Archived
At this point in my case Im waiting to find out if Im granted public defense. But if I wait until I find out I may miss ...
Herbert's answer
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Answered on November 27, 2017
Motions are due at the time of arraignment, but judges ALWAYS give defendants at least 10-20 days thereafter to file them. If you are awaiting a...
Archived
What happens while waiting to find out if Im getting public defense or not I file a motion to suppress the evidence.... ?
Herbert's answer
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Answered on November 27, 2017
Nothing to worry about. Your public defender can particularize your motion after s/he receives and reviews discovery.
Archived
A case I just got
Herbert's answer
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Answered on November 27, 2017
If I understand your post, you are charged with the crime of intimidation and you live in section 8 low income housing. If that is right, you need...
Archived
First time offender for intoxication?
Herbert's answer
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Answered on November 27, 2017
It is possible, but you need a criminal defense lawyer. If you can't afford one, ask the court to appoint a public defender. Even if you don't get...
Archived
Are there any penalties for the system if they're holding a NYS parolee past the 7 business days on a revoke and restore?
Herbert's answer
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Answered on November 27, 2017
Probably not, unless you can prove the delay was caused by malice or gross misconduct. You said today is the 7th business day? Did you account for...
Archived
Will a felony drop off my record after 15 years so I can buy firearms ?
Herbert's answer
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Answered on November 27, 2017
No charge just automatically "drops off" a person's criminal record. Your problem is that while OR permits an expungment, CA does not. And you...
Archived
How do I answer.."Have you ever been convicted or entered a plea of guilty or nolo contendere " if I have completed court superv
Herbert's answer
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Answered on November 27, 2017
If in fact you completed successfully the court supervision, you may correctly answer,"No."
Can a judge request to see a surveillance footage of me stealing at a retail store, the day of my court?
Herbert's answer
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Answered on November 27, 2017
Yes, the judge can request to look at any physical evidence. If your attorney has an objection for some reason, s/he should make it on the record...
Archived
What are the fees for consultation on getting 2 sentences served consecutively? Its for the same crime.
Herbert's answer
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Answered on November 27, 2017
The issue of concurrent vs. consecutive was decided at the time of sentencing. It is too late to change it now. What CAN be done is something about...
When sentencing is 12 yrs sus 2 yrs HIP bal sus w/prob 3 yrs, what does HIP mean
Herbert's answer
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Answered on November 27, 2017
HIP stands for S.C.'s Home Incarceration Program. You should consult his lawyer for any other questions about his sentence.
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