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Rebecca A Nitkin
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Rebecca Nitkin’s Answers

89 total


  • 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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  • I was in a car accident in February. I went to court for failure to obey traffic control. The violation was dismissed.

    I was told that after the case was dismissed or dropped I could go back to sue the driver of the other car. Can you help me? I believe that the other driver was at fault.

    Rebecca’s Answer

    Well, it depends what you did between February and now. It has been eleven months. Did you see doctors, go for therapy, report aches and pains? Did you do nothing for over ten months and now that your case is dismissed for whatever reason ( no one showed?) you want to sue someone. If you aren't hurt, if you weren't hurt, if you have no injury and you just think the other side is at fault, who cares. That is what an accident is. Before you waste an attorney's time, what is it that you want.
    Did you miss work? Did you pay hospital. Bills out of pocket? Did insurance not cover your car? Are you still injured and can't return to work? Does a part of your body not work because of the accident? What?

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  • How can I help a 15 yr old that has run away from a group home?

    Is it possible for me to take her in?

    Rebecca’s Answer

    No, you can't take her in to her home without advising everyone immediately, the group home, her social worker, her appointed attorney. She is in the care and custody of the Government, the department of Social services. You should call their emergency Child Protective Service number and notify them that you have a group home runaway and give them all of the information. The emergency worker will take a report and get it to the placement team that put her there. You need to keep names, numbers, times and notes on everyone you speak to so you don't get into trouble. You must tell the child that you are required by law to contact everyone. They will have emergency CINA hearings that you will attend with her. Who knows, you may end up a placement option BUT you must do it through and with the system at least until she is 18. You also must analyze her options with the group home. Sometimes these homes help transition 17 year olds into independent living quarters and you don't want to interrupt that program/process if it is available to her.

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