Archived
Can the Police or detectives enter your apartment take a laptop arrest you without any document or order ?
Benjamin's answer
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Answered on December 19, 2015
Did the police come to your door and as "can we come in?" we'd like to speak with you".; If you let them enter they will claim they had your...
Archived
Could he be facing any charges ?
Benjamin's answer
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Answered on December 19, 2015
You should advise your boyfriend to get an attorney. You are a witness to the exchange between your boyfriend and the likely complainant. As your...
Archived
Can an individual be convicted of Disorderly Conduct in one's own home?
Benjamin's answer
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Answered on November 30, 2015
Some of the subsections require the activity to occur in public but not all. One of the charges is for making "unreasonable noise" Penal Law...
Archived
Oral Argument in Appeal for 2nd District (Brooklyn)
Benjamin's answer
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Answered on November 28, 2015
At the time of the filing of your brief you are responsible to reserve oral argument time. If you do not wish to appear to argue you can mark your...
Archived
Has there been any law change that would reduce violent offender sentences?
Benjamin's answer
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Answered on November 14, 2015
There were amendments to N.Y. PEN. LAW § 70.02 : Sentences of imprisonment for a violent felony offenses which took effect on September 1, 2015. ...
What is the difference between filing a police report and a criminal complaint? would the police file a report anyway if they...
Benjamin's answer
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Answered on November 14, 2015
Reports are filed frequently to document police action or interaction with civilians, even if no criminal charges are required. This is especially...
Archived
Breat test refusal warning
Benjamin's answer
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Answered on November 13, 2015
The refusal warnings are given when you decline to take a BAC test. Once you have submitted to the test there would be no reason to give warnings...
Archived
How can I check I actually got an ACD?
Benjamin's answer
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Answered on November 13, 2015
There is nothing for you to sign in connection with an ACD. As the others have suggested you can request a certificate of disposition although...
Archived
I appealed the indicated cps report at the hearing, how long until judges decision will be mailed?
Benjamin's answer
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Answered on November 03, 2015
If you have concluded your hearing the Administrative Law Judge will generally render a written decision and findings in 30-60 days. The Judge will...
Archived
What happens when you have a court appointed lawyer that doesn't work for you?
Benjamin's answer
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Answered on October 27, 2015
You should ask the attorney for an appointment to discuss your case. Any offer even one which the lawyer doesn't recommend must be shared with the...
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