Archived
My question is should my youngest son take the stand on behalf of his brother who's awaiting trial for attempted murder?
Richard's answer
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Answered on October 07, 2014
Your son needs an attorney to evaluate whether any new charges can be brought relating from his testimony. Also, he faces potential perjury...
Archived
How does a prosecutor go about bringing a case to trial without an indictment? Does this often happen in NY state?
Richard's answer
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Answered on October 07, 2014
They can proceed to trial on misdemeanor charges without an indictment or preliminary hearing. Otherwise no.
Does an ACD mean your record is sealed and/or dismissed and can that be used against you at another time?
Richard's answer
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Answered on October 07, 2014
A prosecutor can make a motion to unseal the records if they can show a compelling need.
Archived
Can a robbery be committed without grand larceny?
Richard's answer
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Answered on October 07, 2014
Yes. If property was forcibly taken but there was not proof beyond a reasonable doubt that the value of the property was over $3000.
Archived
Based on witness testimony my husband should not have been charged with robbery. Can something be done before sentencing?
Richard's answer
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Answered on October 07, 2014
I disagree with my colleagues. A motion can be filed prior to sentencing under CPL 330.30 to set aside the verdict. Discuss this with the attorney...
Archived
My son is an attorney with his own practice. I'm so proud. Is he allowed to represent me if I need a lawyer?
Richard's answer
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Answered on October 07, 2014
Assuming there is no conflict of interest and/or that your son would be a potential witness in the action, he can represent you.
Archived
How does defendant testimony at grand jury work?
Richard's answer
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Answered on October 07, 2014
Typically, a defendant's prior criminal history is not allowed in a trial unless to discredit the defendant's credibility, should they testify, or...
How does the DA decide what witnesses to call to a grand jury proceeding?
Richard's answer
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Answered on October 07, 2014
The DA typically calls the minimum amount of witnesses necessary to make out the elements of the crimes they seek to indict on. The DA has an...
Archived
I am on probation and my friend put things in my purse without paying for it what will happen to me?
Richard's answer
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Answered on October 07, 2014
Your question is silent as to whether you knew the friend was doing this and were helping your friend even by just staying silent. You may be...
Archived
Attorney needed?
Richard's answer
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Answered on October 07, 2014
It depends on whether the other state wants him extradited to them to answer his outstanding warrant. He may be held in jail an additional 30 days...
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