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Arik Tzvi Ben-Ari

Arik Ben-Ari’s Answers

43 total


  • How could he release from criminal custody?

    My brother case 35 to life , and he stay in jail for almost 20 years , my question is can he deportation to china, and what can he do to let the criminal custody release him and post his case to immigration office to sent him back to china, Is a...

    Arik’s Answer

    You need to find a New York attorney that handles immigration and criminal defense. Try looking on Avvo's find-a-lawyer feature for those specialties. Try and find someone close to the prison so they can go and visit your brother to get more specifics on the case.

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  • Detainer hearing

    My husband did 2 1/2 years for a case he plead guilty for he had time served upstate . He has no open cases but he was sent back to county because he has detainers. Because he had a direct violation for catching a case while on probation will th...

    Arik’s Answer

    The truth is that there's no way to know exactly what a judge is going to do. Every judge is unique in the way they make decisions. That being said, the most important thing is to find out what the probation officer is going to be recommending at the gagnon 2 hearing, which is the hearing where it will be determined if there was indeed a violation and then where the judge will determine the sentence. Make sure he has a good lawyer or a public defender working the case in advance. It's very important to know what the recommendations will be before you get into court.

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  • DUI - I was pulled over for suspected DUI on Sunday night. First time for this and looking for more information and a lawyer.

    I took the blood test. The police officer asked if I had any medical/physical disabilities, I told him I did. He strongly "advised" me not to mention this when I get booked otherwise I'd have to stay longer. At the jail in the parking lot he fill...

    Arik’s Answer

    Tough situation and I'm sorry you went through that. We all want officers to act with some sense of integrity and nobility but such is rarely the case. The reality is, most DUI cases do not go to trial. You need to get a competent attorney to represent you and present you your options in a manner that you understand them. Be sure to get an attorney that actually goes to trial and tries cases. Many say they do but only stand next to their clients and have them plead guilty. If your case did go to trial, this story could be used to attack the credibility of the officer's testimony.

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  • 3- 1st time charges/int poss cont subs by per not reg 2. use/poss of drug par/3. careless driving in pa. what will happen?

    I am 23 years old and I was not arrested but I want to know what will happen to me, this is my first offense for all 3 charges. will i have a criminal record?? please advise me, I don't know how much this will all costs, can u give me an idea?? ...

    Arik’s Answer

    Delaware County prosecutes any and all drug offenses fairly aggressively. Most law firms will charge between 650 and 1500 for your preliminary hearing. It's certainly worth it to make sure you have great local counsel by your side when facing these charges. If this is a first offense, you may be eligible for a first offender program to keep you from having a conviction on your record.

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  • Suing when drug dealer follows you into rehab

    The drug dealer stalked my son when he entered rehab. He finally entered the rehab center for treatment. The rehab center was made aware of the fact that he was a stalker, drug dealer, predator and thief. They allowed him to enter the rehab cente...

    Arik’s Answer

    Unfortunately, the rehab centers are sometimes more interested in getting paid for filling beds than they are in proper treatment. If this happened in Delaware or Chester County, I'd be happy to have our civil team take a look at the facts. I certainly think a lawsuit would serve to teach them a lesson on priorities.

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  • Can weekends be trasferred to a different state?

    A friend of mine has a year of weekends in Oneonta County, NY is there anyway to trasfer the sentence to Delaware County, Pennsylvania?

    Arik’s Answer

    No. In fact, weekends can rarely even be transferred between counties. Many of my cases in Delco involve out of state residents. Frankly, your attorney should have worked out some alternative type of sentencing structure for you if you have to be traveling long distances for weekends. First, it's inconvenient, and second it risks that you'll be late one of the weekends if you're stuck in traffic, which will cause an entirely new headache as the prison could then refuse to release you at the end of the weekend. You may want to consider hiring another attorney to file a motion to amend your sentence to something that makes more sense.

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  • Is it right or legal by the police to tow my unregistred vehicle off my property?

    my van was parked in my yard unregistred and was towed by the police dept, in Darby Pa

    Arik’s Answer

    The police rarely provide people with the reasons they do what they do until they're forced to in an affidavit of probable cause or in a courtroom. If they towed the vehicle simply because it was unregistered, then no, it wasn't legal. That being said, it's very unlikely that's the only reason they towed the car. If you want the car back or to get some answers, you'll probably have to have an attorney contact the department on your behalf and demand some answers. If that is unsuccessful, you'll need to file something with the court to either request a return of your property or to demand that the department put forth any legitimate basis for their actions as a matter of record.

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  • Does this infringe upon any work laws that I can take legal action with

    ' Hello, I was just let go from a job that I worked on average 40+ hours a week without collecting overtime (and it was under the table). I had been working for almost two weeks and was let go due to a 'difference in style' of conducting busines...

    Arik’s Answer

    Unfortunately, in this situation, Pennsylvania is an at-will state and you have no redress for improper termination that I can see under the fact you've provided. The fact is that your employer can fire you for almost any reason in the world, as long as it's not a reason forbidden by law... like firing you for being part of a protected class of citizens (race, religion, etc.) There may be some issue with the fact that the employer was paying you illegally under the table and not withholding taxes... for those issues you may want to consult with an immigration lawyer in Delaware County. Try finding one here on Avvo.

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  • Is it ok for a landlord to increase your rent 8 mnths prior to your anniversary date if you have a year to year lease?

    I live in Philadelphia and recently moved out of my landlord apartment. The lease that I signed was a continues year to year lease unless either party gave a 2mnths notice, which neither one of us did. The last year of my tenancy the landlord i...

    Arik’s Answer

    • Selected as best answer

    It sounds like it was a breach of your agreement, but that of course depends what's in the agreement. In landlord/tenant law, almost everything surrounds what was agreed to in the lease itself. I would suggest bringing the lease to competent attorney, perhaps one that you find on AVVO, and pay them a small flat fee to do a quick review of the lease for you.

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  • Is this enough to File for Contempt of Custody in Philadelphia?

    I have sole physicial and shared legal custody of my son. In the Custody Agreement it states my ex is to pick up and drop off our son on his scheduled times. For the past 4 times our son was scheduled with my ex, he has not dropped off our son (he...

    Arik’s Answer

    Listen, the reality is that you want to make sure that your son is in a safe environment, and if your ex refuses to provide you with details of his whereabouts and care during his custodial time then you should probably get into court and force some answers.

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