Archived
Traffic violations (suspended license/Registration) now reflect as misdemeanor I want to know how to appeal?
Benjamin's answer
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Answered on April 03, 2012
You have thirty days from the date of the conviction to file an appeal. You can get the form on the NYS DMV website. Appeals, however, are only...
Archived
HOW MUCH TIME WILL MY FIANCEE DO FOR ABSCONDED AND GRAND LARCEY 4
Benjamin's answer
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Answered on April 03, 2012
Grand larceny in the fourth degree is a class E felony. With his priors there is mandatory prison time (he could get anywhere from one an a third...
Archived
My son was arrested charged with crim sale of a controlled substance 3rd after refusing to work for the investigator.
Benjamin's answer
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Answered on April 03, 2012
CSCS in the third degree is a B felony this is a serious charge and if convicted could send him to jail. A YO can't be used against your son in...
Archived
What happens if a cop throws a ticket at me instead of handing it to me?
Benjamin's answer
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Answered on April 03, 2012
If you don't appear in court when you are supposed to a warrant will be issued for your arrest. Not only could this make matters worse but you...
Archived
If a client spoke to his/her public defender about their case but asked the defender not to speak to the D.A until he/she decide
Benjamin's answer
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Answered on April 03, 2012
You probably couldn't sue the public defender and it definetly won't get the case dismissed. If the public defender did in fact divulge attorney...
Archived
Would it be illegal for an 18 year old to have a relationship with a 17 year old?
Benjamin's answer
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Answered on April 02, 2012
The age of consent in CA is 18 and there are charges that can be brought if you have sex while one of you is 18 and the other is younger than 18. I...
Archived
I got caught shoplifting but do i have to pay the fine??
Benjamin's answer
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Answered on April 02, 2012
No one here can tell you if you will receive a letter or not. Either way, I generally advise clients to ignore these civil demand letters. You...
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Archived
How do I file motion to quash subpoena?
Benjamin's answer
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Answered on April 02, 2012
While I understand why it is that you may want to quash a subpoena the IRS issued to your bank, that wouldn't be a legal reason. You are unlikely...
Archived
I was pressing charges and they have this person pretrial probation until the court date, I do not wish to prusure these charges
Benjamin's answer
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Answered on April 02, 2012
What you need to understand is that it isn't you who is pressing charges. It is the government on behalf of the People of the State of New York...
Archived
Is the driver always responsible for whats found in the car?
Benjamin's answer
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Answered on April 02, 2012
A driver can generally be held responsible for what is in the vehicle under a theory of constructive possession. If, however, it can be...
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