Archived
If a warrant is not presented but they state that they have one when they are making an arrest out of a home is the arrest legit
Benjamin's answer
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Answered on January 13, 2010
The police are required to show you the warrant but the fact that they didn’t ultimately might not make much of a practical difference. If they did...
Archived
House arrest instead of jail time?
Benjamin's answer
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Answered on January 13, 2010
Was your boyfriend convicted because he took a plea or did a jury reach a guilty verdict? If it was a plea the court will likely keep to the...
Archived
How much wil i get charged for breaking in a house with my frien who was running down the street with a gun on her
Benjamin's answer
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Answered on January 13, 2010
You could very well be charged with a top count of Burglary in the first degree which is a class B felony that carries a mandatory prison sentence...
Archived
If convicted on crim poss stolen property4th degree, forgery in the 2nd degree &disorderly conduct, how will it be sentenced??
Benjamin's answer
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Answered on January 13, 2010
The forgery in the second degree count is the more serious one as it is a class D felony. The possession of stolen property in the fourth degree is...
Archived
Was arrested for the illegal possession of a firearms, but there never was a gun
Benjamin's answer
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Answered on January 13, 2010
If there was no gun recovered it will be extremely difficult for the prosecution to prove their case. Almost like trying to prove a homicide...
Archived
Violation of Probation on DWI charge
Benjamin's answer
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Answered on January 13, 2010
You can be sure that the Court will not be pleased with your violation. Essentially the judge could resentence you on the conviction (whether it...
Archived
How much time can I get fro assault 3rd kid sustained blk eyes broken nose busted lip I have minor affences 4 yrs ago
Benjamin's answer
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Answered on January 10, 2010
Worst case scenario assault in the third degree is a class A misdemeanor which can carry a sentence of up to one year in jail.
Archived
What will happen to a first time felon? Does he have to do time or is probation an option?
Benjamin's answer
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Answered on January 10, 2010
from what you describe it seems that the top charge would be a class E felony. Assuming his lawyer cant get a plea bargain to have it reduced to a...
Archived
Arrested for shoplifting in NYC. Issued DAT P.L. 165.40
Benjamin's answer
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Answered on January 10, 2010
Depending on what it is that you took (ie monetary value) you should be able to get an ACD. An ACD is not a criminal conviction and the case...
Archived
A friend of mine found a gun, But the gun had no magazine or bullets.So will he get jail time for the gun itself?
Benjamin's answer
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Answered on January 10, 2010
Whether he had bullets on him or not is a very important issue. The gun is considered loaded as far as the law is concerned if he had access to...
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