Archived
A sufficient accusatory instrument is a non-waivable jurisdictional prerequisite to a criminal prosecution. What does that mean?
Arkady's answer
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Answered on February 17, 2015
As stated, an indictment may be waived. However you can still be prosecuted under an information from the court not the Grand Jury.
Archived
Is it possible for a criminal defendant to request a valid speedy trial waiver if the felony complaint is insufficient?
Arkady's answer
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Answered on February 17, 2015
These two things are not in any way tied to each other. You should sit down with your husband's attorney to discuss the particulars of this case...
Archived
I pled to a DWAI over 10 years ago in Saratoga Springs NY. I am applying for positions that require a produce documentation
Arkady's answer
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Answered on February 17, 2015
Write or call the clerk of that court for a copy of your disposition in the case. There probably will be a fee.
Archived
Can a bail jumping case be lowered/dropped if there is proof that the day of that court date was not written on the court slip?
Arkady's answer
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Answered on February 16, 2015
If you bring the notice that did not have the date on it to the court clerk hopefully they can schedule another hearing for you.
Archived
How do i get my case dismissed if i was not directly involved in the criminal charges against me?
Arkady's answer
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Answered on February 16, 2015
You need to obtain a criminal attorney to work with you on this case to protect your interests.
Archived
What motions do i need to file to get resentenced
Arkady's answer
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Answered on February 16, 2015
Please see my answer to your previous post of this question. Take note of the fact that most of the attorneys answering feel your motion would not...
Archived
Can i file a motion to be resentenced
Arkady's answer
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Answered on February 16, 2015
You might want to speak with an attorney. It is hard to say without having the transcript of the sentenced to understand the court's thinking on...
Archived
N.Y. I just learned i have a warrant for Menacing 2nd, by a friend. False! What do I do?
Arkady's answer
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Answered on February 15, 2015
I agree that a warrant was not likely issued. He might have filed a complaint, but the facts you've given don't sound strong enough for a warrant....
DOES PLEADING GUILTY IN A PLEA BARGAIN AFFECT CO DEFENDANTS IN THE SAME CASE
Arkady's answer
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Answered on February 15, 2015
Sometimes the plea of one co-conspirator will include the fact that he will testify against the others. In that case it would affect the others,.
Archived
Can a legal aid negotiate a plea bargain or with the judge concerning the penalties?
Arkady's answer
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Answered on February 13, 2015
Yes, your Legal Aid attorney can negotiate a plea for you. As stated abov this would've be about 3 years probation. You might want to discuss all...
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