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Theodore W. Robinson

Theodore Robinson’s Answers

5,214 total


  • Can a federal judge change my sentence once it has been handed down?

    I was sentenced to time served with 5 years supervised release. The judge also sentence me to serve the first 24 months in a half-way house, but the half-way house can not accommodate me. Can the judge re-sentence me and incarcerate me instead?

    Theodore’s Answer

    All options are available to federal judges. In this case, we don't know why you received "time served" in order to get half-way house and 5 years post supervision release (which is tantamount to parole). However, you may have already served enough time in jail awaiting your sentencing or something else may have happened in the case to justify this type of lenient sentence for you.

    Yes, a Judge can imprison you again if the facilities are unavailable for half-way house housing, but it's not likely as long as you've followed all the directives of Probation and anything else up until this point.

    Speak to the attorney who accompanied you at the sentencing for best results.

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  • Can landlord or his agent rent commercial space to another tenant after I have given deposit.

    I found commercial space for rent and contacted the real estate agent. After negotiation, I left $500 deposit in check which was cashed, so that a lease can be made, i also informed agent that the franchise we are putting in the space, has approve...

    Theodore’s Answer

    You had made an offer to lease, subject to your franchise's review and approval. Apparently, they took too long and somebody else came along and found the space acceptable and signed a lease before you were given a lease to sign. Therefore, unfortunately, you have no rights - unless a smart lawyer can convince a Judge to award you the place, claiming that the deposit acted to hold the space and was a down payment towards the lease - which I doubt will hold up upon review, but it might sway the Landlord to abandon the new tenant if s/he hasn't yet signed a lease for the space. However, with real estate of any nature, all documents must be in writing in order to be binding on both parties and since you don't have that, you have nothing in my view.

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  • Dui n accodent..

    Last weekn i had lil. Few drinks i left bar n when i was drivin i lost control of the vehicle. I hit a parked car and i panics. So took. Off from the accodent. And few. Blocks from there got pulled over and got booked in in a different. City. Wen ...

    Theodore’s Answer

    You didn't mention whether the police who arrested you actually gave you a breath or blood test for alcohol and/or drugs, so it is impossible to say whether the prosecution can prove a DUI against you. If you did take such a test and "failed" then they may be able to prove their case against you. If not, then it is unlikely they will arrest you and book you in the original City.

    The best thing to do is to consult with a local experienced attorney and get some direct advice on this important subject.

    Good luck.

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  • I was charged with a Felony DUI on 3/23/11, but all charges were dismissed by prosecution because the police officers admitted..

    that they did not place me under arrest for DUI; only for driving on a suspended license. Now, over 3 yrs later the Felony DUI charges are still on my criminal record (showing dismissed), but nevertheless, still on my record. Question: Since I was...

    Theodore’s Answer

    Because your case was dismissed by the Prosecutor and you were never actually arrested for DUI, it would appear you are a good candidate for expungment. I suggest you view the other attorney's comment and follow up with him.

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  • My P.O. abused her position when she lied to get a violation warrant, what is my recourse?

    I was living on the 8th floor of an apt bldg, the PO came to my home, rang the buzzer "outside' and apparently felt that I took to long to buzz her into the bldg, she immediately requested a violation of parole warrant for "failure to be home" dur...

    Theodore’s Answer

    Sorry to hear of your troubles, but as another attorney said, why wait six years to raise these issues? Second, being that you're on Probation for a Robbery Charge, it is not unusual for a PO to keep you on a bi-weekly schedule, especially if they've had a background with you already. Obviously, she doesn't trust you at all - regardless of your exemplary conduct since that time. She is going to look at you the whole time until 2015. I suggest that if you are worried about being assigned to her that you constantly carry your cell phone and record everything that happens with her from now on and see how well that works for you as proof the next time she "goes rogue" as you put it. Perhaps if you just follow her rules and open the door whenever she shows up, she'll actually get the idea that you're willing to follow the rules from now on and leave you alone.

    Good luck.

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  • What does it mean if my case goes to nassau county criminal court part 4?

    I have a previous charge from 2006 of possession of stolen property and was recently arrested and charged with petit larceny I was ror and the public defender said I was going to have issues

    Theodore’s Answer

    There is no way to tell what "issues" you may have, but your past criminal history could be one of things that the DA will look at when negotiating your case. It will also depend upon how much value was stolen because the DA in Nassau has certain points that they don't go beyond according to how much was stolen. Beyond that, you need an experienced criminal defense lawyer who primarily practices in Nassau County and knows the players there. Speak to at least three lawyers before hiring one.

    Good luck.

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  • If i caught a ticket for drinking n im on federal probation is there no way i can beat the ticket

    the cop wrote three people a ticket for drinkin the same bottle n the actual person that was drinking got locked up n alreddy pleaded guilty for it and now im facing 5 years instead of 1 because i was told iwill lose 5 points on my sentencing g...

    Theodore’s Answer

    Your question is inconsistent because you claim you're on Probation, but then mention the sentencing guidelines, which indicates you are facing a sentencing procedure in federal court. It is not usually both at the same time, but it could conceivably be both if you were already on Probation and then are facing a new sentencing for something else.

    I strongly suggest you hire an experienced criminal defense attorney who does federal work extensively. It sounds like a defensible case if it is handled by the right lawyer for you. Talk to at least three lawyers before choosing the one for you.

    Good luck.

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  • How long will my friend serve?

    Long story short; My friend found out his wife was cheating, went to the lovers house where she was, and shot through the door hitting the lover 5 times (non life threatening). He then fled the scene. He has been charged with AGG BATTERY WITH DEAD...

    Theodore’s Answer

    It is impossible to prognosticate and tell you how much time he will do since it depends upon so many things, most of which are not mentioned in this question. However, the fact that the wife was cheating on him and he shot into her paramour's door may help a little. The fact that he has PTSD should also help somewhat, but having an experienced criminal defense lawyer is the best thing he can do for himself. This sounds like it could be a defensible case in the right hands. Have him check with at least three experienced criminal defense attorneys before hiring one.
    Good luck to him.

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  • Could I dissolve my company and be free of the non-competitive contract since I signed the contract under my company name?

    I'm the CEO and only owner of a postproduction company. I mainly work as a IC (Independent Contractor) doing photo retouching. In my line of work is a lot of confidentiality agreements and non-competitive contracts that I have to sign with clients...

    Theodore’s Answer

    You need to have the specific agreement reviewed by a local attorney who is familiar with this type of thing. However, non-competes have a lot of loop-holes to them. Some relate to distance from the original firm, others to the amount of time that passes since you worked for the original firm. All of those things must be reviewed by an attorney in order to give you proper advice. In other words, it's not just a simple issue for which a general answer will suffice. Speak to an attorney in your area. Look for them on Avvo and see if they have the highest rating of a 10 to assure good representation.

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  • I got caught shoplifting a $7 item from Macy's CA, and got fined $425. Is this a bit extreme?

    I was caught shoplifting a SEVEN DOLLAR item and they fined be for civil fee of $425. Is this a bit extreme? I am also a minor.

    Theodore’s Answer

    Yes, it is too extreme, but they have the right to demand it under the law. However, since you're a minor, Macy's would not be able to collect against you. They may try against your parents, but I doubt they would be able to attribute your theft to your parents. Therefore, the store's attorney would likely be without any real opportunity to collect against you. However, speak to a local lawyer about the matter just to settle your mind and those of your parents. And don't steal anything anymore.

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