Archived
“what am i looking at with being arrested for 4 counts identity theft and grand larceny with prior record”
Ian's answer
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Answered on August 18, 2014
It depends on the strength of the prosecution's case. It also depends on what you are probation for now. If you are on probation for a felony and...
Archived
I was given a search warrant after the search was completed and noticed that the date was changed by hand
Ian's answer
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Answered on April 25, 2014
As a former prosecutor who prepared dozens of warrants and witnessed judges signing them, I can say that if the judge made the correction/change it...
Archived
Suffolk County, NY - Town of Southhold.
I was given a citation for using a cell phone while driving.
Ian's answer
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Answered on April 10, 2014
The summons can be based upon "information and belief" provided that the source of that information and the basis for the belief are stated. A...
Archived
Using Cell Phone While Driving Ticket from July 2012
Ian's answer
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Answered on March 20, 2014
Depending on your driving record, a local criminal defense attorney can probably get a no point offense and a fine, based on my experience. Good...
Archived
Since the prosecutors are so underhanded, how could a person use a false document that a DA has and use it to arrest the signer?
Ian's answer
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Answered on February 26, 2014
Like my colleague asked, how do we know the statement is false? Often cases come down to the credibility of witnesses. If it is a one witness...
Does a DA refiling a dismissed case mean a trial or just a matter of an attorney filing more motions to oppose it?
Ian's answer
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Answered on February 21, 2014
If the accusatory instrument was dismissed as insufficient the DA can re-file a new one but must do so within 90 days (exclusive of any time the...
Archived
Question on NY law for misdemeanors:
Ian's answer
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Answered on February 21, 2014
If the case (the accusatory instrument) was dismissed as legally insufficient and a new accusatory instrument is not filed within 90 days then the...
Archived
When do you file the motion of ineffective assistance of counsel? Is it at the time of sentencing or with the appeal?
Ian's answer
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Answered on February 19, 2014
You can file a motion under CPL section 330.30 prior to sentence or wait until sentence is imposed and file an appeal or file a motion under CPL...
Archived
What happens when the victim alters their story from one trial to the next that ended with a conviction of defendant?
Ian's answer
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Answered on February 18, 2014
Yes, a person can be cross-examined with testimony from a prior trial. If the complaining witnesses story was so inconsistent from the first trial...
Archived
18 year old
Ian's answer
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Answered on February 18, 2014
In New York parents are responsible for providing for their children until they reach 21 years old.
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