Does incarceration count as time served even if the case has been diverted?

Any time served will count towards the jail sentence, but not relevant in such a manner to the rehab program.

Can my husband get probation?

Rape in the first degree is a serious crime with a 5 year minimum jail sentence. An attorney will take into consideration the gravity of the charge...

Do not pay the civil demand and use the extra money to pay for a criminal defense attorney. Your arrest was not expunged, but sealed. There is no...

To determine if you are eligible for legal aid, a public defender, or a 18-B panel attorney, the court will asses your income, assets, debts, and...

In a divorce case, do the plaintiff's documents have to be signed after the date the defendant signs?

Very unlikely that the court will take issue with the timing of signed affidavits by the two parties, although the Pl should sign and notarize...

If you make multiple DAT appearances over the course of a few years, will the judge know about your previous ACDs?

At the conclusion of the ACD period, your case will be dismissed and sealed. However, the court will have a record of it and the police will keep a...

How much time can you get fir credit card theft and forgery?

Depends on the value of the of the property stolen which determines the level of the offense. Petit Larceny - no more than $1000 Theft - Grand...

Re argue a motion for a trial order of dismissal pursuant to cpl 290?

You will not be able to argue your motion again, you will have to appeal.

Would a person 10 years older of a person who is 15 face charges if the younger person consented to sexual activities?

The age of consent in New York is 17. Over 4 years older, so It would be rape.

I just got my third dwi in twenty five years what does this mean for me

In New York, 0.08% is considered intoxicating. In New York, 0.08% is considered intoxicating (21 and older). You can be sentenced to up to 7 years...