Got a violation for harassment how long will it stay on my record
I believe that it is two years where there is an order of protection in effect. It used to be one but changed about 12 years ago.See question
I live in a different state and have a valid drivers license now, but Previously I got into a car accident while driving in New York with a New York permit. However I didn't know at the time my NY permit was suspended for failure to pay child supp...
Sounds like a VTL 511.1 which is a low level misdemeanor for which the maximum penalty is 30 days jail (which is really 20). I doubt that bail would be set - and doubt even more that jail would be imposed- but I would need more info to give you a better answer. I can say that the sooner you respond the better. Be prepared to explain why you failed to appear and when you learned about the warrant. Is the child support issue cleared up? Any priors? Prior bench warrants? The more info you give us the better we can attempt to answer the question.See question
I signed a white paper from the police and didnot get a copy of this paper i signed. She said, this is a ticket for the trespasser. I was told that a district attorney will contact me. Nobody contacted me. Now, i donot even know if the police gave...
I agree with Eric - this may be a summons that does not show up in webcrims. However, it sounds like a non-criminal trespass summons - the DA does not get involved in this. It's prosecuted by the police - maybe call them?See question
my husband is on parole and got a traffic ticket for eating a red light, can parole violate him for that?
I have been practicing criminal law in Brooklyn for nearly 15 years and have never seen them violate someone for a traffic infraction. In fact, they very rarely violate for a misdemeanor arrest ( or three) that result in a non-criminal disposition. You can tell your PO about it - he will not care or record it.See question
Can a defense attorney in a homicide case subpoena his own witnesses, or is he limited to only examining the ones called by the prosecution?
Any attorney can call or subpoena their own witnesses. The subpoena part is a bit more complicated; need more info to give a better answer. Are the witnesses not willing to come in? Are they hostile to the defense?See question
am an immigrant but i qualified to apply for daca.. during the process i was charged with dui so no longer accepted for DACA.. is there anyway i can erased it from my record so that am able to apply again..
I agree with my colleagues but would also point out that under NY law even a plea to the traffic infraction of Driving While Ability Impaired (DWAI) cannot be sealed. It will show on your rap sheet forever.See question
I was caught stealing a $60 game, gave the security no hard time and admitted to everything. I was told the police would not be involved, no charges will be put against me, I just needed to take a photo and sign a paper agreeing to being banned fo...
I agree with my colleagues. I have never seen a store pursue this. Gary Muldoon has an informative article on it:http://muldoongetz.com/issue76.htmlSee question
If you appeal the conviction can you remain free until the appellate process has exhausted itself?
Not necessarily. If the judge does remand or "put you in" on a state case you have a right to go directly to the Appellate Division and pick the judge to hear your application pending appeal. This avenue is in my opinion very underutilized by criminal practitioners. My wife, who is a brilliant attorney, recently did this after her client was sentenced to 1-3 years in NY County and the Appellate Division released him on $1,500 bail. Her appeal was just denied but the 1st Dept. modified the sentence to straight probation! The case is People v. Elliot Ocasio http://www.nycourts.gov/reporter/3dseries/2015/2015_07428.htmSee question
the police videotaped my dui arrest but when I requested the videotape 18 months later they said they don't store it for so long and said it was destroyed according to their manual the prosecutor did not have a copy of the videotape either can I w...
I agree with my colleagues, not Brady. However, as Eric points out you may be able to benefit from it. The judge could instruct the jury that they can draw an adverse inference (or speculate) as to why the video disappeared. Your attorney needs to make this request.See question
My sister received a DWI in NY State in June, She works for a large pharmaceutical in New Jersey, and her job is 85% travel. Without her license, her career is in the tubes. Yes, its always easier to say after the fact and realize the error of you...
I need more info to better answer this. Is she a NJ resident with a NJ license? What was the chemical test reading? Accident? Priors? Did she refuse to blow? I have represented many professionals in DWI cases without any employment consequences, at all. An impaired in NY is a traffic infraction not a crime; also NY cannot suspend a NJ license.See question