Andrew M. Stengel's Answers (1335)

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How do you charge someone with perjury against me or does a judge have to do that

Andrew's answer | Answered on May 15, 2015

Perjury is a crime that is prosecuted by the local District Attorney. You should speak to your attorney.

Archived

My fiances ex put a Order of Protection on him. Now hes in jail. I heard she is going to drop

Andrew's answer | Answered on May 15, 2015

It's up to the DA and the Judge where to maintain an Order of Protection. The best advice is to obey it while it is in effect.

Archived

Can I be charged with dui soley by my driving record?

Andrew's answer | Answered on May 15, 2015

No. Every criminal case in the United States requires proof of all elements of all crimes beyond a reasonable doubt. Your driving record probably...

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I was arrested by the NYPD in March 2015, for allegedly violating an Order of Protection in Sept. 2014. I'm totally innocent,

Andrew's answer | Answered on May 15, 2015

It sounds like you have an excellent defense. Unfortunately speedy trial time is not calculated from arraignment onward without exclusions.

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What can I do legally if I'm being threatened physically and stalked in nyc?

Andrew's answer | Answered on May 15, 2015

Go to the local police precinct and insist On filling out a complaint report. The type of harassment you describe is criminal.

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What kind of form can I get for an open acd for summer youth employment

Andrew's answer | Answered on May 14, 2015

He should go to the county clerk in the criminal court where the case was pending. Once it's closed ask for a certificate of disposition.

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I paid a fine for shop lifting back in the 1980s. How can I find out if it was Adjourned in Contemplation?

Andrew's answer | Answered on May 14, 2015

Fines are not typically associated with ACDs. You may want to go to the county clerks office and get the certificate of disposition

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If marihuana is found on your person, and DA charges 221.10, is there a cause of action for something like wrongful prosecution

Andrew's answer | Answered on May 14, 2015

You don't have a case for the prosecution but it sounds like you have a good defense to the marijuana charge, which should have been 221.05. Hire a...

Archived

On my cert. of disposition it shows a charge of 155.30 then disposed to 155.25, what am I convicted of that shows on my record?

Andrew's answer | Answered on May 14, 2015

From what you wrote it sounds like you were convicted of petit larceny, a class A misdemeanor. Do you recall the charges being reduced or agreeing...

Archived

How do I make a Citizen's Arrest?

Andrew's answer | Answered on May 14, 2015

If it is a nuisance you may want to contact 311. If it is a crime and nobody is in immediate danger you may want to go to the local precinct.

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