Archived
I was falsely arrested by the NYPD and filed a notice of claim against NYC. They offered me a mere pittance as a settlement,
Benjamin's answer
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Answered on October 24, 2015
Settlement offers are not admissible. Most offers are generally accompanied by a statement that it is "for settlement purposes only"
Archived
If someone is in jail with bond but another county but same state has a warrant how long do they have to come get him?
Benjamin's answer
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Answered on October 23, 2015
Speedy trial time does not begin to run until there is an actual arrest. If he is being held on other charges the warrant may be filed at the jail...
Archived
What is the time limit for arraignment and fingerprinting after indictment in NYS?
Benjamin's answer
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Answered on October 23, 2015
There does not appear to be a violation of rights. He was likely indicted without being arrested which is a "de novo" presentation. It is not...
Archived
May an appeal of a criminal convictio and a petition for habeas corpus be filed at the same time? Or must one precede the other?
Benjamin's answer
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Answered on October 17, 2015
You can not generally file a habeus if there is another means of obtaining the relief. In your case you have the post verdict motion and a direct...
Archived
How come it took police officer 5 months to give me my felony complaints?
Benjamin's answer
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Answered on October 17, 2015
You should contact an attorney in your area immediately. You should be able to obtain copies of all your medical records and the police reports of...
Archived
Friend recently arrested for herion. I was wondering what charges does he face?
Benjamin's answer
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Answered on October 16, 2015
Although your friend does face a possible prison or jail sentence, Orange County has a diversion treatment court which permits people with drug...
Archived
What specific questions should I ask/request from an appeals attorney during consultation to insure they can handle murder case?
Benjamin's answer
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Answered on October 16, 2015
In inteviewing a attorney of any type it is always wise to ask for references. If your trial attorney has discussed with you the issues he/she...
Archived
I would like to retain a criminal lawyer dealing with 440's and reconstruction hearing.
Benjamin's answer
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Answered on October 16, 2015
The first person to contact would be the lawyer who appeared for your husband at sentence. Your husband may have been treated as a persistent...
Archived
Do I have to testify in court against the man who raped me?
Benjamin's answer
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Answered on October 16, 2015
If you are being called as a witness and have been issued a subpoena you are required to appear. Mis-identification occurs with some frequency so...
Can I get in trouble for not going to school at the age of 16?
Benjamin's answer
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Answered on October 14, 2015
Education Law §3201, provides school attendance is mandatory from age 6 to 16 Exceptions are if you are in a non-public or home instruction;...
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