Can I claim malicous prosecution

In essence, in order to be successful in a mal pros claim you have to show that the criminal action resolved in your favor. Hence, a conviction...

My son father got arrested for 140.25 FC (BURGLARY-2ND C Felony) of Sept 12, 2013 while on parole for Burlugry

Its hard to give you a precise answer based upon the information that you provided, but I would hazard that he is facing the possibility of being...

Should I go beyond a public defender (i.e. hire a lawyer) to try and convert a class A misdem to ACD or infraction?

In considering whether to hire your own attorney you should remember that while you have the right to a free public defender, this does not...

Can I keep a certain type of knife in my car in NYS?

As a general principal, NYC bans the public possession of knives with blades greater then four inches in length. Also butterfly, gravity and...

A former employee of an NYC agency makes a FOIA request for his file; nothing received after 8 mos. Can a FOIA lawsuit be filed?

As a general matter, if you have not received a timely response as required by law, the matter is deemed denied by the agency and you can then...

Is there a such thing as a one time Plea Offer ?

Plea bargaining is largely controlled by the District Attorney’s office. Each DA’s office in New York is unique, hence plea bargaining varies from...

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My lawyer waived felony PH, we are a group of 7 all being charged equally and all lawyers agreed to waive PH, was it a good move

Based upon the information you have provided, its impossible to know whether it was a "good move" for your attorney to waive the hearing. Every...

The answer to your question is absolutely "yes." The mailman can certainly sue you. Of course whether he will be successful is another story. ...

Should i take the chance to leave? Please advice.

I would confirm this with an immigration attorney, but my understanding is that if you are a non-citizen and have a felony conviction there is a...

If I request a Wade Hearing before I make a decision on accepting a plea offer can I be forced int o a trial?

In general, in New York State plea agreements are made between the District Attorney's Office and counsel for the Defendant. There is a different...