Rebecca A Nitkin’s Answers

Rebecca A Nitkin

Rockville Criminal Defense Attorney.

Contributor Level 8
  1. Raped in Michigan, can the attacker be tried and prosecuted now? I read there is no statute of limitations for rape in Michigan.

    Answered about 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

  2. 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 3 months 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...

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

    Answered 3 months 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...

  4. 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 months 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!

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

    Answered 4 months 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...

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

    Answered 7 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...

  7. Writing to judge before sentencing

    Answered about 3 years ago.

    1. Johnetta Renee Boston
    2. Louis Michael Leibowitz
    3. Rebecca A Nitkin
    3 lawyer answers

    In a criminal matter a Judge is not allowed to review anything that the State and the Defense have not reviewed first. All mail and phone calls are intercepted by their staff. The Judge is not allowed to speak with the Defense attorney unless the State's Attorney is present. The Judge is not allowed to speak to the State's Attorney unless the Defense Attorney is present. No one may speak with the Judge while a case is pending. THat would be an "Ex-Parte" communication. For example, what...

  8. How do i go about clrearing my husband record

    Answered about 3 years ago.

    1. Rebecca A Nitkin
    1 lawyer answer

    The case for identity theft is the problem. Fingerprints don't get switched, but people have the same names. What you can do is have a copy of the arrest/conviction that is causing the problem and the copy of the ICE decision clearing him after proving that he was not the person who committed the identity theft. You can't expunge the identity theft because he was not the one who committed it and it is obviously a conviction. Convictions can't be expunged. This happens a lot. Think of a...

  9. Is this self defense or second degree assault

    Answered about 3 years ago.

    1. Mark William Oakley
    2. William Lawrence Welch III
    3. Rebecca A Nitkin
    3 lawyer answers

    It is an excellent defense; unfortunately you first must convince the Department of juvenile services if they allow you to have an informal hearing or the Assistant State's attorney if they don't. If none of that works--the Judge. That means you need an attorney. Hopefully, you have been reporting the bullying behavior to the school and keeping the e-mails and journal contemporaneously for your records to present to your attorney who will know what to do with them evidentiary wise. Good Luck....

  10. How should I properly move out of my girlfriend's house without incident?

    Answered about 3 years ago.

    1. Florian Eqrem Tabaku
    2. Rebecca A Nitkin
    2 lawyer answers

    It is extremely important that you move out when she is not home. You must also have a witness. This is usually a a precursor for domestic violence charges. With respect to lease agreements and financial arrangements keep up your end of the bargain by sending what you owe by check so you have proof of it. Give notice in writing if that is required AFTER you move out. A few dollars lost will save you attorneys fees in domestic violence charges. I also believe you should discuss what...

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