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Herbert Corky Goldstein
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Herbert Corky Goldstein’s Answers

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  • Hi! How can I prove ineffective assistance of counsel in a criminal case?

    Hi! How can I prove ineffective assistance of counsel in a criminal case

    Herbert Corky’s Answer

    A lot depends on what stage you are on at this time in the process. If you are suing an attorney who represented you and you were found guilty, you would best retain another attorney who would take your case. That attorney would review your allegations,etc., ask you questions about the representation, and review the transcript or transcripts of different parts of the case, and if the attorney felt you had a case, they will need to retain an independent lawyer who does criminal work to give an opinion letter or what is called a Certificate of Merit in order to file the suit itself. If you were found Guilty, and sent to prison, there will be forms to fill out in your quest to get a Post Conviction Hearing on the lawyer's ineffective work. If found Guilty, and not in prison, and you wish to file for a Post conviction Hearing, I suggest you consult with an attorney who will handle these kinds of petitions. There are many things that could possibly be proven regarding ineffective counsel. So it is very hard to say which allegation,if proven, would be sufficient. If you cannot afford private counsel, you will need the services of a public defender or try and get the Court to appoint an attorney to represent you. Understand, that what you might consider to be "ineffective counsel" might NOT be evidence of what you say happened. Just because you were found Guilty, is not ineffective counsel. Also, things you wanted presented, possibly the lawyer was not able to present or bring into the trial as it was not considered relevant. This is a very special area of the law, and many criminal defense lawyers will not take such a case, and many are not equipped to handle such a case. Look for lawyers who handle professional misconduct,etc. I could not answer your question with a simple answer,as these are very complicated cases. I believe most all criminal defense lawyers do everything they can to assist their client.

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  • Would a summary offense for retail theft come up on a background check for a job at a hospital ?

    I was with a friend who was shoplifting and she was caught. We both were charged with retail theft. I was giving the opportunity to take a class to have it expunged, but I was told it can take a few weeks. I was offered a job where I need to go ge...

    Herbert Corky’s Answer

    It will come up in a backround check, Sometimes, you might get lucky, and it won't come up. Possibly, the charge has not gone through yet. Take the class and have it expunged. It will come up soon. I would NOT take any chances. Retail Theft seems minor, but not to many companies,so please get it expunged,since you have the opportunity. It will then take time to go through the system to be expunged. Take care

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  • Can you be arrested for solicitation if not caught in the act

    I was in my car a prostitute was performing fellatio on me next to a factory. In the window above me in the factory a guy yelled out " your on camera ". Several minutes later I drove away and went home.

    Herbert Corky’s Answer

    In this case, yes. If the video shows you getting fellatio, and the prositute says you paid her, and the guy who yelled out the window are both witnesses, they could bring charges. However, if you go to trial over this, it will cost you money,but you could win. However, if you are married or in a serious relationship, this could bring either of those relationships to an end. I would hire a good criminal defense attorney,IF you are arrested, as the case MIGHT be thrown out at the Preliminary Hearing stage, Or, the charge could be reduced to a public indecency summary, and you would pay a fine. You also do NOT have to be caught in "the act itself". If you made a phone call or sent a text,etc. and money changed hands, that is enough. Maybe this was a sting operation,etc. See if charges are in fact brought, and then contact a criminal defense lawyer ASAP.

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  • When should a defense attorney be contacted?

    I was at a bar not long ago, the bouncer said something derogatory so I said screw off. Next thing you know he man handled me and we got in an altercation ending with both us a little ruffed up and him slamming my phone. Me I brushed it off, but f...

    Herbert Corky’s Answer

    If you know where(what police agency) he filed a report against you, I would call there and find out the Officer who is handling the report. I would then call that Officer, and tell him you would like to tell him your side of what actually happened. Maybe they won't bring any charges against either of you. Case closed. If charges are brought against you,contact a criminal defense lawyer IMMEDIATELY. In my opinion, just because he filed a report that does NOT mean there will be charges brought against you. But, again, if charges are being brought and he advises you that charges are being brought against you, contact an attorney right away. Good luck

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  • Do I need a civil lawyer?

    My grandmother did her finger prints and it came up deceased. Basically the Hawaii government is covering up her identity because she is very much alive.

    Herbert Corky’s Answer

    I doubt if the Government of Hawaii is covering up anything with your Grandmother. It is probably a clerical mistake. I would first go with your Mother to the local Social Security Office,as I assume she is getting Social Security, with all of her identification and birth certificate. They will give you direction on how to proceed. I would not rush to get an Attorney first, see what you can do on your own. You might also be in touch with the Bureau of Vital Statistics in Hawaii,and see if you can straighten it our for your Mother. Then you might want to see what the Bureau of Vital Statistics under the Dept.. of State in Pa. has on her, and see if they can help. If all else fails, then go to an Attorney who does estates for a consult.

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  • I wanted to know if my son's father can be around his son and take me for full custody he's a sex offender?

    Hello, I have concerns about my child's father he's a sex offender. Now I'm aware that all cases are different, however his charge is CT011 - SEXUAL CONTACT 06/03/05 and when I look it up in CT its 53-21(2) injury or risk of injury to or impair...

    Herbert Corky’s Answer

    Being around your son can be fought by him. If it was Not a child molester conviction, he might very well be given the opportunity for some custody,subject to your Primary Custody. If it has to do with child sexual contact as you say, he might get supervised visits. He will NEVER get full custody. Men with sexual misconduct with children convictions, will get supervised visits at most, at a safe place. However, if he can show that for ten years he has been under counseling, and a qualified counselor--psychologist or psychiatrist will testify for him, he might someday get unsupervised visits. A lot depends on what the circumstances were of his conviction Retain a good custody lawyer.

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  • My boyfriend is awaiting a blood test from a DUI charge over the weekend. is jail mandatory for 2nd offense? Can it be avoided?

    My boyfriend got pulled over for a DUI (2nd offense). There was no probably cause unless you count him not stopping at a stop sign for 3 seconds or longer (he still stopped) and increasing speed to 38 (speed limit 35). The state trooper took his b...

    Herbert Corky’s Answer

    There are options. You must get him a criminal defense lawyer. He will lose his license for 1 year if found Guilty. As to jail time, your Attorney can probably work out a house arrest for several months, BUT he can continue to go to work to earn a living. He might have to wear a leg monitor under his pants(around his ankle. It probably will not go to Common Pleas Court till sometime in the Fall, and he might not have his guilty pleas and sentencing till many months from now.. I would not have him plead NOT GUILTY, as he will be convicted, and then the chances of avoiding jail time will be gone. He might find the jail time easier then the house arrest. So, you do have options. But, not for the loss of his driver's license. Get a competent Attorney in this field of DUI. Good Luck

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  • Got Charged for retail theft of $26. I admitted to the police officer who then gave me a citation. First offense ever.

    So I stole 3 items worth of $26 and put them in a bag I had on me. After the checkout, a girl stopped me and asked me to go with her. I knew right away and when I got in they asked for the unpaid merchandise so I did so. Then they called police an...

    Herbert Corky’s Answer

    ARD is an excellent option. If accepted and you complete all the conditions, your record will be wiped clean,even the arrest will be expunged.

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  • I stole from my work and got caught, signed papers. what will happen?

    Loss prevention says that can prove $450 but if he keeps digging believes could be $900 or more so he said i would have to pay a total of $900 and I'm a minor and signed all papers without my parents or lawyer present and i was also fired .

    Herbert Corky’s Answer

    Since you are a minor, what you signed with your employer is not enforceable. They can still fire you in Pennsylvania. However, as for criminal law, if they turn this over to authorities, I would talk to your parents and retain a criminal defense lawyer. If you cannot afford a lawyer, you should apply for a public defender. Also, stop making statements on ANY social media about this situation. These statements could come back to haunt you, IF criminal charges are brought.

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  • Will I be sentenced in jail for Disorder Conduct Hazardous/Physi Off?

    It says grade s. Will the judge have he exact discretion of what was happening?

    Herbert Corky’s Answer

    It is a summary offense. The District Justice COULD sentence you to county jail for up to 90 days. BUT, that is very doubtful. You will be fined by the District Justice. You need not attend the hearing IF it is a Summary-you can Plead Guilty by the mail, and pay the fine. If you want a Hearing, the Court will set-up a date. Make sure it is a Summary Offense. If you are going to have a Hearing, retain an Attorney. If pleading Guilty, you need not hire an Attorney. If this is your first Offense, and you do not want a record of it on YOUR record, consider going into the ARD Program. It will take more time, but when you complete your ARD, your entire record of this ,even the arrest will be expunged.

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