Christopher Jude Pelli’s Answers

Christopher Jude Pelli

Utica Criminal Defense Attorney.

Contributor Level 14
  1. How long a probation period should I expect? Will alcohol programs,dui education classes or outpatient rehab reduce probation?

    Answered about 2 years ago.

    1. Christopher Jude Pelli
    2. Benjamin J Lieberman
    3. Joseph A Lo Piccolo
    4. Richard C. Southard
    4 lawyer answers

    Your potential probation officer will have a good deal of control over whether you are released early or have to do the full five years. So, you have to convince him or her that you do not need the supervision. Getting the help you need and demonstrating that you've learned from therapy/counseling will go a long way. That being said, I have not ever seen any person let off of felony probation in less than two and one half years.

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  2. On the traffic ticket the date written and date affirmed are two different dates. Can I get out of it due to technicality

    Answered about 2 years ago.

    1. Joseph A Lo Piccolo
    2. Benjamin J Lieberman
    3. Christopher Jude Pelli
    4. Yefim Rubinov
    5. Michael J Palumbo
    5 lawyer answers

    The disparity in the dates is easily amendable. Hire a lawyer to fight it for you. If you can't, then fight it yourself. As far as defenses, it is a strict liability crime, so your defenses are very limited. Basically, if you were using the phone while driving, you're guilty. But you're not the one that has to prove that you were on the phone - that's the government's job. If they don't want to reduce the ticket to some non-point carrying infraction, make them prove their case.

    8 lawyers agreed with this answer

  3. Can I remain free without bail being set? does the fact that I work and have no felonies reduce risk of judge setting bail?

    Answered about 2 years ago.

    1. Christopher Jude Pelli
    2. Benjamin J Lieberman
    3. Joseph A Lo Piccolo
    4. Richard C. Southard
    4 lawyer answers

    In my experience, once a defendant is released upon their own recognizance, the courts do not later set bail unless you fail to show up for a scheduled appearance, or are charged with a new crime. Take that money and hire an experienced defense attorney.

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  4. My husband is being offered 2 and a half yrs with one year post release,for a drug charge

    Answered about 2 years ago.

    1. Christopher Jude Pelli
    2. Richard C. Southard
    3. Joseph A Lo Piccolo
    3 lawyer answers

    The prior violent will exclude him from going to Shock Camp; he could get a sentence of parole supervision (Willard) but both the judge would have to order it; and work release is possible, but completely up to the department of corrections.

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  5. I wasn't arrested or told I was going to be charged for sitting in a parked car while intoxicated, could I still get in trouble?

    Answered about 2 years ago.

    1. Christopher Jude Pelli
    2. Benjamin J Lieberman
    3. Joseph A Lo Piccolo
    4. Michael J Palumbo
    4 lawyer answers

    You're lucky that the officer let you go after blowing a .06 while still just 19 years old. You most probably will not be charged with anything - you should be fine. I have no clue about your car though!

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  6. Hi my son have a courth day,hi have a car exident,ander alcohol influence.But they find aut, his illigal ,put him ,imigration

    Answered about 2 years ago.

    1. Christopher Jude Pelli
    2. Benjamin J Lieberman
    3. Richard C. Southard
    4. Michael J Palumbo
    4 lawyer answers

    I read your question several times, and I think you're asking whether your son, who is here illegally, can be held by immigration after having served his 30-day sentence for DWI. I'm guessing that you paid the bond to immigration, 10k being a bit high for the DWI. My answer to that question is maybe, depending on when the DWI occurred in relation to the immigration bond. If the DWI occurred first, and immigration found out, and then you paid the bond, then he should be release after serving...

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  7. Am I going to have any criminal or FBI record

    Answered about 2 years ago.

    1. Benjamin J Lieberman
    2. Howard A. Schwartz
    3. Christopher Jude Pelli
    4. Richard C. Southard
    5. Joseph A Lo Piccolo
    6. ···
    6 lawyer answers

    Not for simply paying a civil demand.

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. Is it a crime for a not for profit organization to receive federal funds but disseminate false or misleading information?

    Answered about 2 years ago.

    1. Christopher Jude Pelli
    2. Benjamin J Lieberman
    3. Eric Edward Rothstein
    4. Richard C. Southard
    4 lawyer answers

    Yes, it's definitely a crime (perjury) to lie in a sworn statement, whether it be in writing or orally. Depending on how and what you became aware of, you should consider speaking with law enforcement.

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  9. Im 24 i register as a class 1 sex offender can i still move out with my daughter mother ? My daughter mother is 17 years old

    Answered about 2 years ago.

    1. Benjamin J Lieberman
    2. Christopher Jude Pelli
    3. Joseph A Lo Piccolo
    3 lawyer answers

    The mere fact that you are a sex offender does not prohibit you from living with the mother of your daughter. However, if you are on probation or parole, and one of the conditions is not to live with any persons under the age of 18, then you've obviously got a problem.

    5 lawyers agreed with this answer

  10. My father was deported in 2001 can i petition?

    Answered about 2 years ago.

    1. Steven Marc Raiser
    2. Joseph A Lo Piccolo
    3. Benjamin J Lieberman
    4. Christopher Jude Pelli
    4 lawyer answers

    Repost in Immigration section.

    5 lawyers agreed with this answer