Rebecca A Nitkin’s Answers

Rebecca A Nitkin

Rockville Criminal Defense Attorney.

Contributor Level 6
  1. What does plea and sentencing held means when you recieve probation before judgment

    Answered almost 3 years ago.

    1. Abraham Fernando Carpio-Gonzalez
    2. Debra A Saltz
    3. Rebecca A Nitkin
    4. William Lawrence Welch III
    4 lawyer answers

    The conviction was stricken under the Criminal Procedure Article 6-220 which means that there is no conviction for the purpose of any disqualification or disability imposed by law because of conviction of a crime. You do not have a conviction so there is nothing to appeal. However, the case remains in the system. Usually in criminal cases a period of probation is imposed and if you violate the probation you end up back in front of the sentencing Judge who can send you to jail and reimpose the...

    1 person marked this answer as helpful

  2. If I get a false positive for methanphetimes because I just got out of hospital and had surgery?

    Answered almost 3 years ago.

    1. Eric J Trabin
    2. Rebecca A Nitkin
    2 lawyer answers

    If you want your job back and the company is saying you can get your job back you need to prove you do not take illegal drugs. Go to your own doctor and request a full lab work up and check the box for all of the illegal drugs (if in fact you really do not imbibe). Have your doctor who has been prescribing you all of the narcotics, pain meds, etc. and is also aware of the drugs that went into your system through anesthesia (ask him to use Dr.'s medical notes that he can rely on and reference...

    2 lawyers agreed with this answer

  3. REPLACING MY PD WITH A PRIVATE ATTORNEY....

    Answered almost 3 years ago.

    1. Edward Jacob Sternisha
    2. Peter M. Navis
    3. Karyn T. Missimer
    4. Clifford Michael Farrell
    5. Rebecca A Nitkin
    5 lawyer answers

    In our jurisdiction the attorney must enter their appearance within five days of being paid. However, sometimes the agreement stipulates the money will be held in escrow until x amount is paid and then they will enter. Due to the fact your attorney accepted money your attorney is now responsible for you and your case ethically. If you stepped foot in the courtroom for a hearing and your attorney was not present you would be asked if you paid her. You would answer yes and then the attorney...

    2 lawyers agreed with this answer

  4. 19 yr. old getting 15 yr. old pregnant.

    Answered almost 3 years ago.

    1. Ian Michael Wallach
    2. Antonio Arturo Cota
    3. Rebecca A Nitkin
    4. Paul Samuel Geller
    4 lawyer answers

    Attorney Wallach gave you incredible advice for your jurisdiction. It is not for all jurisdictions so any teens reading it should take note. In my jurisdiction the prosecutors do not care if the man is a stand up guy and there was consent. They do not care is he will be deported. They do not care if he will be on the sex offender registry for the rest of his life, therefore, limiting his ability to make a living. In every state the age is different, ours is 16 and the older person must be...

    2 lawyers agreed with this answer

  5. Raped in Michigan, can the attacker be tried and prosecuted now? I read there is no statute of limitations for rape in Michigan.

    Answered almost 3 years ago.

    1. Rabeh M. A. Soofi
    2. Adam Laurence Pearlman
    3. Rebecca A Nitkin
    4. Andrew Stephen Roberts
    4 lawyer answers

    This horrible rape occurred a very long time ago and it is quite apparent that you and your mother are still suffering greatly as a result of the same. your mother should be focusing on how fortunate she is to have you as a result of the horrible event and if not for that horrible event, she would not have been blessed with you. Sure, there is a possibility that your mother could proceed with rape charges. The DNA from the man and your mom and you may prove that you are a product of their...

    1 lawyer agreed with this answer

    2 people marked this answer as helpful

  6. Is it still possible for me to get crime expunged?

    Answered 3 months ago.

    1. Justin Wage Esworthy
    2. Benjamin Francis Bruins
    3. Scott R. Scherr
    4. Joshua Tobias Ortega
    5. William Lawrence Welch III
    6. ···
    8 lawyer answers

    You cannot post convict an attorney because you did not have one. You cannot file for Reconsideration because the time limit has passed. You were probably read all of your Voir Dire Rights on the record which address the rights you are giving up to enter the plea, not filing for Reconsideration. Those rights are given after the plea--were you made aware of them. The problem is that you listened to your mother. This is what happens when you don't have an attorney and you absolutely were...

  7. Writing to judge before sentencing

    Answered almost 3 years ago.

    1. Johnetta Renee Boston
    2. Louis Michael Leibowitz
    3. Rebecca A Nitkin
    3 lawyer answers

    In a criminal matter a Judge is not allowed to review anything that the State and the Defense have not reviewed first. All mail and phone calls are intercepted by their staff. The Judge is not allowed to speak with the Defense attorney unless the State's Attorney is present. The Judge is not allowed to speak to the State's Attorney unless the Defense Attorney is present. No one may speak with the Judge while a case is pending. THat would be an "Ex-Parte" communication. For example, what...

  8. How do i go about clrearing my husband record

    Answered almost 3 years ago.

    1. Rebecca A Nitkin
    1 lawyer answer

    The case for identity theft is the problem. Fingerprints don't get switched, but people have the same names. What you can do is have a copy of the arrest/conviction that is causing the problem and the copy of the ICE decision clearing him after proving that he was not the person who committed the identity theft. You can't expunge the identity theft because he was not the one who committed it and it is obviously a conviction. Convictions can't be expunged. This happens a lot. Think of a...

  9. Is this self defense or second degree assault

    Answered almost 3 years ago.

    1. Mark William Oakley
    2. William Lawrence Welch III
    3. Rebecca A Nitkin
    3 lawyer answers

    It is an excellent defense; unfortunately you first must convince the Department of juvenile services if they allow you to have an informal hearing or the Assistant State's attorney if they don't. If none of that works--the Judge. That means you need an attorney. Hopefully, you have been reporting the bullying behavior to the school and keeping the e-mails and journal contemporaneously for your records to present to your attorney who will know what to do with them evidentiary wise. Good Luck....

  10. How should I properly move out of my girlfriend's house without incident?

    Answered almost 3 years ago.

    1. Florian Eqrem Tabaku
    2. Rebecca A Nitkin
    2 lawyer answers

    It is extremely important that you move out when she is not home. You must also have a witness. This is usually a a precursor for domestic violence charges. With respect to lease agreements and financial arrangements keep up your end of the bargain by sending what you owe by check so you have proof of it. Give notice in writing if that is required AFTER you move out. A few dollars lost will save you attorneys fees in domestic violence charges. I also believe you should discuss what...

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