Archived
Can a out of time appeal be filed if do to hardship....lost paperwork do to my traveling in the prison system?
Benjamin's answer
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Answered on May 22, 2012
The time to file can be extended if a legitimate reason can be demonstrated. You should speak with your attorney ASAP. S/he should have at the very...
Archived
After compliance of 6 months and the deliquency charges are dismissed, are they still on his "Juvi" record for life?
Benjamin's answer
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Answered on May 22, 2012
The fathers RAP has absolutely no bearing on this matter. If he does what he is supposed to and the case gets dismissed he will not have a record.
Archived
Can you get a DL number and surcharges in NJ without ever having obtained a driver's license?
Benjamin's answer
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Answered on May 22, 2012
Yes you can and if the abstract shows suspended and you don't have a license it is referring to your driving privileges in the state. I suggest you...
Archived
Can a cop open your passenger side door as soon as he walks up to your car on a traffic stop
Benjamin's answer
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Answered on May 22, 2012
The short answer is a resounding NO.
Archived
How do I check on bench warrants, or outstanding summonses? Kings and New York County in New York City, NY
Benjamin's answer
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Answered on May 22, 2012
Sounds to me as though a warrant was indeed issued when you didn’t appear in court for the open container summons. Later when you held the train...
Archived
My son was charged today with second degree assault
Benjamin's answer
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Answered on May 22, 2012
I’m not exactly clear as to what happened. Both 12 / 21 is somewhat what? Either way if your son is being charged with Assault in the Second he...
Archived
What qualifies as stalking? Are orders of protection fairly simple to attain? Possible, even?
Benjamin's answer
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Answered on May 22, 2012
From what you describe it seems as though this ex is stalking and your girlfriend should file a police report. She can also go to Family Court and...
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Archived
I was wrongly convicted of a minor traffic offense.
Benjamin's answer
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Answered on May 22, 2012
The added 15 days wouldn’t be sufficient to have the decision overturned but there may be other reasons. File an appeal.
Archived
Can I speak in my own defense to request a dismissal for a 140.05 on the grounds that the summons is facially insufficient?
Benjamin's answer
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Answered on May 22, 2012
It is never smart trying to navigate the criminal justice system without an attorney, let alone trying to make a legal argument. If you cannot...
Archived
Can a plea for a class D felony be appealed if the lawyer lied to his client about the consequences of taking the plea?
Benjamin's answer
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Answered on May 22, 2012
A plea can only be entered into knowingly and voluntarily (with effective assistance of counsel). If the defendant can demonstrate that he did not...
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