Archived
Can medical reports that were part of discovery but not admitted as evidence in trial (?) be submitted on appeal?
John's answer
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Answered on May 11, 2015
As a general rule only material that was actually admitted into evidence can be considered on appeal - nothing beyond the so-called "four corners"...
Archived
How do I acquire evidence from a third party in order to exonerate myself of an alleged crime?
John's answer
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Answered on May 11, 2015
Under New York law (article 610 of the Criminal Procedure Law) you, or your attorney has the right to issue compulsory process (a subpoena) to a...
Archived
As I was walking out of the ladies room I heard footsteps overhead...is it legal to record someone while indisposed???
John's answer
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Answered on May 11, 2015
No it is against the law. Specifically, Penal Law Sections 250.45 "Unlawful Surveillance in the Second Degree" which is a "E Felony," and & 250.50...
Archived
If serving time for a conviction and on appeal it is reversed and DA wants retrial can u get bail ?
John's answer
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Answered on May 11, 2015
It depends. You are eligible for bail. It is up to the Judge to determine whether he views you as a flight risk or a danger to the community....
20, Caught shoplifting in Nassau County
John's answer
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Answered on May 11, 2015
Yes, you should hire a lawyer. Although it is likely that you may receive an Adjournment in Contemplation of Dismissal ("ACD") - which means if you...
Archived
Do I need a lawyer and am I liable for money damages?
John's answer
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Answered on May 11, 2015
Can't really answer this question. First, you do not say whether the summons is from West Virginia, New York or Federal Court. Moreover, it sounds...
Archived
What is the likelihood of being granted an ACOD?
John's answer
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Answered on May 11, 2015
You must be very careful how you handle this situation. A conviction for the Unlawful Possession of Marijuana, (UPM) PL 221.05 will result in a...
Archived
Should i appeal my original criminal case when i was subject to extreme mental dures.
John's answer
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Answered on May 11, 2015
It is not possible to answer your question with the few facts that you have provided. First, you do not say whether you went to trial or you plead...
Arrested for shoplifting, NYC, First Offense. What should I exspect from this?
John's answer
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Answered on May 10, 2015
The police were correct. In all likelihood you will be offered an ACD at the first appearance. There will be a legal aid lawyer there who will...
How to know if i have been indicted?
John's answer
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Answered on May 10, 2015
If you left the country (which I assume is what you are saying) and you were indicted, the indictment may well be sealed, so you would not be able...
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