Is it possible to file an interlocutory appeal in a NY criminal case challenging the constitutionality of the criminal statute?
Labe's answer
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Answered on September 30, 2016
The only issue that can be appealed without a final judgement is double jeopardy because being tried a second time is the harm the constitution was...
Archived
Great lawyer but is there any other deal for my son?
Labe's answer
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Answered on July 07, 2013
If its a felony plea, it is usually possible to negotiate a reasonable financial deal. The stigma of the conviction is huge and if there is really...
Archived
Is it legal or not ethical to write the judge directly and tell him the truth and is always preaching the drugcourt.
Labe's answer
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Answered on July 07, 2013
If you don't trust your lawyer, you should take action to gain that trust or get a new lawyer. Ask to meet with the lawyer and his supervisor to...
Archived
IS DISORDERLY CONDUCT AN OFFENSE
Labe's answer
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Answered on July 07, 2013
It is a Penal Law Offense. Under some circumstances, CPL 160.55 allows you to say it never happened and you should check that provision. That...
Archived
Charged with PL 221.05 in Suffolk County, NY. Was I in possession? Was search legal? Even an ACD will ruin law school for me.
Labe's answer
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Answered on July 07, 2013
You need to know what you are finally charged with to figure this case out. If you are charged with 221.10 at your arraignment, you would be facing...
Archived
Trial in NYC 3
Labe's answer
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Answered on July 07, 2013
Technically, prior statements of witnesses only have to be turned over after a witness has testified. However, trial judges usually require...
Archived
Criminal records
Labe's answer
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Answered on July 07, 2013
You can get a full court record of anyone by going to 25 Beaver Street in NYC and paying a fee, I believe it is 65 dollars. Go to the OCA website...
Archived
Will I be arrested/detained at the airport when I will travel back to the states?
Labe's answer
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Answered on March 07, 2013
We can take care of that for you so you won't have a warrant for your arrest. You can google me and get contact information. This is not a big...
Archived
Is it possible for a defendant (and/or attorney) to communicate with DA to prove not guilty before a possible trial?
Labe's answer
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Answered on February 16, 2013
It is possible but dangerous. The attorney for the client should trust that the prosecutor is open to this claim of innocence. Otherwise, it is...
Archived
What is a repugnant verdict mean?
Labe's answer
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Answered on February 16, 2013
It is very important to distinguish between inconsistent verdicts and repugnant ones. Repugnant ones involve an acquittal which necessarily means...
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