Skip to main content
Rebecca A Nitkin
Avvo
Pro

Rebecca Nitkin’s Answers

89 total


  • 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 ?

    I'm a US veteran and I served time for 3 Failure to appears in May of 2014 and was released with time served on July 23rd. I went to court for the second degree assault charge and the judge put it on a stet docket for 1 year. My girlfriend and I g...

    Rebecca’s Answer

    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 assault, possibly with the same "victim", maybe not. You have credit in jail for that case from October 14th-November 21st. What can you do besides get an attorney? If you fight after you drink, stop drinking, attend a program, attend AA, get evaluated and bring proof of the same. If you have anger issues, go to Anger Management and bring proof to court. If you are having issues like PTSD, get help through Veteran's Affairs and bring proof. Domestic Violence is extremely serious and if pictures were taken of injuries, etc., it is not going away especially with another one on the STET. Everything you do for this case will help with the other case IF the state chooses to remove it from the STET. Good Luck.

    See question 
  • Registration requirement has expired is removal a civil or criminal case

    i want to petition the Washington state court to be removed from registry will i need a lawyer. my offence was from out of state

    Rebecca’s Answer

    The reason only two lawyers answered this question in three days is because this is a very specialized field. If you no longer have to register, removal should be very simple----the people you report to will take you off of the list. However, the laws changed and most people who believed that they no longer had to register found that they had to register for life. In Maryland, one attorney took on the State and won and she was able to change the law back to the way ot was originally for all of those people who were forced to register for life after they thought that they were finished. Unfortunately, even she is struggling getting each and everyone of those individuals off of the registry. Bottom line----you can't mess this up. You need to find someone who knows how to deal with this specifically and there are not too many of us who do.

    See question 
  • How much time for a first offense veteran whos girl lied about her age?

    My brother is 34 navy Vet.. he met a girl online who cliam she was 19 and looked it shes from conneticut.. they started dating and they had sex in ny..well as time went along he start catching her in lies n discovered dat she was 16 n had anger is...

    Rebecca’s Answer

    Wait just a minute young lady! 16 is illegal if it is solicitation on the internet but that is not what this says! They met on line and she chose to date him and chose to have sex with him. Most statutes stop at 15 years old with the sex offender being 20 and four years older. Many are 14 or 15 and the person engaging in sex is at least 21. At least in Maryland, 16 is legal unless solicited on line (like Backpage or prostitution because they are minors until 18). A sixteen year old may choose to have consensual sex with whomever she chooses, unless engaging in prostitution, obviously. You can take all the emails and threats to and requests for money, etc. to an attorney who can help you get her prosecuted and perhaps restitution. You could do this directly with the State, but I do not know the laws of your jurisdiction and would never want you to make a mistake and get your brother in trouble with a sex offense. THis needs to stop now.

    See question 
  • Im 17 and got caught shoplifting, help!!

    I got caught shoplifting at a store in the mall. It was a hoodie, there was a lp/ police officer that asked me some questions like my weight, school, name, address, and height. Adter a while of them asking me questions, they said that im banned ...

    Rebecca’s Answer

    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 will ask your parents about your friends, if you follow the rules of the home, what your friends are like, if you drink, smoke, do drugs, how you are doing in school, etc. The healthier you are the faster you get out of there. If you have no other contacts that they are aware of you may very well just get closed out with a warning, or informal probation for 90 days where you do a program or community service or juvenile court or JETS class, etc. If there are problems they could petition the court to handle it there. Regardless it remains private within the juvenile system.

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

    I am from the Harford County area.

    Rebecca’s Answer

    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!

    See question 
  • Criminal Defense Lawyer attempt sex trafficking of a child under 18

    Cont.... The public defender and his investigator asked that I get names and number or any information concerning the victim. People who knew her before my son. So therefore I did as. They asked and neither one of them called anybody. They never...

    Rebecca’s Answer

    • Selected as best answer

    I realize this is extremely difficult for you. Your son is the client, not you. Your son took the plea, not you. It is quite possible that your son and the attorney discussed facts and circumstances of the case that they did not discuss with you. Many times I have to listen to mother's telling me how wonderful their son is when I know full well that they are responsible for heinous acts and the only way to save them from outrageous sentences is to work something out. I don't know the facts or the plea offer but it is your son who took it and your son who had to make the decision. I am sorry that you are suffering so much.

    See question 
  • I had to do a urine analysis for drug court which was recently assigned to me in Nevada, and missed today, what do i do?

    i am reeuired by the state of Nevada to take a urinary analysis 3-4 timee a week as of last week of which I have already completed 3 days but today I was supposed to go but missed it due to the fact that the letter they gave me with the hours on ...

    Rebecca’s Answer

    Absolutely, you can avoid jail. Do not freak out, just take care of it NOW as my brother's of the bar have indicated. Do it now just as they have advised. Show your paper that says 5:00 but make the call immediately. Keep that individual's name, number, date and time you called and THE MAKE-UP date.

    See question 
  • I recently accepted a plea deal on a harassment case but i feel it was unjust what can i do?

    my attorney refused to ask the judge to recuse herself from the trial, even though she had a non-professional relationship with the prosecuting party. i feel as though i got the short end of the stick, is there anything i can do to get another he...

    Rebecca’s Answer

    I have been an attorney for twenty years. Many of the prosecutors have been in the State's Attorney's Office for twenty years. Many of the Judges have been on the bench for twenty years. We all go to work, we are in adversarial positions, we sometimes share a happy hour. What does a non-professional relationship mean? They can't be having sex, for if they were, the attorney could not appear in front of the Judge. If they were x partners, the attorney could not appear in front of the Judge. If the Judge were married to a partner of the attorney, the attorney could not appear in front of the Judge. No one is going to lose their license to practice law for you. The Canons of ethics make sure you are safe from ethical violations. So what exactly are you talking about?
    What is the short end of the stick? You are the Defendant. You are the one in trouble. You had to answer a very extensive litany of questions making sure you knew what you were doing and you were sure that you wanted to take the plea? Correct? This was done on the record? Right? It was your voice answering those questions? No one had a gun to your head? There were multiple opportunities to say no and go to trial, correct? Yet, you took the plea because it was less scary and more certain than a trial? You can't pull the plea, you can't get another hearing and there is no conflict of interest unless you prove they are sleeping together.

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

    My ex raped, attempted to rape, and phsyically assaulted me several times over the course of a week. I finally reported it to the police. They told me to file a restraining order but NOT to press charges with the commissioner. They stated they wou...

    Rebecca’s Answer

    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 everyone and assist the State in making an airtight case so everything does not rely on you. Who knows, perhaps we will even get a confession! You need to go to the hospital for a sex assault evaluation and take care of yourself. We will do all of the work. Rape can not be tried in district court because it is a felony. The State needs other evidence however slight to corroborate your claims besides your word that this occurred. If it is your word against his word and nothing else, reasonable doubt will come in and he will be found Not Guilty in circuit court. I hope this helps you understand. Now, everything That Mark Oakley stated is what should occur.

    See question 
  • Should I worry about paying Walmarts civil demand?

    I was caught shoplifting at walmart with $54 of merchandise. None of it was damaged and it was all recovered. Police were called and I was not arrested due to being underage and it being an isolated incident. Loss provention gave me a letter tell...

    Rebecca’s Answer

    In twenty years I have never seen the out of state collection agency spend the money to sue the individual charged with theft. Do not pay it. If they ever decide to sue you they will have to hire an attorney in your state who would then have to contact you. You could then file a line indicating that you intend to defend the claim. In court or prior to you will have the ability to work it out. It will not come to that. DO NOT have any more contact with them. DO NOT explain the details of the incident.

    See question