New York Criminal Defense Legal Questions

You may be a paranoid schizophrenic and in need of psychiatric help if I read your question properly. Many people think the police and others are messing with their brains, trying to "astro punch " them, or sending waves of something into their brains. That is why they wear the tin foil hats for protection.... Read More

If you received a suspended sentence, then placing you on probation is automatic. The purpose of probation is to ensure that you comply with all of the terms and conditions that the court imposed upon you, including payment of fines and restitution. Yes, what the court did was legal. You need to comply or risk going to jail.... Read More

You should have gotten a retainer agreement which spells out the terms of representation. It must be in writing for cases over $2,000 and have an hourly rate. It should say the lawyer will keep all earned funds and return unearned funds if you choose to retain another lawyer. If the consultation was "free" and that is clear then the lawyer can claim he had to do work on the file before you requested a refund, and you can ask for an itemized bill. I doubt that he did much more than read the 150 pages, but he might have done research or may claim that he did research, made phone calls, etc. You can ask for arbitration in some cities if the lawyer does not return a portion of the money. As far as the lawyer not returning your calls, he is not likely to want to return your money or your calls but be polite and persistent and keep mentioning the words "bar association" and "arbitration". Do not mention a lawyer's name on a public forum and if anything you say is untrue you can be sued for slander or libel, defamation of character, or other civil torts.... Read More

I do not know what she signed or what statements she made. The police are supposed to try to contact the parents of a minor suspect and even a witness before they question them but it is just a "policy" and not a rule or a law. There is no ramification for them not trying to call the parents, but it could be a consideration at the Huntley Hearing on the advisability of the statement or confession. Parents almost never are sophisticated enough to advise their children to remain silent and demand an attorney if the police question them. It should be part of "The Talk" that parents have with their teenagers about sex, drugs, alcohol, shoplifting, birth control, DWI, safety on the internet, hygiene, getting good grades, following the law, and never talking to the police, teachers, prosecutors, or anyone about anything unless a lawyer, not their parents are present. Most parents are so unsophisticated that they actually tell their children to "co-operate" with the police often resulting in a confession that will hurt their chances of getting the case reduced or dismissed. Their parents were taught to trust the police and to help them but that is not what educated, intelligent, savvy parents do. What they do is to get a lawyer to negotiate the matter with the police and prosecutors to protect the child's constitutional rights and keep the police from getting evidence to bury them with. You can sue anyone you want, but you usually need a lawyer and a good case with damages and legal precedent. You are not going to be successful in suing anyone and if your daughter talked to the police she should not have done so and that may effect her or not depending on what she told them. As far as Miranda Warnings that depends on whether she was a suspect and if she was in custody. The police have a bad habit of lying about such things and should never be trusted as they know how to interrogate people, trick them, and lie to make it all sound legal at the hearing.... Read More

If the drugs are in one person's pocket the police will usually just charge that person. If the car smells like pot they may arrest everyone. If the drugs are found in the car everyone can be charged or just the driver if he admits the drugs are his. Never consent to a search or make any admissions or statements, just remain silent and do not let the police manipulate you into giving consent to search or talking about whose drugs they are.... Read More