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Michael J, Esq.
Michael J, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 3514
Experience:  Licensed attorney experienced in criminal matters, having represented hundreds of clients with every misdemeanor and felony imaginable.
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I just did this a few minutes ago I have a court hearing

Customer Question

I just did this a few minutes ago



I have a court hearing to give my "answer" to the charge of NMY 240.30-1A Agg harrassment-2nd degree...I faxed and called a bar seeking to meet with its owner to air some grievances . The total communications number 5. I ceased in march.

I am going in pro se, and have considerable pro se litigation in GA. I mostly need procedural, forms, and prorocol type help.

I was arrested June 16 - the delay is still unclwear.

I need an atty familar with NY cvriminal alw as well as First Amendment Freedom of Protest in Public, speech, etc.

I urgently need your reply
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Michael J, Esq. replied 8 years ago.
Hello -

Thank you for contacting JustAnswer. My name is Michael; I look forward to helping you with your criminal problem today.

What is your legal question?

Thanks,

Michael
Customer: replied 8 years ago.
thank you
Customer: replied 8 years ago.

thank you

 

do you have any access to the data from yesterday's Just Answer sessions?

Expert:  Michael J, Esq. replied 8 years ago.
Customer-

I do not have that access. I can only answer questions that you pose today.

Thanks,

Michael
Customer: replied 8 years ago.

This is troubling, in that I added a generous tip to the atty and in a case where ongoing advice is needed - why do you not have access online to that data?

 

Do you have NY crim law knowledge?

 

240.30-2nd-Sub 1A Agg. Harrassment

 

I was never mirandized; i was called on the tel and allowed to turn myself in.

 

charge stems from a bar owner whom I picked re grievances at treatment i received from his manager, and a total of 5 faxes/email/tel calls

 

 

Expert:  Michael J, Esq. replied 8 years ago.
Customer-

I understand your situation. We are an informational site, so I can only answer questions that you pose. If you ask specific questions, and number them, I can answer each of them for you. I am familiar with criminal procedure.

Michael
Customer: replied 8 years ago.

1. Since I was never mirandized, and pro se, how should i point this out - and how do i state properly my wish for a mistrial

 

2. Tomorrow is the "answer" day. I have done this in GA. What NY form do I need - even thouigh I know formal forms can be bypassed.

 

3. i have a lexis nexis membership. Is that a comprehensive site for forms?

 

4. At ghe arraignment, the judge knew of my picketing - but there was no reference of it on the complaint given to me.

 

This is a small town and seemingly there is a good ole boy mentality.

 

5. Was it misconduct for him to mention picketing without that term being on the complaint?

 

6. A prot. order was issued, and the judge angrily told me "stay away from them!"

 

I asked for specific distance parameters and he refused to give them, in my mind a First Amenment discrepancy

Customer: replied 8 years ago.

Re the arraignment last week:

 

10. Was it necessary for me to be cuffed throughout the entire proceeding? I had prepared papers in a folder, and told the judge I was pro se. I wanted to access my file, speak, and take notes.

11. Is it normal for the judge to want no facts from the accused before bail, prot'ive orders, etc. Should I not have been asked any possibly mitigating questions - as a point of ref for the judge to decide bail and grant the prot. order?

 

12.. The judge's demeanor, calmness, and attitude became hostile when I replied that I would picket again. I think he was expecting a non-assertive, intimidated defendant. "I order a bail of $500 and this protective order. Is this grounds for a formal complaint?

 

13. Do i have access to the tape of the hearing? I know I can pay for a transcript, bhut know how expensibve they can be.

 

14. Can I request a transcript for only specific exchanges during the hearing - to reduce the cost?

Expert:  Michael J, Esq. replied 8 years ago.

1. Mirandizing does not happen upon all arrests. You only have to mirandized if they are taking a written or recorded statement from you for purposes of using it against you at trial. That is not the case here, so Mirandizing is not an issue.

2. There is no "Answer" day in criminal procedure. Tomorrow will either be your arraignment or a show cause hearing to determine if the protective order should be extended. You need to find out which one it is. If it is your arraignment, you will not need to prepare: simply plead "not guilty" to the charge and ask to remain out of jail on the same bond. If it is your show cause hearing, you will need to prepare your reasons as to why the protective order should not be extended. Basically, you will need to show that you were attempting to communicate with the bar for legal reasons (to ask for redress for some situation) and not communicating with intent to annoy or harass.

3. Lexis Nexis is a research site, but should contain forms as well. However, there are no forms that you will need to fight this charge.

4/5: No, it was not misconduct to mention the picketing.

6. The Judge does not have to orally give you the parameters of the protective order. They parameters are listed on the Order itself. You simply need to ask for a copy so you will have in writing exactly what you need to do.

Here is the specific statute, which I am sure you have read:

communicates with a person, anonymously or otherwise by telephone, or by telegraph, mail or any other form of written communication, in a manner likely to cause annoyance or alarm; or (b) causes a communication to be initiated by mechanical or electronic means or otherwise, with a person, anonymously or otherwise, by telephone, or by telegraph, mail or any other form of written communication, in a manner likely to cause annoyance or alarm

Good luck,

If my answer was helpful, please click ACCEPT so I may be compensated for my time. If you are not satisfied with the Answer, please feel free not to Accept, and post a follow up question so I may be able to clarify my Answer. My goal is to provide an outstanding Answer, so give me a chance.

Regards,

Michael
Expert:  Michael J, Esq. replied 8 years ago.

10. If you were arraigned, then the police have the option of keeping you handcuffed or not.

11. Yes, this is normal. The accused does not get to offer facts at arraignment. Also, the TRO is only temporary, meaning the judge will almost automatically grant the TRO (to protect the "victim") and then set a date to hear facts to determine if it should be extended or not.

12. No, this is not grounds for a complaint. The Judge can express his concern at your actions, and it is not misconduct.

13. No, you do not have access to the tape.

14. You can attempt to ask for specific parts, but I am guessing that they will ask you to pay for the entire thing, if it is available.

If my answer was helpful, please click ACCEPT so I may be compensated for my time. If you are not satisfied with the Answer, please feel free not to Accept, and post a follow up question so I may be able to clarify my Answer. My goal is to provide an outstanding Answer, so give me a chance.

Regards,

Michael
Customer: replied 8 years ago.

Last week the TRO was granted and bail paid.

 

Tomorrow, as written:

 

"required to appear to answer the above charges"

 

Do you have NY experience or the license? If not - how do I find a JA atty who is?

 

Michael: "The Judge does not have to orally give you the parameters of the protective order. They parameters are listed on the Order itself. You simply need to ask for a copy so you will have in writing exactly what you need to do"

 

The tro gave no specifics - only "stay away from- home,school, "VICINITY" of business.

 

1. How can I picket under such vague terms?

2.What if i want to eat at a restaurant? This is a one main street" town.

3. TRO "no communication, direct or indirect" How can I arrange for a possible out of court settlement, arbitration, et al?

Expert:  Michael J, Esq. replied 8 years ago.

I do not have a NY license. You can browse the experts if you like an request one that is licensed in New York, but it is not guaranteed they will Answer. I can help you out or opt out. What would you like me to do?

Michael
Customer: replied 8 years ago.

I have been entering more questions after pressing "reply to expert" without waiting for the reply. Should this work?

 

 

Did you get the questions group that ended with:

 

 

 

MICHAEL ARE YOU GETTING THESE ADDITIONAL TEXTS FROM ME?

Expert:  Michael J, Esq. replied 8 years ago.

I am going to opt out and allow a NY expert to assist you.

Michael
Customer: replied 8 years ago.

thank you so much - yOU DID GREAT

 

hOW DO i PAY YOU MORE THAN THE PRESCRIBED FEES, EG $18, $58 ETC

 

dOES THE "TIP" OPTION MEAN MY TOTAL payment or does it get added to the $18 or whatever

 

how soon will i hear from a ny atty?

 

do you know of any reputable pro se websites?

Expert:  Michael J, Esq. replied 8 years ago.

If you want to pay more, then you can "ACCEPT" my answer and then leave a tip at the end. Yes, tip means added to the original amount you authorized. Tips are always appreciated.

I'm not sure how soon you will hear from one, it all depends on a NY expert seeing your question and clicking on it.

Michael
Michael J, Esq. and 5 other Criminal Law Specialists are ready to help you
Customer: replied 8 years ago.

I do not remember authorizing any amt. Do you know what it was?

 

is there a tel number for ja cust service?

 

thank you so much

Expert:  Michael J, Esq. replied 8 years ago.

Yes, the original amount was $22.

You can reach justanswer [email protected] I do not know of a telephone number.

Good luck!

Michael

P.S. no need to respond to this