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Rebecca A Nitkin
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Rebecca Nitkin’s Answers

91 total


  • My brother took a plea for third degree burglary being told that it will hold a misdemeanor in 07 but it was a felony for 8.00

    He was with a friend who was charged with 2nd degree rape. All the boys took a plea and my brother took a plea for 3rd degree burglary and was told that it would a misdemeanor. Upon him trying to get a job he was told 10 years later that he was d...

    Rebecca’s Answer

    Most plea agreements are put in writing and they indicate whether the crime is a misdemeanor or a felony. Additionally, the judge usually states it on the record before accepting the plea. Before hiring an attorney to say your original attorney messes up , I would pull the file, look at the plea agreement and listen to the proffer with respect to the plea on the record.

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  • What's would the conviction and sentence for an 18 and 17 year old male committing murder?

    My oldest brothers bestfriend has brutally raped me for the past two years. My brothers recently found out(without my knowledge) and intentionally killed him together. What will they be convicted with, what will the sentence be and will they be se...

    Rebecca’s Answer

    Oh my goodness my dear child. Say nothing. Delete your post. It can be tracked to you and then your brothers. Talk to no one except an attorney for you only. Do not tell your story to anyone except confidential sources, an attorney, a psychiatrist for you. They may not disclose as the deed has been done and is not pending. As counsel has stated, your brothers are facing life in prison without parole or even the death penalty depending upon where the murder occurred.

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  • Can i be arrested for public intox 4 days after the fact??

    drunk in public

    Rebecca’s Answer

    Sure, it was witnessed, the events were memorialized by the officer who then applied for a statement of charges and requested that a summons be issued. There was enough probable cause according to a neutral magistrate to issue the same. If there is a problem with proof---save it for trial.

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  • My wallet was turned into the police station and apparently the police had found drugs in it. Drugs are not mine am I guility ?

    My wallet was found and turned into the police . Apparently drugs were found in my wallet. but the drugs are not mine..am I guility? The police want to talk with me now, it's been over three weeks since my wallet has been missing. Should I go reco...

    Rebecca’s Answer

    The wallet has been out of your control and custody. You certainly are not guilty at this moment. If you go talk to the police, who are looking for a confession, I assure you, things will change quickly. This case can't be made until you mess it up. I am sure you canceled your credit cards and got a. New license by now. If there was any money in the wallet, it is gone. Why do you even want the wallet? Get a criminal defense attorney, s/ he will take care of everything for you.

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  • I was fired from a job for stealing.... See details.

    I was fired for stealing, I pay restitution every month. Since being fired I've received treatment at a psychiatric hospital. I was diagnosed with borderline personality disorder, schizotypical personality disorder, bipolar, and schizophrenic ten...

    Rebecca’s Answer

    You never mentioned if this went through a court or you just worked out restitution in exchange for not being criminally charged. It is not the job's fault that you have mental health issues that you never addressed. If they allowed you to pay what you stole instead of arresting and charging you they still can do that if you stop paying what YOU stole. If you are charged criminally, your impulsivity issues probably won't rise to the level of not criminally responsible. Therefore, you will probably have to pay the restitution through probation anyway. we don't ow the facts, but mental illness dies not excuse bad behavior. You should be on medication now that helps control your behavior. I am sorry no one helped you with that before you stole from your employer. Go for a free consult with a criminal attorney to explore your options.

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  • I recently applied for a warehouse job with amazon. I was told that I got the job, then after they ran my criminal background...

    I recently applied for a warehouse job with amazon. I was told that I got the job, then after they ran my criminal background and told me that I don't have the job. the cases they were referring to were dismissed and I requested a dispute/appeal, ...

    Rebecca’s Answer

    In most states no one has to hire you and you can be fired for any reason at all ( at will state). If your case was dismissed then you need to have it expunged so this won't happen again. It is relatively inexpensive so get a criminal attorney and get it done.
    What are you suing for, amazon has a policy and your record breaks it, period. There is no discrimination. They don't even need a reason. Just expunge it.

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  • Triple count time served in Ohio

    Sent back to prison weeks ago, awaiting pretrial on new charge that the lawyer keeps continuing. Does the triple count apply?

    Rebecca’s Answer

    As my brothers indicated, if your attorney asks for the continuance it stops the speedy trial clock, however, you are still getting credit for every minute in jail towards any sentence for the new charge.
    Having said that, your attorney probably has a good reason for continuing case and has probably explained it to you. You are already in jail serving a sentence so you can't be out anyway. You have indicated that it is only weeks and speedy trial is 180 days which is six months. ( and you are getting credit for new case during continuances), so, it seems like you are jumping the gun. Lawyers like to be prepared and you usually can't be in weeks.

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  • Can parole be transferred from nys to florida for a violent felon?

    I have a friend who is currently incarcerated and wants to know if it possible (when he gets out) to transfer his parole to Florida. He was convicted of violent felonies.

    Rebecca’s Answer

    It is difficult because you have to get Florida to accept your friend and Florida doesn't want a violent convicted criminal. It takes hiring an attorney, proving ties to the community ( Florida), property ownership, living accommodations , employment guarantees, and family and community support just to start. It is like preparing another sentencing. Again, very difficult, but not impossible.

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  • Is it extortion if someone OFFERS you money not to do something you were originally going to do?

    I told him that I was going to reveal his adultery to his wife. I did not ask for money. He offers me money (a lot) not to. If I accept, is this extortion? I never demanded the money from him. I have proof that he offered too.

    Rebecca’s Answer

    This is not extortion by law . What this is, is a moral situation. You have to figure this out by using your own compass. Who are you more responsible to, if anyone. Is the woman your sister, a relative, someone you morally should be protecting or not? We all live with our choices in life and karma is a hell of a thing.

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  • Looking for a criminal defense lawyer.

    I am looking for a criminal defense lawyer in Columbus, Indiana. I would prefer to not spend a lot of money, but I realize with my situation I might have to. It's for a probation violation.

    Rebecca’s Answer

    Go to AVVO and get to criminal defense in Columbus , IN. Check out all of those attorneys and you will find one you are comfortable with by the reviews. You can also go to Super lawyers in criminal law in Columbus, IN. And find attorneys the same way.
    With respect to a probation violation, do everything you were supposed to do and bring it to the attorney and that will help reduce your fee. If you were supposed to do AA and you didn't , do it; classes, do them; anger management, do
    it. Obviously if it was failure to report.....document a history of all the terrific things you have been doing with your life instead! Good Luck!

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