Archived
Termination or Emancipation of support in NY We found out about both arrests in the paper. Mother tells us nothing, EVER.
Marco's answer
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Answered on August 09, 2013
I am unaware of a case in which a court has ruled on the types of facts that you present, but it appears to me you have an excellent argument that...
Archived
Where do I file a petition for immediate return of my infant?
Marco's answer
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Answered on August 09, 2013
You should hire or have assigned an attorney to guide you. It does not sound as if you are receiving legal advice, including pursuit of a 1028...
Archived
Is it true that the grand jury has 45 to indict and if they don't you have to be released.
Marco's answer
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Answered on August 09, 2013
Yes and yes. The parole hold is unrelated to the indictable offense. In fact, if there is any risk that there will be a jail sentence on the...
Archived
I was charged with Aggravated Unlicensed Operation in the 2nd degree, about 5 months ago, due to a prior DWAI revocation.
Marco's answer
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Answered on August 09, 2013
Your attorney should know if that is a "good" deal or not, based upon the evidence, prosecutorial policy and individual prosecutor, and you should...
Archived
Could a pending case prevent me from getting a job?
Marco's answer
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Answered on August 09, 2013
It depends upon the prospective employer.
Can I get a Reckless Driving ticket dismissed if the officer made a mistake when writing the location of the incident?
Marco's answer
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Answered on August 09, 2013
An accusatory instrument is correctible by the prosecution with certain exceptions. I cannot be amended once double jeopardy has attached, namely,...
Archived
When do points come off with a NJ license, but I got the ticket in NY?
Marco's answer
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Answered on August 09, 2013
Yes, points "sunset" after 18 mos. for DMV purposes, but they accumulate lifetime for certain situations such as relicensing in many situations. ...
Archived
Repost . Clarification. NYC 165.40
Marco's answer
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Answered on August 09, 2013
The acid test is how good is your present case? If you are willing to go to trial, then the prosecutor will have to reconsider if s/he wants to...
Archived
Likelihood of a prosecutor picking up a theft case & being found guilty on a "he said she said" evidence?
Marco's answer
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Answered on August 09, 2013
Your hypothetical question, aside from the reluctance to answer hypotheticals, is too vague and too many variables anyway. I suggest that you...
Archived
What are the options for a person who is released on their own recognizance but cannot appear in court?
Marco's answer
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Answered on August 09, 2013
If a defendant cannot appear because he is being held elsewhere, he or his attorney may demand that he be produced to face the charges in the...
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