Archived
I need to get in touch with my Legal Aid Lawyer (criminal defense) who never answers his calls and is always in court
Luigi's answer
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Answered on October 12, 2014
Try sending a certified letter. I'm not saying that this will work but if it's sitting on his desk, he may eventually get back to you since...
How many times can a case (aggravated DWI) be postponed and can the postponements provide some advantage to the defendant?
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Luigi's answer
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Answered on October 12, 2014
Any case, particularly an aggravated DWI, can be adjourned many times. It all depends on how busy the court is, whether the DA handling the case...
Archived
What are possible defenses to 120.45?
Luigi's answer
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Answered on October 12, 2014
No intent, the conduct was for a legitimate purpose, no knowledge or imputed knowledge, if charged under subdivision one, the conduct was not...
Re: Petit Larceny case - On 1st appearance with lawyer -Defense attorney said "Adjournment for Discovery" to me - what is this??
Luigi's answer
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Answered on October 08, 2014
First, adjournments of two months after arraignments typically means that the court is backed up with cases, thus requiring such a lengthy...
Should a criminal defense attorney file a cross complaint?
Luigi's answer
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Answered on October 08, 2014
A cross-complaint is something that the complaining witness files. The police will not allow your attorney to file that. You, as the witness,...
Had a breath test that came back as .11 i had stopped drinking 2 hours before....would my blood test be lower?
Luigi's answer
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Answered on October 07, 2014
As some of my colleagues have stated, it depends. If you ingested several drinks immediately before you stopped, you would have what is typically...
Archived
Is it legal for a judge to say as a condition of bail produce a clean urine tox?
Luigi's answer
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Answered on September 28, 2014
I'm pretty sure that this is allowed. I have certainly seen judges do it locally. It looks like many of my colleagues here agree. Good luck!
Archived
My friend got a dwi in december 2012 his lawyer said that speedy trial my not work why is that he is just now going for trial
Luigi's answer
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Answered on September 28, 2014
That may depend on a variety of factors. If the DA answered ready for trial, then the time would not be chargeable against the prosecution. ...
Archived
Can right to a speedy trial be used as a defense against speeding ticket ?
Luigi's answer
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Answered on September 28, 2014
The answer is no. First, constitutional speedy trial can be used as a defense in traffic matters however, case law has stated that as much as 20...
Dwi charge without breath test?
Luigi's answer
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Answered on September 25, 2014
Driving While Intoxicated can be proven under two separate theories. First, there is Vehicle and Traffic Law ("VTL") section 1192(2), Driving...
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