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Christopher Jude Pelli
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Christopher Pelli’s Answers

445 total


  • Can I travel to dominican republic with a class D felony on my record ... assault 2nd degree?

    Back 2008 I had a fight .. I was charged of assault 2nd degree. . 120.05 ... In ny ... I been a us resident for 18 yrs . I went to jail for 40 days .. and did 5 yrs probation. . Wich I finished in October 31,2013 .. was the only time I w...

    Christopher’s Answer

    This question should be answered by an immigration attorney, and I will repost it in that section for you. That being said, I would be VERY cautious about leaving this Country at all, since you are NOT a citizen AND have been convicted of a violent felony offense. To answer your specific question, yes, you probably will have no trouble traveling to the DR, but you may easily be denied re-entry to the U.S.!

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  • Dose the time you sit in jail count towards the time a parolee was sentenced back to prison for

    My boyfriend was sentenced 90 days back to prison for a violation will the time he sat in count towards the 90 days

    Christopher’s Answer

    This is actually a tricky question. If you're saying that your boyfriend was violated on parole and had a hearing, the only sanctions involving 90 days are"time served PLUS 90 days", and the "90-day Willard Program." In each case the time that he spent in local jail would count towards his PAROLE time, but NOT the 90 days he would have to do in prison, or at the Willard Camp. Hope this helps.

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  • Can I legally own a firearm (Rifle, NOT hand gun) with my convictions in New York state -Erie county

    My convictions are: Criminal possession of a controlled substance in the 7th degree Criminal trespass Driving while ability impaired (Non criminal)

    Christopher’s Answer

    Assuming that you are over 16 years old, and not someone who "has been certified not suitable to possess a rifle or shotgun" by a physician, then you may possess a rifle or shotgun, so long as you have no FELONY convictions.

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  • Does a brady demand have to be specific? or is it just a demand filed and anything prosecutions has is required to be turned ove

    when filing a brady demand, is the defense required to ask to specific material or pieces of evidence or does the demand require the prosecutors to release everything involved in the case?

    Christopher’s Answer

    The purpose of the opinion in People v. Brady was to create a duty for the government to turn over to the defendant any exculpatory evidence where the government is in possession of, or aware of it, AND where the defendant is not. So, for example, if both parties are aware that a particular witness made a false identification before making a positive identification, it would not be a violation of Brady for the government to fail to advise the defendant of something he knew or should have known.
    My purpose in the above example is to illustrate the fact that the defendant is not expected to ask for something, the existence of which is unknown to him or her. Further, I believe that Brady's duty applies to the government irrespective of whether any specific demand is made.
    Lastly, if the potential Brady violation is so egregious to go beyond simple harmless error, and instead potentially have had an effect on the verdict, the appellate court would not be concerned about the specificity of any request.
    I guess that was the long version of my answer. The short answer would be that I think a general request is more than sufficient.

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  • What will happen if i don't pay a $200 settlement?

    i was caught shoplifting and they sent me a letter in the mail offering a $200 dollar settlement, i am underage.

    Christopher’s Answer

    Unless you get a summons to appear in court, which I've never seen happen in these cases, you can simply do nothing, and that's exactly what will happen to you!

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  • I Need help finding a pro bono appellate attorny for my boyfriend asap

    My boyfriend was found guilty by jurors in his trial. And we dont understand how they found him guilty when a witness that was at the scene of the crime confessed to being the responsible party and stating that my boyfriend had no knowledge of the...

    Christopher’s Answer

    He has the absolute right to free counsel, either through the public defender's office in the county of conviction, or through the Assigned Counsel Program. You can apply by filing a "poor person" motion with the appropriate appellate division.

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  • Background Checks and ACD

    What kind of background checks do employers and schools have access to? I received an ACD last month for disorderly conduct and resisting arrest...there were also felony charges against me because I flushed a fake i.d. down the toilet while i was ...

    Christopher’s Answer

    So long as the period of adjournment has passed, nothing will appear on a check for NON governemental employers.

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  • When can Level 1 sex offender status be removed from record?

    I am writing for a friend who was charged with sex abuse 1 at 14 yrs of age. He was registered as Level 1 and was a ward of the state, so had no counsel or guidance. Now 20 and trying for a fresh start, wants to try and get this removed. He states...

    Christopher’s Answer

    A Juvenile Deliquent cannot be registered as a sex offender. In any event, the criminal procedure law provides a way for sex offenders to petition the sentencing court (not more than once per year) for reconsideration of their status. There is no minimum amount of time that must pass for level one offenders to seek reconsideration.

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  • My brother in law was caught shoplifting in NYS

    First time offender, 24 years old. Since he has a low income, he filled out some forms to try to have a Public Defender to help him. In case he does not qualifies for a PD, what he should do at the court? By any chance we could get an ACD without ...

    Christopher’s Answer

    Jail is extremely unlikely under the facts that you've described, whether or not you have a lawyer. However, the chances of getting the charged ultimately dismissed go up substantially will a lawyer.

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  • Failure to pay fine in ny state

    I plead guilty to a 509 vt charge and was given a fine only, I spent 12 days in jail. If I cant pay fine and im sentenced to the 15 days will the time I have in count on the charge

    Christopher’s Answer

    It sounds like you have all of your time in. But if you don't pay the fine, the DMV can (will) suspend your license, or if you don't have a license, suspend your ability to get one.

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