Questions answered by Joshua Paul Bannister

Archived

Are criminal defense attorneys in on this scam also?

Joshua's answer | Answered on March 14, 2016

I'm not sure what "scam" you're talking about. All attorneys have at least a general understanding about all areas of the law, otherwise they...

Archived

Person set up, framed, not guilty and being scammed for a felony charge?

Joshua's answer | Answered on March 14, 2016

The DA might - but wouldn't have to - charge that person. It depends on all the facts and circumstances. Without reading the trial transcripts, it...

Archived

Can I do jail time for being in a serious relationship with her ? in the state of new York ?

Joshua's answer | Answered on March 14, 2016

In NY, the age of consent is 17; that also assumes the other person is actually consenting & they don't have a mental disability. On a practical...

Archived

Question on assault

Joshua's answer | Answered on March 14, 2016

You would need to file in the state it happened. If it's in NY, then the appropriate charge would be either harassment or stalking. I'm not sure...

Archived

I received a TOP the problem is it states I was present at the hearing when in fact I was having major surgery is the top valid

Joshua's answer | Answered on March 14, 2016

The court can grant ex parte orders of protection (that means an order without you or your attorney being present). You can challenge the order if...

Archived

If found guilty by the jury in trial, what are the chances of a jail time sentence?

Joshua's answer | Answered on March 14, 2016

Incarceration is definitely on the table if you lose at the trial. The offer isn't bad. You could walk away from this without a criminal...

Archived

If someone posted cash bail in ny, and is now pissed off at person they bailed. Can they revoke even if you abided by all rules,

Joshua's answer | Answered on March 14, 2016

She can request the court return the bail. In that case, either your lawyer needs to have a bail hearing or you need to find an alternative means...

Archived

Is their a motion we can put in that shows this mistake in the case?

Joshua's answer | Answered on March 13, 2016

That might be good impeachment material. You should bring that to his lawyer's attention.

Archived

Can the statement not be used as evidence because of this?

Joshua's answer | Answered on March 13, 2016

The statement will likely come in if the state followed the procedure in CPL 710.30. You should ask his lawyer if he has a 710.30 notice.

Archived

My question is, by law after that date is he eligible for a speedy trial? Even thou motions have been done

Joshua's answer | Answered on March 13, 2016

This question is best addressed to the lawyer handling his case. Only that lawyer, the prosecutor & the court would know if the speedy trial clock...

Joshua Paul Bannister's Answers (1636)

Are criminal defense attorneys in on this scam also?

Person set up, framed, not guilty and being scammed for a felony charge?

Can I do jail time for being in a serious relationship with her ? in the state of new York ?

Question on assault

I received a TOP the problem is it states I was present at the hearing when in fact I was having major surgery is the top valid

If found guilty by the jury in trial, what are the chances of a jail time sentence?

If someone posted cash bail in ny, and is now pissed off at person they bailed. Can they revoke even if you abided by all rules,

Is their a motion we can put in that shows this mistake in the case?

Can the statement not be used as evidence because of this?

My question is, by law after that date is he eligible for a speedy trial? Even thou motions have been done