Rebecca A Nitkin’s Answers

Rebecca A Nitkin

Rockville Criminal Defense Attorney.

Contributor Level 7
  1. Can I get in trouble for accidentally viewing child pornography?

    Answered 15 days ago.

    1. Rebecca A Nitkin
    2. John E DeVito
    3. Joseph Caulfield
    4. Jay Scott Finnecy
    4 lawyer answers

    Only you know if you were searching for child porn and sharing files, etc. If you were, you are on your way to getting in serious trouble as you don't accidentally click on child porn. Now, if it was a pop-up, I believe you are being scammed. There probably is no evidence on your computer that you are possessing child porn in violation of the code. You probably got a flash of a virtual child, not a real child--followed by the threat which you mentioned--which will be followed by a demand...

    2 lawyers agreed with this answer

  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. I was accused of Second degree Assault and it was put on a stet docket for 1 year. Will I go back to jail if it comes back ?

    Answered about 22 hours ago.

    1. Scott R. Scherr
    2. Jeffrey B Henry
    3. Rebecca A Nitkin
    3 lawyer answers

    You did not serve time for three failure to appears. Each failure to appear is attached to one case or three cases---we can't tell. You served the time for the crime, you were in jail for failing to appear, you got credit for the time you sat in jail towards the case for failing to appear. You have a case on the STET docket for assault. It is on a shelf. You get no credit for that. You were told to stay out of trouble and it will stay on the shelf. You got into trouble again, for another...

  7. Im 17 and got caught shoplifting, help!!

    Answered 3 days ago.

    1. John Robert Francomano III
    2. Mark William Oakley
    3. Rebecca A Nitkin
    3 lawyer answers

    Lucky for you, you are still a juvenile so this will not go on your adult record. The crime is charges in the state that the crime occurred in. I can only explain Maryland. You and your parents will receive a Notice insisting that you and your parents appear at The Department Of Juvenile Justice and Family and Services. You will be asked many questions about your personal well-being: drugs, alcohol, suicide, abuse, sex abuse, bullying. They want to make sure you are safe and healthy. They...

  8. I am most likely to receive a PBJ this Monday, I was wondering when I can expect to take my first urinalysis test?

    Answered 3 days ago.

    1. John Robert Francomano III
    2. William Lawrence Welch III
    3. Rebecca A Nitkin
    3 lawyer answers

    You can never expect to take it as that is what random urinalysis is all about. So, always be prepared to take it! Also, it is not always ordered in PBJ cases, first offenses if you have provided months of treatment and clean urines. Sometimes enough is just enough! Good Luck!

  9. Police told me not to file attempted rape and sexual charges against my ex because it would "hurt their case". Is this normal?

    Answered 9 days ago.

    1. Mark William Oakley
    2. Shawn A Gritz
    3. Rebecca A Nitkin
    3 lawyer answers

    What you have been through is horrific. Generally citizen's complaints, or charges filed by citizens before a commissioner, are misdemeanors and are normally set in for screening before non state's attorneys. The way the police presented their reasoning wasn't explained very well. What they are saying is essentially, this is an extremely horrific crime.....like murder and kidnapping. We need to do our job FOR YOU. This is not your responsibility. Give us adequate time to interview...

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

    Answered 4 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...

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