Archived
My boyfriend was accused of an armed robbery. If he is pleaded guilty, where will he go and how long will he be there for?
Benjamin's answer
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Answered on January 10, 2010
From what you describe he is being charged at least with a class C felony. A determinate sentence of imprisonment is mandatory. The term must be...
Archived
In a Criminal Case Do Principles of, Payton v. NY; Minnesota v.Olsen; Dunaway v. NY; Wong Sun v. US, survive a guilty plea?
Benjamin's answer
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Answered on January 10, 2010
Without getting into the heart of what you have raised I will point out that in Brooklyn it is the practice of the DA to require a waiver of appeal...
Archived
I need a criminal lawyer to guide me how to prove my innocence
Benjamin's answer
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Answered on January 10, 2010
The Brooklyn DA conviction rate after trial on gun possession cases is, shall I say, not his strongest PR point. Speak to a lawyer.
Archived
Will the accusers/victims criminal record come into play if the case was to go to trial?
Benjamin's answer
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Answered on January 10, 2010
I do practice in New York and ditto to all Ms. O'Connor wrote. I will add that there is no hard and fast rule as to how far back the conviction had...
Archived
My brother is disabled, on SSI. A summons to court was thrown in front of our door with a date of 10/19.All property is mine.
Benjamin's answer
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Answered on January 10, 2010
This really isnt a criminal matter. The collection agency may very well be in violation of the federal Fair Debt Collection Practices Act and its...
Archived
Does the FBI and the NY Department of Justice reveal dismissed and sealed info to employers who fingerprint you?
Benjamin's answer
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Answered on January 10, 2010
Generally New York is good about following their own law and they supposedly destroy the fingerprints and photographs. The FBI on the eother hand...
Archived
How long can an inmate be held for extradition on misdemeanor charges to P.A./
Benjamin's answer
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Answered on January 10, 2010
Generally speaking they can hold him for thirty days and then extend the time for an additional sixty days.
Archived
What is the statue of limitation on felony weapons possession
Benjamin's answer
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Answered on January 10, 2010
The statute of limitations for this felony in New York is five years.
Archived
Case Ordered Sealed Released on Recognizance?
Benjamin's answer
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Answered on January 10, 2010
First of all any case shouldn’t show up on a background check unless and until it has been disposed of with some sort of conviction. Having said...
Archived
Lega liability for selling a gun in NY 30 years ago.
Benjamin's answer
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Answered on January 10, 2010
Under NY law (im not certain as to any federal statutes regarding this) under the circumstances you describe you would be safe. if for nothing else...
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