What does it mean when a probation officer files a declaration of delinquency on the person who is on probation? I have no idea what it means and I would appreciate it wholeheartedly for the pleasure of hearing from you.
It means that you are delinquent in your obligations of probation or if you weren't sentenced to probation - perhaps the conditions of your sentence.
What conditions have you not fulfilled or did you violate a condition? It means that you will be more likely than not going back before the judge that sentenced you. You should hire an attorney to address what you have or have not done. The burden at a violation of probation hearing and/or declaration of delinquency on a sentencing (if you weren't sentenced to probation but say had an interlock reading or violation of conditional discharge - say new arrest etc) is not the same as your original case where it was beyond a reasonable doubt. Therefore, it's important that you formulate a strategy to deal with issues causing the declaration. Hire an attorney and best of luck to you.See question
Being charged with UPM on prison grounds, and contraband. What are the consequences? First time being arrested and given a DAT.
You should plead NOT guilty and consult with an attorney to formulate the best strategy given your facts and circumstances. Best of luck to you!See question
My son was offered a 4 to 9 year sentence for possession of a controlled substance 2nd degree B felony. Can his lawyer ask the DA to bring it down to 5th degree and if so what is the sentence for that?
The DA is charge of the level of crime offered in a particular case and the judge is in charge with the sentence. Your attorney may go to the judge and ask for lesser time but the Judge can't change the plea without the DA consent. It depends on whether your son Has a record and the facts of the case. This offer maybe a reduction from an A1 case, perhaps.
Your sons attorney will have the best understanding of whether the DA will consider reducing the level crime but it is highly unlikely they would go from an A2 possession case to an E. It's happened in some cases that I have had but it's case specific and there were problems with the DA case etc.
Best of luck.See question
this is my second DWI, first was in 2007 and now this one which is just shy of 10 years. they are calling it a class E Felony. there was no accident. I was stopped on the side of the road, not even pulled over by the police, just simply looking fo...
It sounds like the county
Is proceeding at forfeiting your vehicle which is quite common. They attempt to civilly take the vehicle. It is separate from the criminal matter. If you hired your attorney to handle both they will need to respond to the application for forfeiture and prepare for a hearing. Good luck I hope you get the car back!
I received a minor trespass violation in the Village of Harriman, NY for cutting through the local park after hours. I think the cop just cited me since I didn't take too kindly to being stopped and asked a bunch of questions for no apparent reas...
Since you have a warrant you are risk of having bail set and going to jail, if you couldn't post bail. If it were just an appearance ticket you would have had a better chance. Call around try to get an attorney to help. The ACD is probable but not guaranteed - you need an attorney to get that disposition. if this was a UPM you would be eligible to have the court give an ACD. Trespass is different.See question
A lawyer said my son is a predicate felon. What does that mean?
Predicate Felon is someone who has been previously convicted of a felony in NY state or the elements of another state match the elements of a NY felony thus qualifying as a predicate within the last ten years. By virtue of being a predicate felon, your son would have stricter sentencing guidelines. You also need to know if this felony and the prior felony was violent or non-violent by statute. This to has a bearing on how he would be sentenced. Speak with his attorney for specific guidance or if he is not represented hire an attorney asap. Best of luck to you and him.See question
I have a business and I want my brother to get his gun permit so I can hire him to work as my head security. Over 10 yrs ago he was charged with a violent felony with no weapon. He hasn't been in any other trouble with the law. How can I help him ...
For proper analysis I would need to know what your brother was convicted of and what the background information concerning that conviction, how old he was at the time, etc. Violent felonies without a weapon are violent by statute. It doesn't really make a difference that no weapon was used. That information above would need to be provided to fully discuss options. As stated by others there is no expungement in NYS. The only option would be to consider an appeal but he is beyond the time limits, How old was he at the time - are you sure it was an actual conviction and not an adjudication? Best of Luck!See question
If you steal someone's computer and lie to the police about it and then you are proven guilty later on, can you be charged for lying to the police as well as theft?
Just speaking to the police (NOT FBI) and telling a lie - is not a crime. However, if you sign a statement or even filing a domestic incident report - you will see on the bottom of the page that false statements are punishable by 210.45. In those instances, you can be charged. Best advice is that if you need to speak with police - do so with the advice of counsel only. Best of Luck.See question
If you killed your GF's parents because they broke into your house to yell at you and tell you off, can you be convicted?
Yes you could be - 100%. If they broke into your home to kill you and you killed in self defense well then thats another story. I hope this is just a hypothetical and not something you are considering. If so, please seek help IMMEDIATELY.See question
2 of my friends got a lyft ride to pick them up at home. They then went and got 1 of the friends girlfriend. After getting the girl they went and dropped the friend at his house. Now when my bro and his girl is in the car and its now taking them ...
Your friends need to hire counsel ASAP or contact the public defender so that these facts can be sorted out. They are facing very serious charges - violent felony that has mandatory state prison time associated with same. Your attorney will be able to get the information and begin strategizing for the best defense. I wish them all the best.See question