Last time I had and traffic offence was 30 year ago a DUI
First time NYS DWIs come in many different varieties. There are ones with accidents and without. There are ones with breath tests and without. There are ones with blood tests and without. Well you get my point there is NO one size fits all.
If you had one 30 years ago, the good news, you can't be uncharged to a felony, you won't likely be labeled as a habitual alcohol offender by the DMV but many DAs and judges and probation departments may see it or bring it up to say you have a problem.
Some may even try to say you've been driving drunk for 30 years but never caught. That is the prosecution mindset, everyone is guilty and everyone has a big problem and everyone lies.See question
I worked at ups and i recieved a parcel that was open and it contained credit cards. I looked at them but never put them on my person or pocket and right when i was going back to return the parcel, the securoty got me. I was taken to the jail and ...
I guess it depends, but highly unlikely if this is a first offense and as described. I agree with my colleague, discuss with a good local criminal defense attorney, it sounds defendable.See question
A NYPD officer gave me a ticket for "disobey park sign" section 1-03c2 of the park code. I was told I was in the park after hours, but it was before the default 1 am and signs by the entrance didn't further restrict my presence. Should I plea...
This is a violation. It is a non-criminal offense. If you are truly innocent then plead innocent and ask for a trial. You can then present your evidence to the judge. This will be a judge (bench) trial in NY. Good luck!See question
I was pulled over for Inadequate Lights (V) and subsequently arrested for DWAI-Drugs (M) and Unlawful Possession of Marijuana (V). I was denied a PD today and will be hearing of my next court date within a few days I am sure. I still cannot affo...
The judge is unlikely to allow you to go "pro se" (represent yourself) on a charge like DWAI drugs. It is a very difficult charge to defend because it has the level of proof of a violation (impairment) with all the penalties of a criminal misdemeanor. Keep calling around, there are many younger lawyers in Ithaca who can help you.See question
My 18 year old daughter is being released on $2000 bail tomorrow. We are residents of Pennsylvania, within an hour of the courts in Ny where the incident happened. She and her boyfriend were caught with 2 pounds of marijuana, he was driving and it...
With this type of weight, it's possible but extremely unlikely for the Broome DA to reduce this to misdemeanor and then also ACD it. There is a lot that can happen depending upon the specific facts of the case.See question
i was charged with 120.15 00 bm menacing,but it says reduced to PL 240.20 07 v .what does that mean? ..is it still a crime or it just a violation and what will show up as on my fingerprints background? violation or misdmeanour? thanks in advance
New York State has partial sealing and full sealing of records.
Any offense reduced down is merely a partial seal and still seen
Any offense dismissed outright is a full seal.
Regardless, these days I have seen full FBI background checks reveal just about everything. I have seen teachers fired after being hired because of what the employer thought were lies on their application. Even though they legally answered everything honestly. IMHO Depending upon the level of the job or position it is usually better reveal and explain all. But of course talk to attorney first, there are plenty that will disagree with me.
But that teacher is still shaking his fired head because he was "legally" honest.See question
I had a slip n fall Jan. 23rd, 2017, and made worse some cervical and lumbar issues. Ive talked to a handful of lawyers who tell me its expensive to file. Hard to prove it made injuries worse, or I didnt go to er right away. Thing is every circums...
The problems with having a pre-existing condition are only part of the issue. Pain is largely subjective in and of itself. Often there is little to no testing in soft tissue injury cases. It is either inconclusive or not done completely to prove further injury to soft tissue, this includes imaging like MRI and nerve testing. Then if clinical findings don't match up with EMG or NCV then it difficult to apportion damages to this specific event.
X-rays merely assess for fractures to bones, their ability to discern soft tissue injuries or healing is negligible at best. Having wide spread myofascial pain syndromes with no other functional issues is likely to put off the costs of litigation to most attorneys.
If there truly is a change on your MRI then a clinical radiologist is a good doctor to at least put the pieces together. To show how you have worsened clinically matched to the cause to your change in MRI findings.See question
Looking for someone that appears in front of that court regularly and knows the players, regarding a serious ticket i received.
You are smart in who you are seeking. Many of the active attorneys who focus on traffic defense are frequent contributors to these online pages. Make a few calls to see who you gel with. Choosing an attorney you like and trust is like forming any other relationship. Go with your gut, and their reviews.
I am far Upstate but there are many excellent and "local" downstate lawyers. All the best.See question
About 3 months ago I received a ticket for possession of marijuana. I was let off in this case being that this has never happened before and I do not have a record. However if I am to receive another ticket for this, it will be brought back. Tod...
One of the problems is "where" you are. Local cops have already charged you once with UPM. In smaller areas of NYS with more landscape than people they (law enforcement) talk to one another. In Mahopac I'm sure they don't want you driving while stoned.
Even though you received an ACD for the first one and merely a warning on the last stop, in the future they might charge with something far worse than UPM, like DWAI drugs. That is a nasty charge with a low standard of proof and high consequences.
Consider yourself lucky and I agree with my colleague, who is far more eloquent than I in explaining what you should not do. Prepare to clean up before your luck runs out.See question
I got caught shoplifting at century 21. I'm 17 years old and the item cost was 49.99. They told me to go into their office. They took a photo of me and made me sign 3 papers. I was so nervous I didn't fully read the papers. All I saw were no charg...
Under New York State General Obligation Law Section 11-105 the store's attorneys can make a civil demand of up to five times the value of the items stolen or up to a maximum amount of $500. Law firms for the store send a demand letter for money. This demand letter usually is mailed to your home address weeks after the incident, and before you are to appear in court on the charges, if you get charged by the police.
The good intent of the civil penalty law was to encourage shopkeepers to pursue money damages against shoplifters. This was supposed to be instead of the pursuit of criminal charges not the addition of criminal charges. It also was not to be used to coerce confessions of guilt.See question