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Daniel DeMaria
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Daniel DeMaria’s Answers

639 total


  • Received a cell phone ticket when calling my dentist for emergency appointment. Please help! Court will be in Ny Queens North...

    Hello, I received a cell phone ticket in 2014 when I was calling my dentist for a emergency appointment. I was in excruciating pain and called my dentist to ask if I can come in right away. I was pulled over by the NYPD and asked why I was...

    Daniel’s Answer

    You should contact one of the lawyers from your state who have answered your question. We are now allowed to tell you whether we are available unless you call us directly, but if we answered your question chances are we are available. As someone else mentioned, you will need a copy of your cell phone bill and things such as website print-outs showing your dentist's phone number, as well as perhaps his business card. You don't have much time to get this all together, though if you need more time, you can likely get an adjournment on 02/20.

    Good luck

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  • A friend was arrested for perjury no bail 3mo 4 days ago still no court or any answers. Is there a time frame for next courtdate

    He was charged with 2 counts of perjury in Federal court in NY. He was put in jail with no bail and still has not had another court date. He was given a court appointed lawyer whom he has not even met yet. He has been in jail for 3 months and 4 da...

    Daniel’s Answer

    It sounds as though he may need to hire a lawyer. Hiring a lawyer may be a lot more affordable than you think.

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  • Do I have to pay a civil demand from Urban Outfitters?

    I attempted to shoplift two bracelets and a book. One of the "detectives" that stay in the store caught me after I walked out and brought me back into the store. I am 16, and no police were called. They took down my address, name, phone number etc...

    Daniel’s Answer

    I too advise my clients not to pay and they have never been sued.

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  • I have dismissed criminal charges in two separate cases in New York State, and I am wondering if these charges can be expunged?

    Charges were flat out dismissed, with no adverse adjudication. I want them expunged, but don't know if NYS allows expungement. If they do, how would I go about getting that done? Also, how much will this process cost, or can I do it myself?

    Daniel’s Answer

    There is no expungement in New York. You would have an arrest record, but the record would show that all charges have been dismissed. You may be able to get a Court Order to seal the record though, which would require that you or your attorney file a motion with the court where the charges were filed. If the court approves your motion, it will be entered into record. When the court enters the order for sealing, the clerk will inform you, as well as the New York State Division of Criminal Justice Services and all records will be sealed.

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  • Can i be taken into jail when im out on bail

    im out on bail for a misdemeanor can i be taken back into jail before sentencing if the judge thinks im using drugs or not attending my groups . btw im not ordered to go to groups by the judge i just let him know that i was attending some he never...

    Daniel’s Answer

    As long as you were never ordered to go, and it's not a condition of bail, the judge wouldn't throw you in jail. But, it could adversely affect any plea you might receive.

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  • What happens if you are pulled over in new york with gun ???????

    my ex was arrested in new york for have a gun. he when to court and got a bail bond .he got out three days later. He is a Atlanta, Ga resident. will they let you go home ? is there any type of probation ? what happen if he start travel with ...

    Daniel’s Answer

    As long as he does not miss any court dates, he should be allowed to travel. In my experience, it is rare for a Court to forbid someone from travelling while the case is ongoing (as long as no court appearances are missed) but he should contact his attorney and the court to be sure. Also, he is likely facing a 3.5 year minimum if convicted, so you need to get him a good lawyer asap

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  • Extradited on cps7

    i am in florida and i have a warrant in ny for a cps7 misdemeanor drug charge will monroe county come and pick me up from florida for such a small charge?

    Daniel’s Answer

    Yes they can come pick you up, but it is very unlikely. I had a client arrested in Boston recently who was facing 1st Degree Robbery Charges in NY and NY wouldn't extradite him, so he was released in Boston. You will eventually have to deal with your case though, so you should take care of it asap.

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  • Do I need a criminal attorney?

    My girlfriend was driving and we got stopped by police and the reason he stopped us was because had a air freshener hanging. She gave him everything and he came back to the car and said he smelled marijuana. He took us out the car search the car, ...

    Daniel’s Answer

    Yes, contact a lawyer right away from your state. $1000 worth of marijuana is a serious offense, especially in Virginia where they do not mess around. There is probably a presumption that you were selling. Call a lawyer now. Good luck.

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  • Criminal possession of a controlled substance in the 7th jail time?

    i have cps7 charge and i am 18 with no priors besides when i was 17 i had a felony but my record was cleared because i got my YO. how much jail time would be offered in a plea deal if i didnt want to take a rehab program or any other type of prob...

    Daniel’s Answer

    A good lawyer should be able to get you off without jail time, either by way of an ACD, Disorderly Conduct, or conditional discharge. Find a good lawyer from you area. Good luck

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  • Whats the federal charge and severity if the below crime

    Using a copy machine to duplicate department store receipts then going across country doing returns

    Daniel’s Answer

    This is a very serious crime. The severity depends on the amount of loss the stores incurred. The crime itself can include wire fraud, and theft.

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