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Thomas James Carr

Thomas Carr’s Answers

8 total

  • My 17 year old son got caught shoplifting at Macys, arrested, and will go to juvenile court. What's going to happen?

    My son is going to a juvenile court soon. A lawer will be given to him. He stoled over $100 worth of stuff. Its his first time being involved with the cops. He got caught lying to the cops but thats because he was scared. He learned his lesson b...

    Thomas’s Answer

    Your son is not going to juvenile court - he's going to adult court. In NY, once you're over 15, you're no longer a juvenile as far as criminal matters are concerned. Even if he were convicted or plead guilty to the charges - Petit Larceny - he would be adjudicated a "Youthful Offender" which would seal the case. He would not have a criminal record as a result.

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  • Traffic Law

    I am wondering if someone could help with the correct wording to the DA to convince him/her to drop this ticket. Let me explain why. First, I lack sufficient income. I get less then $30.00 every month. AND that is split up to $14.50 every two w...

    Thomas’s Answer

    If the lights were repaired, (even outside the 24 hours window normally given), and you can show that it was not your car - by bringing a copy of the title and/or registration to court, you may be able to convince the prosecutor and judge to grant an ACOD - Adjournment in Contemplation of Dismissal. However, a lot is going to depend on your driving record. You should also get a copy of your drivers abstract from DMV.

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  • First Time UPM--What should I do?

    hi i'm 17 and i recently got pulled over and got a upm ticket for marijuana that was in the passenger door (where i was sitting) in my friends car. I have never had any offenses with the law until this. I don't have much money to pay the ticket bu...

    Thomas’s Answer

    If you have no prior ACOD's or convictions, then you are probably eligible for a Marijuana ACOD (CPL 170.56) HOWEVER, if you are thinking about going into the military or other federal employment in the future, a Marijuana ACOD can be used against you in the recruitment/enlistment process. You should speak with an attorney before you agree to any disposition in court. The court will usually grant an adjournment in order for a defendant to consult with an attorney.

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  • Are drugs a mitigating factor in a case of robbery in the first degree???

    *substance abuse problem? *mental illness?

    Thomas’s Answer

    Voluntary intoxication, whether by drugs and/or alcohol is not a defense, but may be used as a mitigating factor, or may be used as a basis to get into an ATI or Alternative To Incarceration program.

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  • Felony hearings, do they only occur if a person is still not out on bail???

    Or can a person who's been bailed still do a felony hearing?

    Thomas’s Answer

    It depends on the county in which the charges are filed. In Brooklyn, cases are presented to the Grand Jury within the time period required for a felony hearing which renders such a hearing moot. In other counties, such as upstate counties, felony hearings are the norm and are often used as a negotiating tool to get a lower bail recommendattion, or a better SCI offer.

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  • Do I need a lawyer

    I am on 5 years felony probation for auo 1st degree I just got a dwi on probation which is gonna be a felony what do I do

    Thomas’s Answer

    Yes you do. As a general rule: if you think you need a lawyer, you need a lawyer. If you are convicted on the felony dwi, then you can expect that your probation will be revoked, As a second felony offender, you are facing state prison time.

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  • ACD charge!

    3 years ago I was arrested for possession of marijuana and 2nd degree trespassing. I had gotten a desk appearance ticket which led to the ACD and community service. I am currently trying to enlist in the army but they are not allowing any possessi...

    Thomas’s Answer

    Unfortunately, i have seen this happen way too often with ACD's granted under CPL 170.56. Because there is no direct federal equivalent, the military equates the period of the ACD to a period of probation, based on a drug conviction. I suggest you get a copy of your criminal history from the Division of Criminal Justice Services to see what shows up. Just because your case was supposed to be sealed, doesn't mean that it was sealed.

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  • I was a home health aide, I am being falsely accused if stealing jewelry from a client. They called the police and the police

    And the police contacted me and want to interview me. When the police spoke to me on the phone he told me to bring the jewelry with me even after I stated I rid not steal it. He said " bring the jewelry you took before this gets ugly," but I am in...

    Thomas’s Answer

    You should never talk to the police if you are suspected of committing a crime. They will use anything you tell them against you. You should retain an experienced criminal defense attorney and have the attorney deal with the police from this point forward. Often, the police need a statement from a suspect in order to provide them (the police) enough evidence to make an arrest.

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