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Rebecca A Nitkin
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Rebecca Nitkin’s Answers

89 total


  • 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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  • Am I in danger for jail time/ Hefty fine?

    I was given a theft citation and fine of 70 dollars for stealing money from my register at work. 5-10 dollars each week since October. I was called into the office where I sat with both managers, isolated from the rest of the staff. Police officer...

    Rebecca’s Answer

    This is probably a theft under 100.00 citation which probably doesn't sound bad to you , but it is. The crime of theft is a crime of moral terpitude. It means basically that you can't be trusted, you are a thief. If that ends up on your record it will hurt job opportunities forever. It sounds like you qualify for a public defender which is an attorney that you do not have to pay for. You need one. Get one now and stop confessing on line. Also, it is possible that the people that are needed to testify against you (the two managers, anyone who saw you take the money, the tape recording of you stealing, the person who makes the recording, notice for the same, etc. etc.) may not be in court and an attorney can win the case for you that way.

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  • Do I need an attorney for a "Notice of Point Suspension' hearing in MVA court? And what do you believe my chances are?

    I currently have 9 points accumulated on my license. My first two tickets were in May and June of 2013. My most recent ticket occurred in September of this year (2014) and now I must go in for a hearing which will determine if my license is suspen...

    Rebecca’s Answer

    Having been a Child Protective Service Investigator In Prince George's County for seven years I know how much you drive and what your salary is. Having said that, you have answered your own question--you "realize 9 points is a hefty amount to accumulate in such a short period" and "If I cannot drive then I cannot work". You need to be aware that notices go out at three points, you have nine. You have a lot to work with but this is very important and, therefore, you need someone who does this for a living to assist you. Good Luck.

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