Rebecca A Nitkin’s Answers

Rebecca A Nitkin

Rockville Criminal Defense Attorney.

Contributor Level 6
  1. REPLACING MY PD WITH A PRIVATE ATTORNEY....

    Answered over 2 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

  2. 19 yr. old getting 15 yr. old pregnant.

    Answered over 2 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

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

    Answered over 2 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

  4. Writing to judge before sentencing

    Answered over 2 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...

  5. How do i go about clrearing my husband record

    Answered over 2 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...

  6. Is this self defense or second degree assault

    Answered over 2 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....

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

    Answered over 2 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...

  8. Criminal attorney

    Answered over 2 years ago.

    1. Abraham Fernando Carpio-Gonzalez
    2. Rebecca A Nitkin
    3. Louis Michael Leibowitz
    4. William Lawrence Welch III
    5. Seth A. Blum
    5 lawyer answers

    In a criminal case if the Defendant is found guilty you must prove by actual medical receipts the actual costs paid for medical care. There is no pain and suffering, etc. The State does not believe you were injured, why do you think a Judge or jury will? You will also need actual proof of costs for that trial as well. You saying you were injured is not enough. When you file a civil suit the respondent has a right to defend and ask for his attorney fees to be paid if he/she wins.

  9. Expungement of charge or pardon

    Answered over 2 years ago.

    1. Louis Michael Leibowitz
    2. Rebecca A Nitkin
    3. William Lawrence Welch III
    3 lawyer answers

    Unfortunately only the President of the United States (forget that) or the Governor (rarely) can pardon you. You can hire an attorney to petition the Governor for the Pardon but please expect to lose your money. There is one other relief that is available. If your attorney filed a Motion for Reconsideration within 90 days of your original sentence, you can go back to court and ask the Judge to reconsider the conviction. If your record is as you say, the Judge would be delighted to. Then you...

  10. Do I need a fraud lawyer?

    Answered over 2 years ago.

    1. Florian Eqrem Tabaku
    2. Rebecca A Nitkin
    3. Ronald Lee Burdge
    3 lawyer answers

    Yes, I believe you do by virtue of the concern you are showing. Say no more and ask nothing further on any websites. This is a hybred concern between criminal and employment law and that is the area of law you are focusing on. It is essentially white collar criminal law but on the lower end of the spectrum and that is how I would describe it when doing your initial screening of attorneys. Look on the AVVO list site in your area. Check Super Lawyers List too. You will work it out, but do not...

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