Questions answered by Richard C. Southard

Archived

Am i entitled to BAC results when charged?

Richard's answer | Answered on March 23, 2016

Typically your level of BAC is included in the criminal complaint which is given to your attorney at your arraignment. However, if your BAC is...

Archived

What would be my punishment

Richard's answer | Answered on March 23, 2016

It can be anything from "stay out of trouble for one year" to community service to up to one year in jail. Before you contemplate pleading guilty...

Archived

Legal consent is 17, but I was told the parents can press charges even tho he consent and is of age

Richard's answer | Answered on March 23, 2016

17 is the legal age of consent for sexual contact in NY. What charges were you "told" they can press and by whom?

Archived

When I received the Impartial Hearing Officer's decision it didn't include his cover letter or his own exhibit, its this right?

Richard's answer | Answered on March 23, 2016

I've changed the topic for you to education law. This sounds more like a school disciplinary hearing or something akin to that.

Archived

Is there any way I can get his arrested or get a restraining order on him?

Richard's answer | Answered on March 23, 2016

You would need to call the police and file a complaint against him. That is a very serious step and the state could prosecute him, even if you...

Archived

Is it possible to reopen my YO adjudicated case on the basis that I was forced into accepting the judgment under duress.

Richard's answer | Answered on March 23, 2016

The problem is that at the time you accepted the plea, the judge asked you a series of questions to insure that your plea was not made under...

Archived

Once your charge is dismissed and sealed is it as it never happened, for example getting a trespassing pink summons

Richard's answer | Answered on March 22, 2016

Being dismissed and sealed is merely the outcome of the event. The event still occurred.

Archived

Is a motion injunctive relief the correct way to go?

Richard's answer | Answered on March 22, 2016

This is not a criminal defense question. More like a civil rights question. But I agree with the other attorneys. Your request will likely be...

Archived

Got a class b misdemeanor(public lewdness) need some advice?

Richard's answer | Answered on March 22, 2016

A quick result is not always the best result. That being said, if your attorney can work out a plea bargain to your satisfaction prior to your...

Archived

At my arraignment, the Judge ask for a supporting deposition from the victim. How far will this case go without a victim?

Richard's answer | Answered on March 22, 2016

The State has 90 days to file the supporting affidavit. If they cannot file that affidavit, they may possibly file a superseding complaint based on...

Richard C. Southard's Answers (12711)

Am i entitled to BAC results when charged?

What would be my punishment

Legal consent is 17, but I was told the parents can press charges even tho he consent and is of age

When I received the Impartial Hearing Officer's decision it didn't include his cover letter or his own exhibit, its this right?

Is there any way I can get his arrested or get a restraining order on him?

Is it possible to reopen my YO adjudicated case on the basis that I was forced into accepting the judgment under duress.

Once your charge is dismissed and sealed is it as it never happened, for example getting a trespassing pink summons

Is a motion injunctive relief the correct way to go?

Got a class b misdemeanor(public lewdness) need some advice?

At my arraignment, the Judge ask for a supporting deposition from the victim. How far will this case go without a victim?