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At my first court appearance ( arraignment) can I request an adjournment of arraignment to get a public defender( since I can't
New York - At my first court appearance ( arraignment) can I request an adjournment of arraignment to get a public defender( since I can't afford a lawyer) ? . And if so do I make a plea in Not guilty to the charger at that appearance? Do I request adjournment before Judge reads charges? My 1st appearance in 3 days from now do I call court office clerk prior to my 1st court date and tell them? I need to understand court process - can someone help? Just trying to get answers - consulted with Lawyers just scared and want to know more details of process since I'm going to court alone for arraignment in 3 days can't secure lawyer - too expensive. I want to confer with Assistant DA but - maybe I should consult with public defender first - so How do I request this and ask to adjourn arraignment to get counsle-
You do not consult w/the DA or judge. When you get there, tell the court officer or clerk you don't have and cannot...
If on my first Court appearance for DWI in New York State-(1st time offence ever) I request Assigned counsel and get approved - You say judge generally arraigns defendant and enters a plea of not guilty automatically even with no counsel avaiable. does this mean I lose my license on first court appearance even if I'm requesting Assigned counsel? Will I need to find ride the minute I leave court?
The judge can suspend without an attorney OR he can adjourn a few days for you to get an attorney. They will generally...
I had a DUI arrest in Florida but the charge was dropped to a reckless. First offense. Can I get it sealed?
Relevant details were the initial charge that I left the scene of an accident when I was stopped by the police. There was no accident and I subsequently refused the breathalizer test.
The laws regarding sealing differ from state to state. As I am not admitted in Florida, I researched this for you....
My friend received a driver license suspension notice in the mail. He went to Town Court to find out why. Apparently this is from 2001. He got a DWI, was on probation, failed to pay his fine, spent weekends in jail. They revoked his license back then. He got license back in 2005. Why was this not found back then? He would not have been let off probation without paying his fine. He has nothing to prove he paid it back then. Should he speak with a lawyer?
Greetings: There is no statute of limitations. Your friend should consider speaking with a lawyer. I would start...
Based on the research I've done, it's been made clear that a DWAI conviction is a violation and not a crime, BUT said conviction will still generate an NYS "RAP sheet" with details of the arrest, etc. In the event of a background check, what specifically differentiates a DWAI from a DWI if it still shows up on a "RAP sheet" specifically reserved for criminal offenses? How would an organization know how to interpret the results of a background check without understanding the small nuances in the law? Wouldn't the assumption be that there was a crime committed based on ANY 'RAP sheet' entry? For all intents and purposes, it sounds like a 1192.1 shows up the same as a 1192.2 or 1192.3 in background check information.
Both show up on a criminal record check, but one is a misdemeanor, the other isn'tt, and the penalties for a DWI are...
I was charged with a DUI in NY. There was a trial without jury. During the trial, the trooper who arrested me was asked to point me out in court. He said "that's her with the blue sweater. I was wearing a white blouse. He misidentified me as far as what I was wearing. He wasn't even close. Does this play a factor in the outcome if I pursue it. I have already paid my fines, and driver responsibility fee. My license has been revoked for at least 6 months. I am wondering if this can all be overturned?
Please review my answer - and my colleagues' answers - on your prior post.
In NY, is probable cause required to request a motorist to submit to a Portable Breath Test (PBT) device, i.e. Alco-Sensor/SD-2?
In NY, is probable cause required to request a motorist to submit to a Portable/Preliminary Breath Test ("PBT") device, ie. Alco-Sensor/SD-2, after an accident? Does a police officer need probable cause or reasonable suspicion to request a motorist to submit to a Intoxilyzer SD-2 or Alco-Sensor handheld breath test device after a serious accident? Is there any relevant case law pertaining to this type of scenario? Under what circumstances is a police officer allowed to demand a motorist to submit to a "PBT" device? Does the answer change depending on if there was an accident or not? If a defendant is involved in a serious motor vehicle accident in NY, does the officer need some kind of legal standard of proof (other than the accident itself) to request a motorist to blow into a PBT device?
Yes. A police officer needs probable cause to ask someone to take a breath test.
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