Johnstown Crime

Johnstown Crime

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Can a defendants statement be used against him if he was obviously and knowingly intoxicated upon writing the statement?
The accused is initially being charged with a felony sex crime, and four misdemeanors.He spent a month incarcerated and was R.O.R, scentencing was postponed pending a PSI and R.O.R was granted based upon agreement of reduction of all charges to a Sex abuse 2nd charge. However, according to the public defender the major reasoning for the charges Is the DA has a statement the defendant wrote against himself, but the defendant was intoxicated and upon mental evaluation, was found to be suicidal when the statement was written, is this legal? Also the defendant unknowingly agreed to the plea deal for the sex abuse second, can that guilty plea be retracted? and is there grounds for dismissal?
In order to determine whether the statement is admissible the Court would have to hold a Dunaway-Huntley hearing....
In removal proceeding for an expired F1 visa,got arrested by US Marshal at my DWI court hearing
Am currently married to my fiance who is USC,can I go on and file my I-130 and work permit,and if yes,when do I file my change of status and what procedures do I take from now,my master hearing is in April.I have been with my fiance since 2009 and the prosecutor has it on file that I was planning on getting married to my fiance prior to getting arrested. By any chance,can I find a lawyer to help me with this but I may need time to make installment payments,any great ideas are welcome.Thank you!
I am glad to hear you are looking for a lawyer. You will be greatly helped by having counsel in your removal...
Hi I have 3duis and I’m on felony probation how can I get my license back please help?
3duis
There are many factors that will need to be reviewed in order to answer your question. You should consult with an...
I got my 2nd dwi in N.Y. I pled guilty. What's the likelihood of moving to South Carolina while under 5 years probation?
I had a choice of 3 years at TASC or 5 years probation. I chose TASC because my lawyer mistakenly told me that it was inpatient at less time. As my house is in foreclosure and I wasn't sentenced yet I want to take the probation instead as my family lives in South Carolina and I'm told that it's possible to get transferred there. My lawyer says that there's no guarantees but he's willing to go before the judge and change it to immediate probation. I'm retired and living on Social Security which I know will not be enough money to stay in N.Y. once my house is gone. As of yesterday I was offered deed-in-lieu which according to my other lawyer is a sum of money to vacate the premises within a certain time frame. PLEASE give me your thoughts about my situation.
I'm "moving" your question to a better category. The word "moving" sent the question to Landlord and Tenant.
Do I plead to an E felony DWI conviction in NY State when my last offense was 9 years 10 months prior?
At the end of August a received a DWI arrest with a BAC of .13% after a traffic stop for a broken headlight. I blew a .20% in October of 2007 and received 3 years probation. I also had a DWAI arrest in 2001. The gravity of my situation comes from the fact that this is a second conviction within 10 years and also strike three. I have been told that the judge assigned is tough on these cases. The ADA offer is for an Class E felony including 5 years probation among other fines/restrictions. My current lawyer says I should take the deal since it keeps me out of jail. I'd worried about my prospects with a felony on my record but my case is so borderline that I'm uncertain if I should take the deal. I feel a felony is excessive with the time frame and circumstances (no accident, excessive BAC, etc.) What's the worst case scenario if this does go to grand jury? Is it folly to try and fight this?
The worst case scenario is 4 years in jail. On a different site you said you passed 1/2 the field tests so I assume you...
How much does it cost to get a green card back that was revoked due to two DUIs?
Vietnamese nail tech that messed up years ago is trying to get his green card back. How does he go about fixing this situation?
That is a very big question involving a lot of facts not provided. this tech should consult with an experienced...
Am I going to end up in jail for violating DWI Conditional Discharge?
I was charged with a DWI and have completed 1 year of task and 1 year of therapy, after my case was closed. That was about 3 months ago. I was given a conditional discharge and they only ordered that I install the ignition interlock device in the car for one year and that my license is suspended for 90 days. The weather over the last few days has been really cold and today I went to start the car to warm it up in case the battery dies as its been giving some issues but I failed the iid test as it read alcohol of 0.5 which is under the state limit of 0.8 but enough to fail the test. Also the other issue is I was only few days away from actually getting my license restored and today when I attempted to start the car I have done so while Im still under the suspension. Are they gonna order me to go to jail or is there ways around it? Im whiling to do anything as long as I dont go to jail. Please advice. Thank you
You are not going to jail for one failed iid test. They are probably going to contact you about the failure and you...