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Yvonne F. Garbett
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Yvonne Garbett’s Answers

89 total


  • What is a maximum sentence for petit larceny?

    what is a maximum sentence for petit larceny? Does is qualify as petty theft exception if this is the only crime ever?

    Yvonne’s Answer

    As the other attorneys have posted the max is one year. However, if you have never been in trouble before with the help of an experienced criminal law attorney, you will more likely than not will be able to get a non criminal disposition.

    Do not plead guilty to anything - you need an attorney! Feel free to contact me if you have any particular questions about the Clarkstown Court if that's where you were charged. I appear there every week and used to be the ADA there, so if you want to know what to expect before you get there feel free to contact me! Best of Luck!!!

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  • My 16 year old daughter was arrested for criminal trespassing at an apt. comp. pool at 11:00 pm. Does she need a lawyer, trial?

    She and her female friend were held at knifepoint and had their pictures taken until the police arrived and took them to the station. There was no vandalism, little or damage, but she was trespassing. The officer never took a statement. This se...

    Yvonne’s Answer

    I would like to hear the circumstances in which they were held at knife point, that seems excessive. They must have been traumatized. Unfortunately, it is probably best that they get an attorney. An experienced attorney will be able to ensure a noncriminal disposition. Further, this event could be used as a wake up call to your daughter and her friend, So they make better choices and do not find themselves in the criminal justice system. I'm surprised they charged criminal trespass, and not just simple trespass which is a violation of law and not a crime. Feel free to contact me If you have any questions. Best of luck!

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  • I had a felony charge and e been going to court for 6 months each time the DA says that they need more for a felony investigatio

    today mark exactly 6 months. I thought it b over. but instead they gave another court date 8/1/13 is this legal should not my b drop, simple cause the had plenty of tim to indict?

    Yvonne’s Answer

    The people have six months to investigate a felony and make their decision on whether to indict or reduce the charge. However as stated in another post- your attorney may be waiving your 30.30 time (Also known as speedy trial time) in order to get the DA to reconsider your case and not rush to indictment. If your attorney has not been waiving your speedy trial time and the people are beyond their six months, then your case is ripe for a motion to dismiss. However a written motion must be made & then the DA is given an opportunity to respond. Accordingly several more appearances will probably be necessary to conclude your matter. Best of luck.

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  • Help with disorderly conduct charge

    I was at the local bar strip last night and I got into a verbal altercation with a bouncer for taking my fake id. I was cursing loudly and an officer came and cuffed me and gave me a summons for disorderly conduct. I was intoxicated and my memory ...

    Yvonne’s Answer

    I agree with most of the other posts. However, my real concern - given what appears to be a very bright future - is your mention of a fake id which precipitated the argument w/ the bouncer. If it was taken good- if not you run the serious risk of a felony charge if you are found with the fake/forged id on your person. The discon is a relatively easy charge which more likely than not result in an ACD. You will probably need an attorney though as they may not offer the dispo without one. You can apply to the public defender if you meet their income requirements-there number is 845-638-5660. If not hire a private attorney. If you want to discuss in detail let me know - I appear in Nyack all the time. My contact # is 845-290-2492. The judge(s) in Nyack is very nice, but they take offenses involving alcohol and disorderlys very seriously because Nyack has so many bars - it is a community concern which is routinely voiced- so the judges are reacting by taking them more serious.

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  • My boyfriend has been convicted of robbery and now he faces deportation what can I do to keep him here? Marriage?

    Its a felon will they let him do his time then deport him?

    Yvonne’s Answer

    Contact an immigration attorney ASAP. Unfortunately, the immigration consequences should have been dealt with prior to his plea of guilty. You can also contact the immigration defense fund which provides free information for you. I do not believe marriage will keep him in this country, however they will be better to advise you on what if anything can be done at this point. Good luck to you!

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  • My son (18) got a felony charge for graffiti damages over 250.-. He is on probation but we need to move, what can we do?

    He got taken in by the police last August for some graffiti spraying. The court appointed lawyer accepted a plea bargain with the DA instead of a felony charge, he got a misdemeanor charge, 150 hrs community service and mandatory 3 Years probation...

    Yvonne’s Answer

    Texas may accept the probation transfer, but the states have put in requirements for transfers because the cost of monitoring the person falls on the State where he is transferred, i.e. not New York. The DA may consider an alternative sentence negotiation given the circumstances but you would have to really appeal to the Judge and DA to show them why your son should be given a further break. Perhaps additional community service or Sheriff Work Release? Perhaps a fine...?
    How is your son otherwise in school, working etc. Its highly fact specific if you would be able to change the sentence. If you would like to discuss further let me know.

    Best of Luck!

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  • What does court ordered release mean??

    Who gets court ordered release in a high profile drug case??

    Yvonne’s Answer

    I am assuming you are referring to bail. A defendant that is charged in a high profile drug case or press case is eligible for release based on his or her ties to the community. Your attorney would make the argument for ROR based on the numerous factors the court would consider for the bail application. If you are referring to something else, please amend the Question or feel free to contact my office.

    Good Luck!

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  • 2nd offense of petit larceny first one dissmised 11 years ago what could happen now

    I'm I gonna go to jail or will the give me a second chance

    Yvonne’s Answer

    • Selected as best answer

    No one can say that you are not gonna go to jail - because we don't have a crystal ball. However, it is highly unlikely that you would be facing any jail time. You state the first one was dismissed so, that is not a conviction that will be used against you. The one charge you are facing now needs to be investigated.You and your attorney need to work together to strategize the best possible defense. I am glad you were concerned about jail though, because if you continue to find yourself arrested & in the criminal justice system your probability of going to jail shall increase considerably. If your case is in Rockland and you want to run the case by me, feel free to contact me 845-290-2492. Best of luck to you!

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  • Can I get arrested if someone files a police report on me and im in a different state. A boy claims I have his clothes

    Can I get arrested if someone files a police report on me and im in a different state. A boy claims I have his clothes

    Yvonne’s Answer

    Yes you can be charged for anything that another person swears to under the penalty of perjury. A boy claiming you have or stole his clothes - not the case of the century but I've seen similar cases prosecuted. Whether the police will force you to appear is another issue!

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  • If any body touched a women in tube that touching was sexual when she didnt consent and him did not reasonably belive that she

    If any body touched a women in tube that touching was sexual when she didnt consent and him did not reasonably belive that she was consenting. what kind of penaltycoming for this person?

    Yvonne’s Answer

    Sounds like a forcible touching charge or sexual misconduct depending where the victim was touched and age is a consideration as well. More facts are needed - were the police called?
    Feel free to contact me at 845-290-2492 if you want to discuss in more detail.

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