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Yvonne F. Garbett

Yvonne Garbett’s Answers

89 total


  • Can you be charged for lying to the police?

    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?

    Yvonne’s Answer

    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.

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  • 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?

    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?

    Yvonne’s Answer

    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.

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  • A Lyft driver falsely accused 3 people of armed robbery and now they are facing charges.

    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 ...

    Yvonne’s Answer

    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.

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  • I want to see if I can get my record expunged.

    I have an assault with a knife that I served my full 5 years for I have been out since 2005 I had acouple of theft by deception felonies a lot of misdemeanors in NH Florida I have acouple of felonies like theft by deception and attempted burglary ...

    Yvonne’s Answer

    As others have stated New York does not have expungement. You can look into if there were any grounds for a 440 motion, but it would be best to speak with an appellate attorney regarding that,. Best of Luck to you!

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  • I was charged with 240.30 (2) Aggravated Harassment in the 2nd degree sub code (2). I read sub code (1) was unconstitutional

    2. Makes a telephone call, whether or not a conversation ensues, with no purpose of legitimate communication; or I never made a phone call. The detective who arrested me even told me it was for "emails" I'm also still not in the system as f...

    Yvonne’s Answer

    It's unlikely that it will be dismissed without a motion from your attorney. It may have been unconstitutional but they may be proceeding under the provision for a course of conduct which can stand. It's fact specific. You should check in with the court to make sure they have the right address for you. Speak with an attorney or go to the local public defender. Best of luck to you!

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  • I am being charged with one count of possession of a forged instrument 2nd degree

    i bought a temporary license plate from craigslist last september as i bought a car and next to the car ad was this add for a temporary license plate i went to the bronx in a office and bought it thinking it was real while it gave me 30 days to go...

    Yvonne’s Answer

    I have had clients in this situation. You need to hire an attorney or call the public defender to qualify. Hopefully with an attorney you will be able to show the DA it was a mistake and you deserve a second chance.

    Good luck.

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  • I have aggravated unlicense operator 3D (misd)

    My question is what happen if i plead guilty? I realy don't know what to say ( this is my first court)

    Yvonne’s Answer

    Do NOT plead guilty without having a criminal attorney review your case. That would be very foolish. As others have posted the conviction would be on your record forever. The Attorney needs to review the case with what can be done. Often times the DA will plea bargain down to a violation with fine if you clear up the underlying suspensions. Also sometimes the accusatory is insufficient if the affidavit of regularity and proof of suspension is not filed with the court as supporting depositions.

    Long and short of it - call your local bar association or public defender if you are indigent and get an attorney to review this matter.

    Best of luck

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  • Mother of 2 was accused of shoplifting in macy's, police was called but i heard them over the speaker that they are not comming.

    I was accused of shoplifting in macy's ($448) in westchester ny, loss prevention took my picture, have me signed couple of papers. took my confession (under pressure), i paid $500 civil fine. They checked with police about my criminal record ( whi...

    Yvonne’s Answer

    You should get an attorney-just because the police did not come does not mean they are not pursuing the matter. You will need an attorney to assist you with your defense. You should be eligible for an ACD. You should not have paid the civil penalty in my opinion. Feel free to contact my office or your local Bar Association to speak to an attorney.

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  • What can I do if the elements of the charges against me aren't proven, but the DA & Judge refuse dismiss the charges?

    On July 26, 2014, I was pulled over for a traffic infraction. When I reached into my purse to get my credentials, the officer saw my pill bottle, questioned me about the contents & missing label. The officer then searched my vehicle & arrested me ...

    Yvonne’s Answer

    • Selected as best answer

    You need to sit down and strategize with your attorney so you can decide what's best for you. They want to get rid of the case by offering a disorderly conduct. It's an offer that would protect your record on one hand (assuming you have never been in trouble before) verse risking it w/ trial & possibly being convicted. What evidence do they claim to have of your guilt: admission or alleged statement from you, video, recent exclusive possession of of alleged item taken, the loss prevention officer - is he/she still working for the store? He said/she said is still evidence even if the person is lying. Is your accusatory sufficient? Have you done discovery, motion practice etc. More facts needed to fully address. Talk w/ your attorney or get a lawyer if you're not represented. All in all its hard to accept anything when you are innocent but in reality you need to weigh your options. Good luck to you!!!

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  • What to do about my civil demands letter?

    I was caught shoplifting from Target. A Lost Prevention officer held me by my shoulders as i was exiting the building and there, I signed some forms and they took my address down. I am seventeen and they sent a fine of FIVE HUNDRED DOLLARS (I took...

    Yvonne’s Answer

    Don't pay them. I advise my clients to not pay and I contact them to desist. I have never had them actually institute an action against any of my clients thus far. Good luck.

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