Archived
In NYS, if an ACD is on the calendar and an arrest warrant is issued thereafter, does the court calendar change?
Stephen's answer
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Answered on April 29, 2014
No, your case is on for dismissal as scheduled. If you violated the restraining order, you will be arrested on the new charge. There is really...
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Archived
I've been charged with criminal domestic violence charges. Do I need a DV lawyer or a Criminal Defense lawyer in AVVO?
Stephen's answer
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Answered on April 29, 2014
You are charged with a crime. You need a criminal attorney, preferably one with NY County experience in DV cases.
Archived
What happens if I only completed 2 of my 3 days of community service?
Stephen's answer
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Answered on April 29, 2014
You probably will not be sent to jail immediately and the Court will probably allow you one more chance. call your lawyer and arrange to get...
Can the curfew be lifted from probation terms in NYS.
Stephen's answer
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Answered on April 29, 2014
The provisions of your post release supervision were set by parole (not probation). They can be amended by parole. You can speak to your parole...
Archived
Can events after a reported assault be used to undermine the credibility of a prosecution witness?
Stephen's answer
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Answered on April 29, 2014
The bias of a witness is relevent and therefor can be demonstrated by evidence of slurs etc whenever made.
Archived
Can the district attorney office resubmit to the grand jury without notifying me or my attorney, or allowing me to be present?
Stephen's answer
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Answered on April 29, 2014
If your attorney had served notice of intent to testify for the first proceeding, the DA cannot re-present without notifying your atttorney to...
Archived
Can a defendant use crimes committed by the complainant against supporting witness to show bias of the supporting witness?
Stephen's answer
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Answered on April 29, 2014
On cross examination, a witnesses background may be relevent in regard to their truthfullness.
Archived
What does the outlook on my case look like? Also, I have a court appointed lawyer
Stephen's answer
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Answered on April 29, 2014
The first two charges you pled guilty to are "A" misdemeanors carrying a possible one year jail term. Assunming you pled down from more serious...
Archived
Is there a difference between a court ordered substance abuse evaluation and probation requiring an evaluation?
Stephen's answer
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Answered on April 29, 2014
It seems a very large percentage of people sent to probation and drug programs have a medical need for certain drugs. Unless your doctor is very...
Archived
In 2008, I was arrested for a lie that could've been proven as such, but wasn't. How can I have this sealed?
Stephen's answer
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Answered on April 28, 2014
According to your question, your case was dismissed, an ACD. If that is so, your case should have been sealed. As my colleague stated "Get...
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