Archived
This New York Times editorial says that the Brady rule does not apply during plea bargain negotiations. Are the editors wrong?
John's answer
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Answered on January 28, 2015
I haven't seen the article but if that's what it says, it's wrong. The prosecution has a continuing duty to turn over any information favorable to...
Archived
My wife was charged with Petit larceny.She has not priors. What should we expect?
John's answer
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Answered on January 27, 2015
There is a good chance of getting an ACD which ultimately will result in a sealed record. If she is a nurse, there will be State licensing and...
Archived
I was caught by shoplifting. What should i do with civil demand?
John's answer
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Answered on January 26, 2015
That is my experience, and appears to be the consensus view. Good luck. You got lucky no criminal charges were filed. Take the lesson to heart.
Archived
I was stopped by a p.o. that said I smell of weed asked to empty pockets found roach . charged 221.10
John's answer
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Answered on January 23, 2015
This is a B misdemeanor. You need a lawyer for this. Tell the judge you have no money for a lawyer. If you meet the indigence guidelines, the...
Archived
What the genitally for pimping a prostitute in NYC,
John's answer
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Answered on January 22, 2015
Promoting prostitution, either a misdemeanor felony depending on the facts alleged.
Will I be arrested for getting a massage?
John's answer
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Answered on January 21, 2015
In my experience, this is not the way police usually conduct prostitution stings. If contacted by a detective, say nothing and consult a lawyer...
What is the crime called if someone gives you drugs for free?
John's answer
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Answered on January 18, 2015
The person who gave you the drugs can be charged with sale of a controlled substance, even if no money (or other consideration) is involved. As...
How much time do I serve on a 3.5 year plea deal in NY
John's answer
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Answered on January 18, 2015
If it's a determinate sentence of 3.5 years, you serve 6/7th of the time, which would be 3 years. There also has to be a period of post release...
Archived
What would be the proper vehicle , in criminal law , to have a felony expunged off of a persons record,?
John's answer
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Answered on January 18, 2015
Expungement does not currently exist in NY. 440 motions are governed by rules set forth in the statute. Grand jury minutes are normally sealed....
How will my previous upm that became and acd affect me now that i got charged with possession of .2 grams of molly?
John's answer
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Answered on January 17, 2015
Failure to read rights only matters if you made an incriminating statement. DA could seek to reopen ACD. Even if they don't, your prior UPM will...
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