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Denis Petre

Denis Petre’s Answers

8 total

  • Can a police officer selectively give out tickets when he pulls somebody over?

    Denis’s Answer

    The officer might have only given tickets for what he observed. He might not have noticed that the driver was not wearing a seat belt. Your father should consult with a Traffic attorney. Good Luck!

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  • NYSConditional discharge and international travel.

    Denis’s Answer

    If you are planning to take a plea deal that has a condition discharge attached to it you should consult with an Immigration attorney before accepting the plea. Leaving the country should be the least of your concerns. The major issue is whether or not you are planning to return to the United States. After you depart the U.S. it may become an issue to regain entry depending on what you were convicted of. Furthermore, if you plan on living in the U.S. permanently some time in the future you want to make sure that you do not hinder that opportunity by accepting a plea that would make you deportable due to moral character issues. Good Luck!

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  • What are mitigating factors that carry a loy of weight in court?

    Denis’s Answer

    Ties to the community, gainful employment, family to support and most of all the reason the alleged crime was committed. Each case arises out of its own set of facts and circumstances. There is no way to know what mitigating factors if any will carry a lot of weight until you understand why the alleged crime happened in the first place.

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  • I was arrested and charged with assault in 3rd degree and later it was dropped do disorderly conduct can i get deported ?

    Denis’s Answer

    Disorderly conduct is a violation of penal law 240.20 which is not a crime. In general pleading guilty to a violation and not a crime should not trigger deportation. However, when a person has any contact with the law and wants to apply for citizenship I recommend hiring an immigration attorney to deal with any moral turpitude issues that may come up. Good Luck!

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  • Need a criminal attorney

    Denis’s Answer

    I recommend you seek out an attorney who practices in Albany. Your best bet is to find someone who is from the local Bar there. Good Luck!

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  • Difference between 1192.2 and 1192.1 in NY State- Background Check

    Denis’s Answer

    (1) To my knowledge they will both show up on a background check. (2) It is a huge difference that is definitely worth shooting for. 1192.1 is a traffic infraction while 1192.2 is a misdemeanor. Remember, many employers outside of City, State or Federal jobs only ask if you have ever been convicted of a crime. If you take an 1192.1 you can answer no to that question because you have only plead guilty to a traffic infraction not a crime. However, if a question on a job application for example asks if you have ever been convicted of a violation you would answer yes but remember it is not a crime so it would be much easier to explain.

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  • First time offender, Being charged with Grand larceny.

    Denis’s Answer

    If this is a plea agreement for which you are making restitution payments and then coming back to court for a status update then you should have already been provided all of this information prior to taking your plea by your attorney. The plea agreement should have been explained to you by your attorney who you should contact immediately as to what will happen on the next court date. However, if you made a deal with the store, began making payments and are only now being arrested and charged with grand larceny that is a separate issue. For your sake I hope you have an attorney handling this matter. Regardless of what is paid back the Assistant District Attorney assigned to the case will make the decision of what to offer you as a plea agreement or if there will be an offer. You should sit down with your attorney and discuss the relevant strengths and weaknesses of your case to make a decision as to what type of plea agreement would be acceptable to you if one is offered.

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  • Conditional discharge question?

    Denis’s Answer

    Usually there is no formal court appearance that will let you know that a conditional discharge has concluded. You should be able to figure it out by looking at your plea agreement discharge sheet. To be on the safe side it might be a good idea to go down to the court house and get a certificate of disposition.

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