incest under the NYS criminal law for for the same reason. As to the Family Court Act, both your husband and his cousin are legally adults and therfore the Family court has no power to act to...

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Intrapment

If these are the entire facts of the case, then there is an excellant chance of beating the charges at trial. However, I suspect that the proof the officer would seek to show would not involve the defendant moving the vehcile on his or her orders, but would involve the operation of the vehicle while it was beingt was parked on the icy road. In other words, the offier would seek to prove the operator was intoxicated at the time the car was parked, not when the operator was ordered to move it.

NY DUI laws, probable cause

The previous answers are right on correct. Get yourself evaluated for substance abuse and enter treatment asap. Find an experienced local attorney to help you through this. You can call my office for a consultation

NY DUI laws, probable cause

The previous answers are right on correct. Get yourself evaluated for substance abuse and enter treatment asap. Find an experienced local attorney to help you through this. You can call my office for a consultation

Under NY state criminal code how long does a DUI charge stay on your public abstract

I have to disagree with an answer that says the DWI will be removed from your NY driver's abstract after ten years. I have personnaly seen records of DWI convictions appear on abstracts appearing up to 25 years ago. The ten year limit is used to determine if a new DWI will be charged as a felony or another misdemeanor. A second DWI charge within 10 years of a previous DWI conviction will be charged as a felony. Howevr, the previous conviction wil remain on the abstract for as long as NTS...

New York criminal procedure, time limit for filing charges for DUI

I am sure that what these fine New York City Attorneys advised about "DATs" is true. But outside of New York City the Dat does not exist. Outside NYC the usual way to charge the violation of Driving While Ability Impaired (DWAI), or the misdemeanor or felony of Driving While Intoxicated (DWI) is via a "UTT", or a uniform traific ticket. There are still other vehicles not of interest here. It is not that unusual for the arresting officer to fail to get the UTT's into the court by the...

Incarcerationg for drug possession felony a and b

There are several preliminary questions that would have to be answered before I could advise you on this question. However, generally, anyone who is convicted of a crime in the United States and especially NY can appeal his or her conviction. However, a notice of appeal should be filed within 30 days of sentencing. But an extention of up to one year can be had if there is a good reason. Criminal appelas can take up to two years to be perfected. Next, it would be critical to conduct a...