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Can a Staten Island Domestic Violence Lawyer Get You Back Home After an Order of Protection?
Sometimes. A Staten Island domestic violence lawyer can ask the judge at 26 Central Avenue to turn a full stay-away order into a limited order that lets you live at home. Under Matter of Crawford v. Ally (2021), a person facing a serious loss, such as a lease or time with children, can ask for…
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Can a Manhattan Hate Crime Lawyer Get the Charge Reduced to the Underlying Offense?
Yes. A Manhattan hate crime lawyer can ask the grand jury, the judge or the prosecutor to drop the bias element and keep only the underlying offense. New York Penal Law section 485.05 makes motive a separate element the People must prove. When that proof falls short, the hate crime count can go with it.…
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What Can a Brooklyn DWI Lawyer Do About Your License at Arraignment?
A Brooklyn DWI lawyer can contest the license suspension at arraignment, ask for a hardship privilege, and line up a conditional license 30 days later. If a chemical test shows .08 or more, New York law requires the judge to suspend your license while the case is pending. A test refusal starts a separate suspension…
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What Can a Bronx Assault Lawyer Do When the Victim Wants to Drop the Charges?
The person who was hurt cannot drop an assault charge in New York. That call belongs to the Bronx District Attorney. A Bronx assault lawyer can still put that witness’s choice to work. Without the complainant’s sworn supporting deposition, a misdemeanor case often cannot reach trial. Prosecutors may then miss the CPL 30.30 deadline to…
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Can a Queens Post Conviction Lawyer Vacate a Conviction After a Guilty Plea?
Yes, in some cases. A Queens post conviction lawyer files a motion under New York Criminal Procedure Law section 440.10. It goes to the court that took the plea, at 125-01 Queens Boulevard in Kew Gardens. After a plea, the strongest grounds are bad legal advice, a missing deportation warning, and new DNA evidence. Paul…
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How Does a Staten Island Theft Lawyer Fight the Dollar Value Behind a Grand Larceny Charge?
A Staten Island theft lawyer fights the value by making the prosecutor prove it. Under New York Penal Law section 155.30, theft becomes grand larceny once the property is worth more than $1,000. At $1,000 or less, it is petit larceny, a misdemeanor. Rough estimates do not prove value, and value the state cannot establish…
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What Does a Manhattan Weapons Lawyer Do About a Knife Possession Charge?
A Manhattan weapons lawyer attacks two separate rules in a knife case. New York Penal Law section 265.01 bans certain knives outright. New York City Administrative Code section 10-133 bans any blade of four inches or more in public. One pocket knife can violate both, and each rule has its own defense. Paul D. Petrus,…
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How Does a Bronx Sex Crimes Lawyer Challenge a SORA Risk Level in New York?
A Bronx sex crimes lawyer challenges a SORA risk level by attacking the point score and asking for a downward departure. The sentencing judge at the Bronx Hall of Justice sets the level, not the state board. The District Attorney must prove each scored fact by clear and convincing evidence. The level decides how long…
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How Does a Queens Assault Lawyer Tell Misdemeanor Assault From Felony Assault in New York?
A Queens assault lawyer starts with the injury, not the fight.
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How Do You Ask a Brooklyn Post-Conviction Lawyer to Seal a Criminal Record?
New York seals criminal records and never erases them. A Brooklyn post-conviction lawyer checks whether the Clean Slate Act already sealed your conviction, whether you should petition under CPL 160.59, or whether a CPL 440 motion fits your situation better. Sealing is not automatic paperwork in every case, and a judge decides most petitions. Paul…