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My boyfriend got arrested for dwi in ny. He is from pa and has 2 pior duis in pa...will this count as a 1st dwi in ny or 3rd?
Richard's answer
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Answered on April 23, 2012
Pa will likely violate his probation. New York will recognize an out of state conviction as a conviction for sentencing purposes in NY if all of...
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I was sentenced to 3 yrs probation for a 2nd DWI, my first was 9 yrs ago....I have already served 6 months probation, if I wante
Richard's answer
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Answered on April 23, 2012
No you do not get credit for probation. You cannot negotiate a jail sentence when you are on probation as the case is no longer in front of the...
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NYS DOC inmate cannot get commissary due to restitution to be collected while incarcerated. can they take 100% of the funds sent
Richard's answer
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Answered on April 23, 2012
you are correct - it is supposed to be a percentage.
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NY State Penal Code
Richard's answer
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Answered on April 23, 2012
It is not retroactive to my knowledge.
* 3. Minimum period of imprisonment. The minimum period of
imprisonment under an ...
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I got arrested again for marijuana while having a ACD pending as of less then 2 months ago, what will happen?
Richard's answer
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Answered on April 23, 2012
No one can tell you what "will" happen, only what could happen. They can restore the first ACD because this arrest was within the one year period....
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I was driving when an officer pulled me over. The officer stated he pulled me over because of my temporary inspection sticker.
Richard's answer
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Answered on April 23, 2012
I dont think there was any basis for the officer to search your pockets based on the facts you present, let alone to taser you. You need to file a...
My husband always says "kill you if you divorce". Is this threatening? Is this abusive relationship? Can I leave him.
Richard's answer
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Answered on April 23, 2012
You no longer need to prove someone was cheating to get a divorce in New York. Though it sounds based on your blood results that you have...
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Slander, false accusations, and possibly libel.
Richard's answer
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Answered on April 23, 2012
I am not certain what the question is. You can report him to NYC if he is subletting a room in Section 8 housing which I am fairly certain is...
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I had petty theft disorderly person in 2005, no jail time and i stepped out of the country for more than 6 months less than a yr
Richard's answer
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Answered on April 23, 2012
It will certainly be more of a problem than if you had no prior incidents with the law. You need to hire an immigration lawyer familiar with...
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How to reinstate NY driver's license after second DUI...
Richard's answer
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Answered on April 23, 2012
I believe that ultimately the decision is up to DMV regardless of what the Judge said.
Richard Southard
212-385-8600
I am a former Deputy...
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