Archived
I received a ticket that originally had violation code 1225c2a but the office changed it and wrote 1225d and initialed change.
Ian's answer
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Answered on January 13, 2014
As Mr. Manley stated if your ticket is in Suffolk Traffic and Parking Violations Bureau an attorney can most likely get you no points. Contact a...
Archived
An arrest was made to the individual that broke my car window. labeled criminal mischief.
Ian's answer
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Answered on January 13, 2014
I would add to Mr. Greenspan's answer that you call the DA and see if the case can be calendared for you to ask the Court for an order of...
Can an omnibus motion in a felony indictment be added to, supplemented or amended one year after the said motion is ruled upon?
Ian's answer
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Answered on January 13, 2014
If new evidence has been discovered that was not available to the defense or could not have been discovered after due dilligence another motion...
Archived
221.05 - I'm a Canadian and cant have a record. what are the other options?
Ian's answer
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Answered on January 13, 2014
An ACD is an Adjournment in Contemplation of Dismissal. That means if you stay out of trouble for one year the charges get dismissed...
When can a defendant request Rosario material in a felony DWI case in NY? And when is a defendant entitled to Rosario material?
Ian's answer
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Answered on January 13, 2014
The attorney can request it at anytime. The prosecution, however, is not required to turn it over at a pre-trial hearing until after the witness...
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Archived
If a judge revokes probation, is it legal?
Ian's answer
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Answered on January 13, 2014
If the judge revoked probation then your son is off probation and does not have to report. Usually when probation is revoked the defendant is...
Archived
During a felony DWI trial in NY, can a police officer testify to pass/fail opinion of field sobriety tests of a defendant?
Ian's answer
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Answered on January 13, 2014
The officer stating that a motorist passed or failed a field sobriety test (FST) should be objected to by an attorney. The officer can state what...
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Archived
How do I get this case dismissed
Ian's answer
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Answered on January 11, 2014
You need to provide more information. What charge? Why were you released?
If you got arrested and spent night at central booking, prosecuted charge you with disorderly conduct and $100dismiss the case.
Ian's answer
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Answered on January 11, 2014
If they want you to pay a fine it means you would be pleading guilty. I am suprised you haven't been offered an ACD. Ask your legal aid attorney.
Archived
Implication of CPL 60.50 and CPL 190.65 on a felony DWI case with only proof of operation being admissions by the defendant.
Ian's answer
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Answered on January 11, 2014
The 60.50 corroboration requirement is quite mnimal. All that is needed is some other proof that a crime was committed. Observations of...
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