If you turn yourself in on a warrant do they have to read me my rights? Can I be put in the drunk tank when i'm sober?
Benjamin's answer
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Answered on July 26, 2012
They dont have to read you your rights unless they wish to question you. I suggest you review all of the facts and circumstances with your lawyer.
Archived
My husband went to prison for two years for heroin and parafanalia. He violated probation with same charge. What happens?
Benjamin's answer
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Answered on July 26, 2012
If he is found to have violated probation the court can resentence him to any lawful sentence on the charge that he was convicted of (this can...
What are the police impound guidelines? Can they tow your vehicle from a campsite if you are arrested for having a warrant?
Benjamin's answer
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Answered on July 26, 2012
If there was no one else present to take custody and control of the vehicle they police can take it (unless it was lawfully parked where it was and...
Archived
If you are being arrested because you have a warrant, do officers have the right to search your vehicle?
Benjamin's answer
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Answered on July 26, 2012
It's a little tricky. If there was someone else around that you could have left your vehicle with then the police did not have any right to search...
Can the city police enter my motel room while i'm at work, without my permission and i'm not on probation or parole?
Benjamin's answer
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Answered on July 26, 2012
You enjoy the same rights in your motel room as you would in your own home. The police would be required to obtain either a search warrant or your...
What is the chances of getting probation when facing a class E felony of rape in the third degree?
Benjamin's answer
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Answered on July 26, 2012
A prabtionary sentence of 10 years is authorized for a conviction of rape in the third degree. If the defendant already took a plea bargain s/he...
Archived
I am being charged with a felony for grand larceny and 4 misdemeanor charges of identity theft what will happen to me?
Benjamin's answer
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Answered on July 26, 2012
You are entitled to have the matter heard by a jury if you like - not a judge. You are in essence right that it will boil down to his word against...
Archived
Hi,
I received a speeding ticket in New York state on my way back home in Canada ( about 5 to 10 miles from the border ).
Benjamin's answer
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Answered on July 26, 2012
New York and Ontario do exchange information. Contact an attorney, s/he may be able to negotiate a plea to a no point violation.
Archived
I'm 39 and I have been accusedof identiy theft with credit cards $30000 first time being accused of a crime wha I'm I looking at
Benjamin's answer
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Answered on July 26, 2012
You can be charged with multiple felony offenses including identity theft and grand larceny. The likely charges would be class D felonies that can...
Archived
Voice recording a conversation without the other person know ..is i legal in newyork state
Benjamin's answer
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Answered on July 26, 2012
New York is a one party consent state. So long as at least one party knows and consents to the recording it is not illegal.
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