Can Police in NY give a ticket for an offense that did not take place in their presence despite NY CPL 150.20 which says NO.
Nathaniel's answer
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Answered on July 19, 2010
You're missing the part of 140.10 that lets an officer make an arrest when they have "reasonable cause" to believe that the person committed the...
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How much should a lawyer charge for a repeat DWI offender?
Nathaniel's answer
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Answered on July 19, 2010
The fee depends on how much time your case will take. Some DWI cases go away very quickly, others can require multiple court appearances, motions,...
Archived
I was incarcerated for five years on 2nd degree murder charges.
Nathaniel's answer
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Answered on July 19, 2010
In general, one cannot sue a judge for his official acts, even if they are later reversed on appeal. Judges get reversed all the time for mistakes...
Archived
Why do a b misdemeanor case lawyer cost so much?
Nathaniel's answer
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Answered on July 19, 2010
Most lawyers charge for the value of their time. (Even if they're charging a flat fee, it's going to based largely on how much time they're going...
Archived
Senate Bill 5958 by Sen. Schneiderman (sealing of the court records involving convictions of
violations & traffic infractions)
Nathaniel's answer
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Answered on July 17, 2010
PL 160.55 already seals the fact of an arrest, when someone gets a non-DWI or non-prostitution (loitering) violation. This bill proposes to say...
Archived
I live in new york and it has been over ten years since my arrest, can i have my record sealed for employment reasons?
Nathaniel's answer
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Answered on July 15, 2010
Are you being penalized because of an arrest, or because of a conviction? If you were merely arrested, and the case was dismissed or acquitted,...
Archived
Consenual sex between a 16 year old female and a 20 year old male.
Nathaniel's answer
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Answered on July 15, 2010
The hypothetical that you provide would count as a crime in New York.
The 16-year-old is not able to consent, as a matter of law, and so...
Archived
Can the police remove from my home and question my 17 year old son without my consent.
Nathaniel's answer
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Answered on June 25, 2010
It depends. Did they enter your home to get your son? Did they have an arrest warrant? Did someone let them come in? An experienced defense...
Archived
How long does someone have to press charges on someone for sexual abuse
Nathaniel's answer
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Answered on June 15, 2010
It depends. Some sex abuse charges in New York are felonies, which need to be brought within five years of the crime. Some are misdemeanors,...
Archived
My husband just learned that he has a sealed indictment against him in the state of Ny Supreme Court.
Nathaniel's answer
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Answered on June 15, 2010
It usually means the grand jury voted an indictment against him, but he hadn't been arrested at the time. When that happens, the court will then...
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