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Theodore W. Robinson

Theodore Robinson’s Answers

5,214 total


  • I had an Inquest on 6/2013 in Queens Matrimonial and still waiting on Judge for ruling. Nine(9) months have gone by now.

    Why is it taking so long for these decisions is this time normal? Hearing was on default spouse was a no show, there are kids and property involved in the case. What should I do next if any?

    Theodore’s Answer

    Regardless of whether this amount of time is "not unheard of" it is still far too long, especially when there are children involved. You should first check with the Judge's Chambers to see if the Law Secretary can speed up the process for you. Second, if that doesn't do the trick, then you can make a Motion seeking a decision since it is well over 60-90 days since the Inquest was taken.

    You may find that the Judge made the decision, but the Clerk's office is holding up the papers because of a backlog.

    Good luck.

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  • Hey my pal andrew had his case dismissed in suffolk couple months ago and wants to know about why theres an arrest warrant now?

    We were all talking bout how it got layed away and done with, now he found out theres a warrant out something about a new change to the claim but its the same claim/charge and were all hanging out like its nothing lol playing pool. so he aksed...

    Theodore’s Answer

    First, why does he think he has a Warrant out for him? Who told him and is that person dependable?
    Second, even if he had a prior case that he claims was resolved, he may have had to do Community Service or pay a fine, etc. and he may have failed to do it. That would result in a Bench Warrant for his arrest and the best thing he can do is go in and face the judge and deal with it - with an attorney by his side. If the police arrest him, it will be much harder to deal with them, than to surrender next to an attorney.

    Hire local counsel if possible. Good luck.

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  • False accusations how to cover your ass

    I received a phone call from my x mother in law she bluntly stated to me if i try to go for custody of my son while his father was in jail she would charge my husbend with child moledtation. it was not told to the father by her authorities not con...

    Theodore’s Answer

    First, a lie detector test does not have to be taken only at a state trooper barracks. Second, if the charges are bogus, why can't you and/or he take the test - even at the state troopers? Nonetheless, it is important that you get legal counseling right away to see what exposure he may have. Call a local criminal defense attorney right away.

    Good luck.

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  • What can be the outcome?

    My boyfriend is in jail for a technical violation on dirty urine and court fines. This is his second time violating his probation and doesn't have any other new chargers his attorney says his recommended sentence is 1 to 30days what is the possib...

    Theodore’s Answer

    There are any number of possibilities, but it is most likely that the Judge will follow the recommended sentence of the prosecutor in many situations - unless his attorney strongly argues against it and has something compelling to offer the court to the contrary. Then he might get less, but it doesn't sound likely.

    Speak to the defense attorney.

    Good luck.

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  • Can a judge revoke a bond because the client asked for a continuance

    We retained an attorney ans on the day of court needed a continuance to get the court appointed attorney taken off the case and his new lawyer put on

    Theodore’s Answer

    It sounds like something else was going on in this case. Perhaps you changed attorneys as the case was about to go to trial and the Judge concluded that this was just a staling technique being employed by you or some other thing that is not included in the question.

    While Judges can do almost anything they want regarding bail and its revocation, it is not normal for a judge to revoke bail just because you changed attorneys - unless there was some other extenuating circumstance that hasn't been mentioned in the question.

    Speak to the new attorney about a Habeas Corpus application in a superior court to get the bail reduced to whatever it was before the last appearance - as long as the Defendant never jumped bail or had a Warrant outstanding due to prior non-appearances.

    Good luck.

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  • Assault with a deadly weapon or not?

    Is it still assault with a deadly weapon if someone shoots at another person but does not in fact hit the person? What would this charge be considered?

    Theodore’s Answer

    If the other person was never struck, then it could be reckless endangerment, attempted murder, attempted assault with a deadly weapon and a number of other charges. However, you only gave a few facts, which makes it impossible to form an informed answer to this question. Speak to a local attorney about this right away.

    Good luck.

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  • As a Victim of a crime what will I be asked on the witness stand?

    my ex is being criminally charged with violating the restraining order and the trial is set for may 7th and im wondering what I will be asked.. was told that I have to testify in front of a jury.. Its a jury trial.. What will I be asked and how lo...

    Theodore’s Answer

    You will be asked to tell the jury exactly what transpired to cause your "ex" to be arrested. What you saw, heard, felt, etc. that indicates that he committed a crime. Then, his attorney will ask you questions on what's called cross-examination in which s/he will test your testimony and try to trip you up to see if you're lying about anything that you said. One of the hallmarks of lying is inconsistency between the story you told the police right after it happened, what you testified to on Direct examination and then what you testify to when under the pressure of cross-examination. If you are fairly consistent in what you say all three times, then the jury will likely believe your story and if it meets the standards for conviction, they may convict your "ex."

    Meanwhile, speak to the state's prosecutor and ask him/her what they will be asking you and ask to see your original statements so you remember better what you said at the time and make sure to correct any misstatements the police may have written down or at least advise the prosecutor if there are any.

    Good luck.

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  • I jumped a turnstile as my card was empty. I was given a pink slip (140.05) to appear in criminal court by a under cover cop.

    Trespass in violation of 140.05 at time square. This is my first time with anything like this and I know it was wrong of me to jump even though I had no money. Should I just go to court on the day with cash to pay the fee or is it better to get a ...

    Theodore’s Answer

    You should be eligible for an ACD Adjournment in Contemplation of Dismissal if this is your first such offense. You may be eligible for a Legal Aide attorney, but that will depend upon your financial situation and that of your parents if you live with them.

    It is still best to have an attorney with you if possible.

    Good luck.

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  • Is it illegal to record an in person conversation between yourself and another person using your cell phone recording app?

    Is it illegal to record an in person conversation between yourself and another person using your cell phone recording app without the other person knowing, in the state of New York?

    Theodore’s Answer

    It is NOT illegal in NY state to record somebody with your cell phone - as long as you are part of the conversation with that person. It is illegal to record someone else who you are NOT having a conversation with at the time.

    Also, you do NOT have to inform the other person with whom you're talking that you are recording them secretly.

    Good luck.

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