Archived
Person staying in my apartment has a bench warrant for a missed court appearance for shoplifting. Can I get in trouble?
Howard's answer
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Answered on November 02, 2017
So long as you have no reason to believe that this person is charged with a felony (and shoplifting is not a felony) then you are not liable for...
Archived
Bench trial based solely on testimony of 2 officers?
Howard's answer
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Answered on October 26, 2017
I don't have enough information to fully answer that question.
If you mean to say that "no" (rather than "bo") "victim" will testify then the...
Can I be charged with possession of stolen property and can I actually be held liable?
Howard's answer
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Answered on October 25, 2017
Of course you can be prosecuted and apparently have been. But the prosecutor, like all lawyers, is in the "proof" business. The DA must prove that...
Archived
How severely will my boyfriends probation be effected by a traffic arrest? Possible jail time? When will he be released?
Howard's answer
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Answered on October 25, 2017
That is entirely up to his probation officer who has a good deal of discretion as to how serious an issue this is.
He should have reported the...
Archived
I was arrested and was given ACOD plead. trying to get new job when they do a state background check will it show i was charged.
Howard's answer
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Answered on October 25, 2017
The law says that after the ACOD becomes final (usually after either 6 or 12 months, depending on the charge), the "arrest and prosecution shall be...
Archived
Can the defendent still get charged in criminal court (For aggravated harrasment) even if he never shows up?
Howard's answer
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Answered on September 18, 2017
Based upon the question it would appear that the hypothetical defendant has already been charged given that the offense is known and is part of the...
What are my chances of jail time and getting my charges dropped for petit larceny?
Howard's answer
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Answered on September 13, 2017
Only if you have a long criminal record are you likely to see jail for a first offense petit larceny charge.
In this area, most first offenders...
Could our 401K or IRA be attached in a personal-injury lawsuit? I thought I heard that this kind of asset was safe from seizure.
Howard's answer
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Answered on September 13, 2017
CPLR Section 5205 (c) provides that "trust" income, including IRA's 401K's and Keogh's are generally exempt from attachment by any creditor except...
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