Rebecca A Nitkin’s Answers

Rebecca A Nitkin

Rockville Criminal Defense Attorney.

Contributor Level 6
  1. Can i leave the country with three counts of petty theft and one count of obstructing and hindering aginst me?

    Answered over 2 years ago.

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

    You are innocent until proven guilty BUT you may have conditions of release. Are you on pre-trial supervision? If so, ask for their approval. They may require that you ask the Judge's permission which may be done by Motion. Were you released on bond? Are there bond conditions indicating that you may not leave the Country? Were you brought before a Judge for a Bond Hearing? What conditions did the Judge impose? You may go back before the same Judge by Motion and ask permission to leave...

  2. Can 5 ppl be charged with possession of marijuana in one incident? They are minors & no drugs were found.

    Answered over 2 years ago.

    1. Jonathan L Katz
    2. John M. Kaman
    3. Rebecca A Nitkin
    3 lawyer answers

    Sir, we are in an age where the police are controlling our streets. Every day our kids get pulled over for no reason, forced out of the car and searched. they are handcuffed and the car is searched without any reason and a few seeds are found on the floor. They collect the seeds, no one sees them, send them to a lab for testing and it comes back "trace". In the meantime, the kids were issued a citation for paraphernalia and told to get out of here with the car. They lie. they always say...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  3. Do the courts have a right to my DNA if I am not a convicted felon or on parole or probabtion

    Answered over 2 years ago.

    1. Richard C. Southard
    2. Eric Edward Rothstein
    3. Benjamin J Lieberman
    4. Joseph A Lo Piccolo
    5. Howard A. Schwartz
    6. ···
    6 lawyer answers

    As my brothers and sisters have indicated, many misdemeanors are now on the DNA list. However, it sounds like you are a first offender. Please speak with your attorney about how distressed you are over having to give DNA. Was this known to you when you entered the plea? Does your jurisdiction allow Reconsideration of the Sentence? Was this filed within a timely manner. Can you offer the court more to show that you are worthy of the consideration asked; that being the striking of the guilty...

    1 lawyer agreed with this answer

  4. Felony Probation Possible violated? what could happen?

    Answered over 2 years ago.

    1. Rebecca A Nitkin
    1 lawyer answer

    I do not know what "got under advisement" means but I assume your agent will explain to the Judge that you violated your probation and ruined your opportunity for early release because of domestic violence. Instead of stepping you back (incarcerating you), you were allowed the privilege of remaining on probation with the condition of completing a domestic violence "class" which I am sure is a program and not a class. You did not do this. Then you got convicted of another domestic violent...

    1 lawyer agreed with this answer

  5. I am being charged with possession of small amount of marijuana and paraphernalia. It is my first offence. What should I do?

    Answered over 2 years ago.

    1. Michael James Duffy
    2. Adam D. Zucker
    3. Joyce J. Sweinberg
    4. Rebecca A Nitkin
    4 lawyer answers

    I do not know the laws in your state, but the stop sounds non-constitutional in my state. The search is bad too. Only you know if there was a smell. Only you know if there was any indication of paraphernalia indicating smoking: papers, burnt blunt, pipe, ashes, bong, etc. I doubt it. Finally, you have a serious medical condition and most judges, even if your state doesn't have medical marijuana, will listen when you bring in the statistics of all of the states that do have medical marijuana...

    1 person marked this answer as helpful

  6. If your 16 and have 2 closed charges can you still get a job? Or do you have to wait until you turn 18 to have a clean slate?

    Answered 9 months ago.

    1. Jennifer Ann Synnamon
    2. Rebecca A Nitkin
    2 lawyer answers

    Your charges were dropped. Additionally, they are on your juvenile record. In Maryland, no one may review your Maryland Juvenile record except the courts, the police and the State unless you specifically give them permission to do the same. For example, you wish to join the military and they require your juvenile record. Your juvenile record only comes in to play by the previous mentioned state entities for sentencing purposes if you receive a new criminal charge in adult court up until...

  7. Please give me some advice on a 1991 P.C. 314.2 case in San Diego. Is there anything I can have done. Help me please

    Answered over 2 years ago.

    1. Manuel Luis Ramirez
    2. Rebecca A Nitkin
    3 lawyer answers

    If I have read this wrong and YOU were the prostitute then that is a whole new can of worms. I have NEVER had a prostitute sentenced to state time or put on the registry. That should NOT happen and if it did please get to an attorney NOW. We can not figure this out on this listserv properly for you.

  8. Please give me some advice on a 1991 P.C. 314.2 case in San Diego. Is there anything I can have done. Help me please

    Answered over 2 years ago.

    1. Manuel Luis Ramirez
    2. Rebecca A Nitkin
    3 lawyer answers

    This is impossible to answer given the facts presented and worse yet, you are addressing one of the most complicated statutes of criminal law. First of all, the Supreme Court has ruled that the sex offender registry (SOR) is not punitive, and therefore, it can be retroactive to all criminal cases that qualify even though the Defendant's were never advised that the SOR would be a consequence of their plea. The Supreme Court has ruled that society' s interest in protecting individuals from...

  9. When a man shoots his wife in the face and then stands over top of her shooting her two more time what can he get for that

    Answered over 2 years ago.

    1. David Edward Boyle
    2. A James Rockefeller
    3. Rebecca A Nitkin
    4 lawyer answers

    Correction. NCR seems UNLIKELY

  10. When a man shoots his wife in the face and then stands over top of her shooting her two more time what can he get for that

    Answered over 2 years ago.

    1. David Edward Boyle
    2. A James Rockefeller
    3. Rebecca A Nitkin
    4 lawyer answers

    The history of beating her will demand the absolute maximum allowed by law. Obviously, if she died, he will die in prison. If she did not die, every conceivable charge will have a sentence that is consecutive . That means after he completes the maximum allowed by law for attempted first degree murder (which may very well be life without parole ) they will add the use of a weapon in the commission of a violent crime , which is a mandatory five. That sentence can't be reduced. This man, if...

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