Archived
I got arrested again for marijuana while having a ACD pending as of less then 2 months ago, what will happen?
Benjamin's answer
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Answered on April 22, 2012
It is unlikely that they will violate the first ACD and restore the case to the calendar. It is also very
possible for you to get another ACD....
Archived
NY State Penal Code
Benjamin's answer
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Answered on April 22, 2012
What change are you talking about?
Archived
My boyfriend got arrested for dwi in ny. He is from pa and has 2 pior duis in pa...will this count as a 1st dwi in ny or 3rd?
Benjamin's answer
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Answered on April 22, 2012
He will most likely be violated with regard to his PA probation and could face some serious charges here in in NY. He needs to have an attorney who...
Archived
I was sentenced to 3 yrs probation for a 2nd DWI, my first was 9 yrs ago....I have already served 6 months probation, if I wante
Benjamin's answer
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Answered on April 22, 2012
I'm not certain the choice is yours. You would have to be violated on probation and your exposure would be up to a year in jail.
Archived
NYS DOC inmate cannot get commissary due to restitution to be collected while incarcerated. can they take 100% of the funds sent
Benjamin's answer
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Answered on April 22, 2012
They can take money out of the account fr restitution but they are supposed to leave you a percentage to be able to use.
Archived
If you are read your miranda at queastioning by one law enforcement agency, and another arrests you, should they be given again?
Benjamin's answer
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Answered on April 22, 2012
Because of the four month gap, if the county officials wanted to question you they would have had to read you your rights. If they didn't question...
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Archived
Can I appeal with a public defender after incarseration?
Benjamin's answer
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Answered on April 22, 2012
If there are legitimate appealable issues and you cannot afford an attorney the court could assign an attorney for...
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Can i appeal a plea deal if i feel the lawyer was incompatent and scared me into taking a plea and lied about the consequenses?
Benjamin's answer
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Answered on April 22, 2012
If your lawyer misled you, an argument can be made that the plea wasn't entered into knowingly and that you did not have effective assistance of...
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Time served
Benjamin's answer
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Answered on April 22, 2012
Time served means that your punishment will be the time you already spent incarcerated.
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If a grand jury has a charge up for indictment and does not indict, can they indict three months later?
Benjamin's answer
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Answered on April 22, 2012
It is technically possible. Either way he is now indicted and as such he should be discussing all relevant issues with his attorney.
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