Richard C. Southard's Answers (12711)

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Can you listen to discovery or do you have to decide to take it to trial to listen to it will plea deal be off the table if u do

Richard's answer | Answered on February 24, 2016

Certain items are discoverable upon demand by motion under CPL 240. Video, photos, scientific evidence, medical reports, etc. however police...

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The pending nature of an ACD?

Richard's answer | Answered on February 24, 2016

Yes. The ACD stands for adjournment in contemplation of dismissal. The case is postponed with all charges pending for 6 months or one year and the...

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Investigated, never charged. Now what?

Richard's answer | Answered on February 23, 2016

The purpose of the statute of limitations is so that people are not looking over their shoulders for the rest of their lives. This incident is too...

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My question is if they do a background check or a fingerprint are they going to see my charges?

Richard's answer | Answered on February 23, 2016

The criminal charges are dismissed and sealed after the six month waiting period. They should not appear for a cdl background check.

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In New York can you ever plead guilty by mail and get your self a guilty conviction and a criminal record, or there is no such t

Richard's answer | Answered on February 23, 2016

They will only allow guilty pleas by mail to minor offenses, violations and traffic infractions. Nothing that would be classified a misdemeanor.

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What can I do legally, about a neighbor that is stalking, harassing, threatening me and loitering in front of my apartment door.

Richard's answer | Answered on February 23, 2016

There is a big difference between rowdy teens and stalking and threatening. The police are more likely to take action for the latter. Give the...

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Can cops look at the camera to see if I jumped the turnstile or not? He didn't physically see me but supposed I did,

Richard's answer | Answered on February 23, 2016

They can view it. But they likely didn't need to since you admitted it. Be less troubled that the cops didn't see you commit the crime and focus...

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If your arrested in NY, and your case later gets dismissed and sealed, does the ARREST record show? Like being handcuffed?

Richard's answer | Answered on February 23, 2016

Yes there is a record of it. Limited people have access to it, govt jobs, immigration, law enforcement. It should not show up on a routine...

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Should I take a motion first or sue all of them the DA defendant... and where to sue(which court)?

Richard's answer | Answered on February 23, 2016

The DA isn't even permitted to speak with a defendant much less help them. It sounds like you're angry because the DA did not handle the case the...

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What rights does he have? Could he get custody? Can i cut all ties because of my fear he will kidnap?

Richard's answer | Answered on February 23, 2016

This is not a criminal defense question. You should contact a family lawyer and obtain information about your rights and his potential rights. ...

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