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James Joseph Galleshaw III

James Galleshaw’s Answers

22 total

  • Sealing an ACD charge

    what is the best way to seal a 6 month ACD charge, and what papers/proof is best to bring to court?Is graduation from college good enough criteria to seal a case?

    James’s Answer

    • Selected as best answer

    Assuming you already received an ACD...

    In addition to Mr. Rothstein's response, you can go to the Courthouse where the ACD was originally granted and request a Certificate of Disposition with regard to the matter. This is the official court document which should state the original charge and the ultimate disposition of the matter. If you appear after the 6 month period, it should read Dismissed and Sealed Pursuant to CPL 170.55.

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  • For a first and only offense, a class A misdemeanor, what are my chances of getting an ACD dismissal in the state of NY?

    For a first and only offense, a class A misdemeanor, what are my chances of getting an ACD dismissal in the state of NY? Age 25. Less than 400.00 dollars. Is the likely hood decent or hard to tell? I hope this isn't too vague, I do not wan...

    James’s Answer

    I'll guess at the info you left out. You were caught shoplifting less than $400 worth of stuff from a store. If so, first arrest..ACD is a possibility. There re many factors that would be takem into consideration, including your age, what you were taking, how you were caught, tje store ( is it one that actually shows up to court? Some don't.. While some push for stronger punishment.
    Best advise.. Hire a lawyer and let them do the worrying.

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  • What are our chances of convicting a man of rape in NY, 9 months after it happened, with only a testimony?

    I finally convinced my friend to go to the police 9 months after bring raped. She went to planned parenthood, got tested after it happened and is now seeing a counselor for psychological problems. She is in denial and doesn't want to make a "big d...

    James’s Answer

    The guy can definitely be and should be prosecuted. You can make an appointment directly with the district attorney's office and avoid going through the precinct. look up the District Attorney's Number on the internet and call and make an appointment with the Sex Crimes Bureau. It's not unusual for there to be a delay in reporting such a crime and her visits to PP and the counsellor will help to validate her story.

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  • What is the process to seal a conviction of Harassment in the Second Degree?

    What is the process to seal a conviction of Harassment in the Second Degree?

    James’s Answer

    It would depend the specific plea. Normally if the violation is based on a domestic incident, the DA would require that you waive your right to the file being sealed, prior to offering you the plea. If not, it should be sealed automatically, as noted in Mr. Kenniff's answer.

    You can check by going to the Courthouse and requesting a Certificate of Disposition, costs $10 and will provide you with the specifc plea.

    Feel free to call me,

    James Galleshaw - 11414

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  • Mistermeaner

    Hello, My son has been going to court since last year for assault. His case is pending his lawyer says he is being charged for mistermener type B. He is pleading not guilty. Should he plead guilty? What is he facing if he does plead guilty?

    James’s Answer

    He should not plead guilty, until his lawyer advises him to do so and only after he is 100% aware of the charge and the consequenses of his plea. Note that it is not unusual for a case in the Bronx to drag on for months and months and even years. There are many reasons the case could drag on for such a long period of time and it does not mean your lawyer is doing something wrong.

    I recommend scheduling an appointment with his lawyer to discuss exactly what the charges are and how he/she intends on defending the case.

    Otherwise, consult a new attorney as soon as possible.

    James Galleshaw

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  • Mistermeaner type B

    What is my son facing. Last year he assaulted a friend.

    James’s Answer

    Assault in the 3 Degree, is the lowest level assault charge under NY Penal Law and is an "A" misdemeanor, punishable by up to a yr in jail and or a fine.
    Note that 3rd degree is the lowest level of Assault.

    A "B" misdemeanor would be up to 3 months in jail and or a fine.

    Note that these are the maximun periods of incarceration and very rarely do individuals charged with misdemeanor assault actually get convicted of crimes. Normally, these matters are negotiated down to violations, or even dismissed. (unless of course there is a serious injury or your son has priors)

    You should definitely consult an attorney to ensure your son's rights are protected.

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  • Ballpark figure for settlement hit by car crossing street in NYC

    I was walking home from a party and I was struck by a car as I was crossing the cross walk. I was thrown by the car and got a broken ankle. both my tibia and fibula were broken along my talus. The driver drove off from the scene and was later tra...

    James’s Answer

    Unfortunately the other resposes are correct, as it's almost impossible for anyone to give you a figure. The main issue, assuming you aren't at fault or partially at fault, is how much insurance is actually covering the car. ie what are the policy limits. It's typical that the vehicle may only have a $25,000 policy, the minimum required coverage in NY.

    As such, it is very important that you retain an attorney to investigate other potential policies which may cover your loses. (SUM/UM Coverage, Excess Policies, Umbrella Policies)

    BEWARE: Progressive loves to send an adjuster to your home, offer you a bullsh_t settlement and get you to sign away your rights..DON'T SIGN ANYTHING before you speak to an attorney.

    Feel free to call me at anytime to discuss the same. No strings attached.
    You can check out my website for more information.

    Jay Galleshaw
    (718) 326-6200

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  • I was assualted by a bouncer at a dad punched him n knocked his tooth out. and now the bouncer is pressin charges on ME!

    i was at a bar for my dads birthday a bunch of his friends were there, we walkd in the bar and had a drink i then went out back with my mother and my cousin to smoke a cig.i was laughing and having a good time talkin to my mom n cuz,the bouncer co...

    James’s Answer

    Be very careful. If he did file a complaint against you and you appear at the precinct, you will be arrested.

    Based on your rendition of the facts, I'd consult an experienced criminal defense attorney and avoid answering your door when the cops show up. It's likely they will appear at your door in the near future, although they won't be able to come into your home to arrest you. Normally they contact you and say they "just want to speak with you." ie, Come down so we can get you to give an incriminating statement and then we're gonna getting arrested you...

    While you could file a complaint, it clearly would appear your doing it in retaliation.

    Also, please note that based on your facts, I highly recommend your father aklso consult with an attorney/

    Feel free to contact me at 718-326-6200.

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  • Will 2 class b felony and 1 misdemeanor charge mean jail time no matter what?

    my son just got picked up on criminal possesion of a cont. substance, criminal distribution, and misdemeanor poss. of a controlled substance. this is his first offense. the charges are stemmed from december of 2009. but he was never arrested in 20...

    James’s Answer

    I concur with Mr. Kenniff.

    Should you have any additional questions, feel free to call me.

    James Galleshaw
    (718) 326-6200

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  • My fiance was arrested at a neighbor's apartment.

    My fiance went to visit an upstairs neighbor in our building that she has known for years. Shortly after entering the apartment, the apartment was raided by the police and everybody, including my fiance, was charged with weapons and narcotics bec...

    James’s Answer

    Sounds like the Seargeant told you that in order to keep you calm. While your fiance's presence alone probably wouldn't be enough to charge him with a crime, there are numerous factors the cops and DA's(District Attorney) look at when deciding what charges to file. Even if he is 100% clean and none of the drugs/guns were in plainview when the cops raided the apt, they may still charge him in an attempt to pressure him into cooperating. Since it appears the cops had a search warrant for the apartment, it is almost certain that there was an investigation which resulted in the Cops behind able to obtain a warrant.
    At this point, it is very difficult to answer your question because not enough is actually known about the investigation and what involvement, if any, the Cops and DA have with regard to your fiance.

    I highly recommend retaining an attorney to protect your fiance's rights.

    Feel free to call me with more information or questions.

    James Galleshaw - (718) 326-6200

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