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Rebecca A Nitkin
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Rebecca Nitkin’s Answers

91 total


  • Can I fight for my sex charge felony when I was 17 with evidence I didn't committed in 2009?

    Want to know if I can fight for my sex charge as minor? cause I have couple evidence to prove I was innocent but I was already convicted and I plead guilty. Victims mother walk into court room and told judge to drop charges against me but judge to...

    Rebecca’s Answer

    One option is a Petition for Actual Innocence which is something I am now participating in for a murder case. The State does NOT drop cases years later because someone says they are innocent and here is proof. All time lines for Appeals have passed. Most State's Attorney's Offices do not have integrity units and don't care. It takes an incredible amount of work and if the petition is granted it is a new trial. Do you have any idea how many people say they are innocent years later and here is proof? Talk to the innocent people in jail where only one eye witness said they were guilty twenty years ago and they are on death row with no DNA and now they have DNA.

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  • Do I need an attorney

    My fiance was sentenced to 18 months and transferred to another facility but on the docket it has committed on 12/1/14 and bail bond released on 12/4/14

    Rebecca’s Answer

    It doesn't look like you need an attorney. Your boyfriend went to jail and his bond was released. He paid bond to make sure he would show up for every hearing throughout sentencing. Paying bond allowed him to remain in the community instead of in jail. He showed up, he got sentenced and went to jail. The bond did its job so it gets released. If a bond person paid the full bond, you get nothing back because you paid them to post the full amount. If you paid the full amount, or ten percent to the court you or the person who paid will automatically get it back from the court released on 12/4/ 14.

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  • How long will my husband have to serve time

    Minor violation of probation driving with suspended license went to jail November 17 2014

    Rebecca’s Answer

    We can't answer this question . We would need to know how many times he has driven on a suspended license in the past, what his driving record is like, has he cleated his license, was he suspended for DUI or failing to pay tickets, was there an accident, how many points does he have, etc.
    Having said that , I always feel that if he misses Thanksgiving, and it is minor, there is a good chance to get time served for Christmas! Here's hoping!

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  • How should I respond to a neighbor who trespassed on my property?

    When I was backing out of my driveway one day, a neighbor intentionally walked onto by driveway and right behind my moving car. As soon as I saw him, I stopped. He made eye contact and acted as if nothing happened. I have a video monitoring sys...

    Rebecca’s Answer

    I really don't think starting something with your neighbor for walking behind your car while you are backing up is the way to go. I would make sure that you have notice that you are conducting surveillance and when you have evidence that a real crime is taking place---- and you have irrefutable evidence of the same, deal with it then. A report for walking behind your car and maybe walking on your driveway is petty. Allegations of vandalism with no proof doesn't fly and there is no nexus to the guy walking behind your car. Wait, get the evidence, make your case. That is what I would do.

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  • When a person is arrested (on a misdeamnor), can they be denied a court appointed attorney?

    My daughter was recently arrested for an assault (she hit her exboyfriend and father of her daughter on the arm out of anger during an argument). After she was arrested, she asked for a court appointed attorney and was denied. Why? Is there a r...

    Rebecca’s Answer

    If she posts bond, she may be proving income and , therefore, she is not eligible. If she is a minor, her parent or guardian is responsible and they have to show their income for eligibility for assistance. Now that she is out, she. Can reapply. With the appropriate documentation to see if she is eligible. If she is not, do not wait to hire an attorney.

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  • Should I check "yes" or "No" to the "Have you been convicted" question on an application?

    I'm currently finishing my community service hours. This was for a domestic violence case. There was no arrest. I pleaded "No Contest" and once I finish, my lawyer said the case will be dismissed. I just don't know if I need to check yes for ...

    Rebecca’s Answer

    • Selected as best answer

    Definitely do not enter yes if your case is going to be dismissed after the completion of community service. Obviously, check with your attorney instead of us , as with deferred verdicts, you usually don't enter a plea, there is a continuance or a Nol pros.

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  • Can a misdemeanor battery domestic violence related conviction be expunged

    I LIVE IN WISCONSIN GOT INTO A ARGUMENT WITH MY CHILDRENS MOTHER AND WAS CONVICTED OF A MISDEMEANOR BATTERY DOMESTIC VIOLENCE RELATED BACK IN 1995 WHEN I WAS JUST 19 (YOUNG AN DUMB) I WANT TO HAVE MY GUN RIGHTS RESTORED I WORK IN PRIVATE SECURIT...

    Rebecca’s Answer

    Look, you want to be an officer and this is twenty years old you can try a few things. Here, in our jurisdiction, your attorney should have filed a Motion for reconsideration. I would check to see if s/he or he did . If so, and you didn't have that hearing, I would request it, have the hearing and get your conviction stricken due to your perfect record. In three years the PBJ can be expunged. If the lawyer did not file you can get an attorney to look at the file and see of there is a way to get you back in jurisdictional ly........and if nothing, you can try for a pardon.from the Governor.

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  • I cashed a couple checks for my brothers girlfriend? The checks turned out to be stolen, am I at fault?

    I may have a warrant in West Virginia

    Rebecca’s Answer

    You do now and you just admitted here. We don't know whose name is on the check , why she said she had the checks, why you were sent to cash the checks, if you got anything to cash the checks, if you have priors doing this, if she does, etc., etc., you can't have a theft charge on your record and enjoy unlimited employment options in the future. You need to resolve this in your favor. Hire an attorney immediately, s/he will be working on restitution in full to the " victims" as well, so get ready. Good luck!

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  • I have been falsely accused of rape by mentally ill roommate .what kind of lawyer do I need . what steps do I need to take?

    I have given DNA sample and am not under arrest as of right now.

    Rebecca’s Answer

    As my brothers have stated, do not meet with the police and continue to assist in their investigation. When you speak, they write something down and it is used against you. There is no one there to say that is not what you said. It will say something to the affect, you admitted you were there that night, yes, you did notice that your roommate was extremely upset, you did put your arms around her to calm her and maybe , by accident you brushed her breast with your elbow. Just an example. Get an attorney, now, please.

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  • Ways to avoid minimum mandatory?

    In your personal experience as attorneys/prosecutors do you think the state will consider even 3 years of house arrest assuming i am employed, currently enrolled in school and this is my first offense? I was charged with marijuana trafficking, non...

    Rebecca’s Answer

    This is a rough one. I don't know Miami law but I will tell you I am killing myself with this problem right now. The problem is we have guns and drugs, not marijuana, and no prosecutor or Judge discretion;fortunately it is not federal. We know through research that the only chance in hell we have is to go before a three Judge panel after sentencing and all three Judges have to unanimously agree. That is our only chance. I have no idea if that is a viable solution in Miami. Good luck.

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