Archived
If I'm being charged with a similar offense that happened prior to my conviction would that be repeat offense
Todd's answer
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Answered on October 17, 2017
The Answer is "No". But i would take it one stop further: How long did the Prosecutor know about the prior offense? It would violate " Due Process...
Drugs in stolen purse
Todd's answer
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Answered on June 30, 2016
Under New York Law, there has to be "Possession" of the drugs. Under your scenario, when recovered, the purse owner would simply not be in...
Is it illegal to sell t-shirts and pins with someones face on it who is missing?
Todd's answer
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Answered on June 30, 2016
Terrible situation. Sorry to hear it. I believe this New York Statute found in the Civil Rights Law will answer your Question:
§ 51. Action for...
Archived
How do I get my boyfriend his time served to count in jail?
Todd's answer
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Answered on June 26, 2016
The Lawyer should ask that the sentence date be run Nunc Pro Tunc ( related back) to when he first went in so he gets credit.
Archived
If i was false arrested then made a 1983 claim federally with pending criminal charges does the da have to give me a offer that
Todd's answer
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Answered on March 06, 2016
In a general sense, Prosecutor cannot frame a disposition with civil consequences in mind. There were many cases years ago where the Prosecutor...
Archived
Is there a crime here? Is it attempted larceny?
Todd's answer
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Answered on February 18, 2016
Probably not. For an Attempt at a crime to be a crime the person would have had to be " dangerously close" to the crime being committed. Doesn't...
Archived
The county judge denied the 440.30 & the Court of Appeals approved it. The 440.30 & direct appl were combined.
Todd's answer
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Answered on February 06, 2016
This question is extremely hard to answer without specific facts. However, in general, in DNA evidence cases, an interim order can be entered...
Archived
Can probation issue all these sexual offender conditions even without the conviction of a sex crime?
Todd's answer
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Answered on February 06, 2016
Of course, i would have to know more about your case. However, the question is if the Judge set those conditions or did probation do so on it's own...
Do I have to return to court when the six month period is up? Will I get anything in the mail about the case?
Todd's answer
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Answered on December 19, 2015
The case will be automatically sealed and dismissed at the end of the period and a court appearance is not necessary UNLESS there was a condition...
Archived
Can I have sex with a 21 year at the age of 17?
Todd's answer
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Answered on December 13, 2015
The real question is can the 17 year old have a sexual relationship with you and the answer is "yes" in that a 17 year old can legally consent to...