Re: NY State Penal Law- can a person be charged with menacing using a toy gun ?

Yes--it doesn't need to be a weapon, it just has to appear to be one.

Selected as the best answer

They can be dropped but it is unlikely. The delay and/or lack of hospital paperwork will weaken the case but doesn't require dismissal.

If you have a warrant for your arrest, do they have to read you your rights before they put you in jail?

Unfortunately, No. They only have to read you your rights when they question you about the underlying facts of your case Joseph A. Lo...

My son, who is 21 has been charged with robbery in th 2nd degree in Suffolk County Long Island he has 2 misdemenors in queens.

He should speak with his attorney. Maximum sentences can happen but are not a guarantee. The conviction rate is misleading because it includes...

Can evidence be thrown out in a case where a fire arm was found under the floor during a response to a 911 call @ a home

Potentially. It depends on what was said to the police when they arrived. Joseph A. Lo Piccolo, Esq. Immediate Past President, Criminal...

ROBBERY IN THE 2ND

??? Joseph A. Lo Piccolo, Esq. Immediate Past President, Criminal Courts Bar Association 11'-12' Hession Bekoff & Lo Piccolo 1103 Stewart...

ROBBERY

? Joseph A. Lo Piccolo, Esq. Immediate Past President, Criminal Courts Bar Association 11'-12' Hession Bekoff & Lo Piccolo 1103 Stewart Ave,...

He cannot drop charges. The state prosecutes you, not him. If he does not cooperate, then the charges may be reduced or dismissed. Joseph A....

Yes---you need an attorney to fight this issue. The law should be challenged and hopefully it will be struck down. Joseph A. Lo Piccolo,...

Should I try to fight for a dismissal of a DWI charge when the officer was called for a 911 call and did not protect me but sugg

Sounds like a reasonable argument and defense. Good Luck! Joseph A. Lo Piccolo, Esq. Immediate Past President, Criminal Courts Bar Association...