If when you start a job, the employer fronts you 40hrs the first week, and when you quit or retire and they want their money back, can they take it back at your current salary, or do they have to take it back at the rate that they gave it to you? ...
It sounds as though you may have been in a sales position and advanced commissions at the inception of your employment with the company, but it is hard to know based on the information you provided. However, I would be happy to discuss further with you and I can be reached at 212-240-9465.See question
will be charged for tresspassing if I go into any of their stores. Was buying a dress for my 9 year old daughter who was with me. Mainly followed the guard to his office because I did not want my daughter to be traumatized. However, I was unaw...
You were not taken to a police precinct and fingerprinted or photographed, so you were not arrested. As for the guard's accusations, they are merely that - accusations, and are nothing to worry about. Stay out of the store for seven years and sleep well.
Best of luck.See question
hi, about 10 years ago when i was an illegal immigrant in the US, i came accross an individual that sold me someone else's documentation including, driver's licence, S.S. # etc so that i could work and adapt as mines. I bought it and used it until...
I have seen this charged as a Class E Felony, falsifying business records in the first degree. You should not make any more statements to a DMV investigator without an attorney.
Best of luck.See question
Hi! one question, can someone´s bail go up daily or every second day? thanks.
At arraignment, the judge will decide whether to set bail based on the individual's community ties, flight risk and the seriousness of the offense charged. That's "the rule," but lately I've sometimes seen otherwise. Thereafter, in a felony case, an individual will appear for his or her Supreme Court arraignment, if indicted. At that time, the prosecutor often asks that the court set a higher bail because now that the individual is indicted, they are more likely to flee. Ultimately, the judge decides whether or not to increase the bail at this point.
But, an individual's bail should not go up daily or every second day otherwise.See question
I was walking back to my house from the Bronx to Brooklyn on May 29, 2012. I was stopped about two blocks away from my house. When I was walking home, I was minding my own business, not doing anything suspicious or anything. I walked by a police c...
Although it sounds as though the search may have been improper, the case may be able to resolved without having to reach that issue. However, since you indicate that you had a prior marijuana related arrest, it is unlikely that you would be eligible for a marijuana ACD.
Best of luck,See question
I went to DMV and submitted fake social security card which my real name and real number on it. ( its just paper itself is fake) They sent it to Investigate Department what kind of penalty and problems will I get?
I will assume you are asking this question as a hypothetical, as one should never admit to wrongdoing in a public forum such as this. So, assuming hypothetically, that someone did the things you mentioned above...
I have had clients charged with doing similar things and have seen them charged with an E Felony; however, that does not mean the individual in your hypothetical, above, would necessarily be charged with same.See question
my son was punch in his face for talkin too a girl the guy that hit him they to fight the guy got onto his car and literally ran my son over with his car he left the scene and went too the hospital and identified my son as the person who hit him i...
A civil suit against the City and/or NYPD is usually only available when there is wrongful "police action;" if the arresting officer reasonably relied on a third parties' account of what transpired, there would likely not be a viable claim against the City/NYPD. However, you should seek a second opinion in this regard.
The criminal charges lodged against your son should be the first priority. Retain competent legal counsel and based on the outcome of the criminal case, you can decide whether pursuing a civil case may be viable.See question
I recently pressed charges on my daughter father /ex boyfriend ...i then went to family court and filed full custody petitions and order of protection for me and my daughter. I also was given a order of protectition from criminal court. I no longe...
Because there is both a family court and criminal court matter pending, both matters are now before one Judge in the Integrated Domestic Violence Part (IDV) so that one Judge sees the "whole picture" so to speak, as both matters are heard by the court; and this principle has been upheld by a higher court. In a domestic violence criminal case, the complaining witness (which is you in this case) is not the only one with an interest in the matter; the "People of the State of New York" also have an interest. And so, the prosecutor, on behalf of the State of New York can and usually does, continue to pursue the criminal charges against the accused even if the complaining witness is no longer cooperating. Of course, this weakens the state's case but does not make the case against the accused defendant disappear, or require that the People dismiss it.
In reference to the Family Court petitions, you may be able to withdraw them, but the IDV Judge, who is now hearing both matters may ask you why you are choosing to do so. Before taking any action in this regard, you should speak to your Family Court attorney.See question
If a person was given a plea deal of 6 months and refused it in order to go to trial, what would likely be there sentenced if found guilty? First time offender and about 30-40k stolen
It is very tough to say, because judges have tremendous latitude and discretion in this regard, but the possibilities are anywhere from "no jail," to 7 years in prison. Of course, if found guilty after trial, the "no jail" scenario in unlikely and the maximum sentencing guideline of 7 years in prison is unlikely as well, especially considering the fact that the accused is a first time offender. Criminal trials are time consuming and emotionally draining on the individual being charged with a crime; but sometimes necessary. The best course of action, given the People's current offer, can only be determined after discussing and carefully considering the strengths and weaknesses of the case as well as the pros and cons of each course of action with your attorney.See question