Ithis was his first felony and hasnt gotton in trouble in 10 years it is going to supreme court in new york what is the penelty for this
Unfortunately, it is impossible to give you an accurate answer in terms of a possible sentence without knowing the specific offense. The limited information you provided suggests that this particularly offense could be anything from a class A misdemeanor up to a class C violent felony, which could result in a possible sentence of up to 15 years in state prison if convicted. It sounds like there may be some issues that need to be investigated immediately to ensure your son receives the best defense possible. Contact an experienced criminal defense attorney right away. Gun crimes are treated very seriously and aggressively in New York. If you can't afford to hire a private attorney, make arrangements for your son (or you if he is still a dependent) to qualify for the public defender/legal aid as soon as you possibly can.See question
I was n a motorcycle accident, and while I was b n treated the police found a bag on da side of da highway whr my accident happnd.thn brought me a ticket 2 ICU at da hospital...
Not sure what your question is, but it sounds as though you may be seeking general advice or information concerning your arrest and the charges. I suggest you contact an experienced criminal defense attorney directly and as soon as possible to discuss your case. Your brief description seems to suggest there may be legitimate issues requiring further investigation to properly defend your case.See question
I got a speeding ticket in NYS, but the officer didn't fill in the MPH Zone, nor did he fill in my Speeding MPH ? He just wrote: Speed not reasonable & Prudent. Is this already good enough reason to dismiss this ticket altogether, Or additional ...
An ticket for 1180(a), speed not reasonable and prudent, need not specify your speed or the posted speed limit since the infraction is not based upon any specific speed. Rather, the officer is alleging that your speed was unsafe for the conditions or environment (for example, driving at 50 mph on an icy road or on a curvy and/or hilly road). If you are in a jurisdiction that permits plea bargaining of traffic tickets, an 1180(a) can typically be reduced to a non-speeding violation (and in many cases, a non-moving violation) depending on your driving record and the specific circumstances of your ticket. Because of the non-specificity of such an infraction, you may want to request a supporting deposition (if you were not already issued one and the time for doing so has not expired). A supporting deposition may provide additional details about the incident if you wish to challenge the ticket at a trial, and if the supporting deposition is not served upon you as required by law, that may be grounds to move to dismiss the ticket. But the failure to specify a speed or posted speed limit with this particular ticket will not in and of itself subject the ticket to dismissal.See question
I was just indicted on a felony DUI wanted to kow what happens next and could my charges still be reduced
COULD the charges be reduced? Sure. Anything is possible. But typically a defendant is indicted after efforts to resolve the matter by a negotiated disposition (i.e., to a lesser offense) have failed, or the prosecutor is simply unwilling to negotiate based upon the specific facts of the case or the defendant's prior history. (This is a question you should be asking your actual attorney since he or she is in a better position to answer the questions specific to your case.)
What happens next is that you will be arraigned on the indictment in County Court, where the issue of bail will be revisited. If you have already posted bail and made all court appearances, your attorney should be able to successfully argue to continue that bail. If you have missed appearances or been in trouble since your arrest, then there is a very real possibility bail will be increased in light of the fact that you have now been indicted and have a spotty record. After arraignment you and your attorney should prepare for trial (hopefully your attorney began trial prep as soon as they were retained), exchange discovery (if not already voluntarily provided), draft motions and conduct hearings (if granted by the court). After all of that is completed, you will have your trial (if the matter is not resolved by plea prior to then).
You are free to enter a guilty plea at any point in the process (even during trial). The fact that you are indicted does not prevent you from pleading guilty if you believe it to be in your best interest. That is a discussion you should regularly have with your attorney, and it should be based upon the overall impression of your case, the likelihood of conviction or acquittal, the potential sentencing consequences if convicted compared to any plea bargain offered by the DA, and your individual tolerance for risk.
Cases move much quicker once indicted. So be sure to stay in contact with your attorney to discuss your concerns, continuously evaluate any viable defenses, and assist in the preparation of your trial. Good luck.See question
I will ask a non-drinker to drive if 1 can of beer will cause me to fail the breathalizer test.
Your question cannot be answered with a yes or no. Whether someone will fail a breathalyzer (which is actually the roadside pre-screen device, versus the Intoxilyzer, Datamaster or Draeger chemical test administered at the police station after you've been arrested) depends on a great many variables. While it is probably unlikely that you would "fail" a pre-screen after just 1 light beer, your alcohol tolerance, weight, body composition, previously ingested medications, whether you smoke, how close in time prior to the test you had your last drink/sip, presence of dentures or false teeth, the calibration/condition of the instrument itself, and many other factors will affect your result. Note that many pre-screen devices do not typically provide an actual numerical value in response to a properly applied breath sample, but only indicate "+" or "-" with respect to the presence of alcohol. Accordingly, a positive pre-screen is just one consideration among many the officer takes into account in developing probable cause to make a DWI arrest.
Driving after drinking is not per se illegal, provided you are not impaired or intoxicated. But if you are that worried about what affect 1 beer might have on you, your best bet is to not drive at all after consuming any alcohol.See question
My question is, can I become a teacher in New York with a record of criminal mischief in the 4th degree, a misdemeanor? I plead guilty to a vandalism charge, and now I would like to continue my education in education. However, I don't want to wast...
I agree with the previous attorney responses in that this is not technically a criminal defense question, and there is no option for "expunging" criminal convictions in New York State. The consequences of a conviction on your potential career is something you should have discussed with your attorney prior to entering your guilty plea. However, even had you done so, I doubt your attorney would have been able to give you a definitive answer. It has been my experience that matters of criminal convictions for potential teachers is a case by case determination and no administrative or licensing entity will issue a definitive answer applicable to each and every circumstance. Perhaps you may want to discuss with your attorney (or another attorney) the viability of vacating your guilty plea (and sentence if already imposed) to possibly avoid having to risk an adverse impact on your future profession in the first place.See question
I previously had several oder of protection against a neighbor who lives across the hall from me ,as soon as the case was dismissed for lack of proof the neighbor threatened to kill me and my child we got into a fight she called the police on...
You don't actually ask for an 18b attorney. You must attempt to qualify for representation by the Public Defender. If it is determined that you qualify for the PD but there is a conflict within the PD's office (i.e., they represent a co-defendant or have previously represented the alleged victim), then the PD will request that the court assign an 18b attorney from it's panel of approved 18b attorneys. You do not get to select which specific 18b attorney you want.
If you are already represented by the PD, you will have to demonstrate to the court that there is a very compelling reason for the court to assign you an 18b attorney over your PD (the more likely result is that the PD's office assigns a different PD to your case). If neither of those options appeal to you, the court will be more than happy to advise you that you are free to retain any private attorney you'd like, at your own expense.See question
I had come to a full stop then inces up because there was really bad sight distance before I could move any further I was hit and was given a citation? Can I plead not guilty or should I just say guilty ?
I always suggest pleading NOT guilty to a traffic ticket, as well as speaking to a traffic ticket defense attorney as soon as possible. There are points associated with a conviction of that nature, and even if you appear on the pre-trial conference date to speak with the officer or prosecutor, you may be afforded an opportunity to plead guilty to a reduced offense and reduce the number of points which may be assessed to your driving record. Whether you will be given that option depends on many variables and in no way is guaranteed. But it is usually at least worth a shot. Often times, by hiring an attorney to handle the ticket for you, the attorney may be able to make all appearances and resolve the ticket without you ever having to appear in court yourself.See question
Does a lie detector result hold up in court or is it not valid?
Polygraph results are not generally admissible at trial by either side. However, depending on the jurisdiction, results favorable to the defense may be helpful in negotiating a disposition.See question
I have an ACD in Westchester County for Marijuana. I was given a DAT yesterday, and arrested for 7th degree possession of cocaine. What are the probable outcomes in court? Is there a chance for this to be reduced?
It's impossible to say what probable outcomes will be without knowing the circumstances of your new arrest. What was the basis for the stop/arrest/search/seizure? Is the lab back? Issues in these areas may substantially improve any disposition. You also need to be concerned with the prior ACD. If this new arrest occured during the ACD period you're also at risk of having to redefend that charge, or at least have it affect any potential disposition with regard to this new offense. You need to speak with an experienced criminal defense attorney ASAP.See question