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Questions Answered by Jeremy Saland - Justia Legal Answers

• 25 November 2010Q: I need a permission to travel i'm on probation in NYS
  A: Respectfully, this question is fairly easy to answer. If you are not permitted to travel due to probation, speak with your probation officer. Even if you are on a hand scan and don't regularly see a PO, there is someone you can speak with. It is not advisable to merely take matters into your own hands. You could end up violating the terms of your probation. Again, there is a simple answer to this and your PO is the source.
• 24 November 2010Q: Do I break the law by paying 'protection' money for my business? I don't like it, but I don't want to risk getting hurt.
  A: Your question is too vague. Are you paying someone who ultimately hurts another person to protect you? Are you aware of this or consent to this? Are these people whom are being paid threatening you to force you to pay them? Don't answer these questions in a public forum, but consider seeking a consultation as to this issue with an attorney. It appears as if there is certainly something inappropriate, fraudulent or illegal (for lack of better terms) going on.
• 24 November 2010Q: Can you be arrested for narcotic charges if they only have hear say? Can they come get you and for what?
  A: There is a vast difference between arrest, indictment and conviction. While an arrest requires probable cause, a conviction requires proof beyond a reasonable doubt. Hearsay may be sufficient for an arrest (think the domestic violence context), but for the case to proceed to indictment or conviction, much more is required. Certainly, each case has unique facts and would require an analysis with your criminal defense attorney. In the context of drug sales, however, hearsay alone will likely not lead to an arrest. Yet, corroboration can change this. Were drugs recovered from you when you were confronted? Did you admit to a crime? Did you have drug records on your person? Did a search warrant reveal all of the above in some manner? No attorney can give a blanket answer, but if an individual merely says that you sold him drugs, absent any corroboration, an arrest is not likely. It is important to note, even if you are not arrested, this may result in you becoming a target of an investigation where a case may be built against you. Remember, anyone can get arrested. Whether you are guilty or the charges have any merit is an entirely separate issue.
• 24 November 2010Q: Meaning of codes 10-155-30 in criminal court
  A: New York Penal Law 155.30 is Grand Larceny in the Fourth Degree. This crime is an E felony punishable by up to four years in prison. There are many subsections for this offense. Usually, however, the crime relates to a theft exceeding $1,000, but $3,000 or less. If you steal property from another person without force or you steal a credit card, for example, this crime would also apply. It is not clear if by 10 you mean 110. If so, this means that the crime is an attempted Grand Larceny. If this is the case, then the charge would be lowered to an A misdemeanor punishable by up to one year in jail. Consult with your attorney as to the specifics and how the facts of your case satisfy (or not) the elements of the alleged offense.