Archived
Was due process violated by the dept of corrections?. Was Corr Law 601a violated? Must the altered sentence be vacated?
Donalda's answer
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Answered on August 03, 2010
Asking the question again will not really change the answer, but I'll address this in more detail. And correct my previous answer a...
Archived
What could possibly happen with a burglary 2nd degree with previous charges?
Donalda's answer
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Answered on August 03, 2010
I don't practice in SC, so my answer may not be perfect or even correct.
You will face up to 15 years in prison on the Burglary 2nd (per my...
Archived
If I receive a determinite 3 year sentence with 5 years post supervision, is the parole held over my head or do i have to report
Donalda's answer
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Answered on August 02, 2010
On a 3 year determinate sentence, you would serve 6/7ths of the sentence (about 2 years, 7 months) and then be released on post-release...
Can your attorney and the DA decided to dismiss or reduce charges at Arraignment?
Donalda's answer
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Answered on August 02, 2010
I see the problem. You are currently out and know that, under the law, you shouldn't be. So you expect to get put in jail on your court date. ...
Archived
Do i have a right to know what is going on in my son's case, he just turned 18
Donalda's answer
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Answered on August 02, 2010
Mr. Weeks is correct. You have no right to know any more than what is on record for the case. Your son's attorney is ethically bound to not...
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Archived
Probation violation
Donalda's answer
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Answered on August 02, 2010
Typically, it would be a violation of probation to fail to report police contact within 24 hours. So if your PO finds out about this incident, you...
Archived
Am I entitled to release from NYS Parole Supervision. A GOOD Legal Question.
Donalda's answer
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Answered on August 02, 2010
It was correct to add the unserved portion of a prior indeterminate prison sentence to the back end of a new indeterminate sentence.
As you...
Archived
After a re-arrest, how much time does your probation officer have to submit violation papers?
Donalda's answer
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Answered on July 28, 2010
The probation officer is limited only by the end date of your probation sentence. I, too, have seen a probation officer file a violation petition...
Does confessing a crime reduce the amount of sentence less than plea dealing?
Donalda's answer
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Answered on July 28, 2010
I agree with Ms. Berliner. A confession makes the DA's work a lot easier, and they then have little incentive to make a favorable plea offer. In...
Archived
What is the minimum sentencing for Attempted Grand Larceny 4th D Felony?
Donalda's answer
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Answered on July 28, 2010
With multiple cases pending, there is a reduced chance that your brother will be offered a "minimum" sentence.
A D non-violent felony carries...
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