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Patrick J. McDonnell
State of Practice: New York
Member Since: 9/23/2011
Last Answer: 07/11/2013

About Me

Attorney McDonnell conducts numerous educational/training courses and speaking engagements throughout the state. Mr. McDonnell commanded multi-county jurisdictions investigating criminal areas such as narcotics, electronic surveillance, traffic, DWI, organized crime, SCUBA and police training from Buffalo to New York City. Attorney Patrick McDonnell is a compassionate and skilled attorney and a former commander with the New York State Police. Mr. McDonnell is a cum laude graduate of the Albany Law School. Attorney Patrick McDonnell is a member of the NYS Bar Association. Mr. McDonnell concentrates his practice on Criminal Law, Family Law, Estate Planning and Personal Injury Law. With almost 30 years in law enforcement, Mr. McDonnell, a graduate of both the New York State Police Academy and the Federal Bureau of Investigation (FBI) National Academy, proudly served and rose through the ranks as a New York State Trooper, Sergeant, Investigator and Lieutenant.


Patrick McDonnell is licensed to practice in New York and Ontario, Canada. He is a member of the following professional organizations: Erie County Bar Association; New York State Bar Association; New York State Defenders Association; Canadian American Bar Association; Canadian Bar Association; Ontario Bar Association; Federal Bureau of Investigation Academy Associates and Phi Alpha Delta Law Fraternity International.

Disclaimer: The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or should be formed by use of the site. The attorney listings on the site are paid attorney advertisements. Your access of/to and use of this site is subject to additional Supplemental Terms.
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Patrick J. McDonnell
State of Practice: New York
Member Since: 9/23/2011
Last Answer: 07/11/2013

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The McDonnell Law Firm, PLLC - Free legal questions and answers - LawQA.com

Free Answers to your Legal Questions by Lawyers.
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Patrick J. McDonnell
State of Practice: New York
Member Since: 9/23/2011
Last Answer: 07/11/2013
© 2017 MH Sub I, LLC. All rights reserved.
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The McDonnell Law Firm, PLLC - Free legal questions and answers - LawQA.com

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Patrick J. McDonnell
State of Practice: New York
Member Since: 9/23/2011
Last Answer: 07/11/2013
Answer: You have no "standing" to pursue charges, which means that if you are not a victim or otherwise a party to the action, y ...read more
Answer: With notice to the other side, yes.
Answer: No. 19 is the age, and even that has restrictions. Sorry. (Really...34 years old and you consider yourself youthful wi ...read more
Answer: Don't worry about your Miranda warnings. I can't see the use of a cell phone constituting resisting arrest. As far as y ...read more
Answer: Sentencing is up to the judge. Get a good attorney to negotiate such a deal for you. As far as the burglary charge goes ...read more
Answer: The Assistant District Attorney will want to interview you if he or she hasn't already. You don't testify at a prelimin ...read more
Answer: You never "need" a lawyer. You have a Constitutional right to represent yourself. But as a famous judge once said to a ...read more
Answer: If there is a court scheduled date for you to appear and don't, a bench warrant will be issued for your arrest.
Answer: It's too much to ask for if you have criminal charges pending against you. I hope you have legal assistance. I don't k ...read more
Answer: Usually only for cause (for example, the plea was not explained properly or in some other way where you can show that it ...read more
Answer: New York State has no procedure for expunging criminal records. Sorry. What you did will stay there.
Answer: Just file an action for divorce and have him served in prison.
Answer: You can't be convicted of rape if that's al that happened.
Answer: You never have to talk to the police. My legal advice is...don't. The people have the burden of proving guilt beyond a ...read more
Answer: There is no crime titled "battery" in New York State.
Answer: YOU CAN'T. It's called due process! The other party MUST be given notice of any court action against them.
Answer: You don't have to talk with the police, and my legal advice to you is...DON'T. You also should not volunteer to take a ...read more
Answer: Dis Con is not a crime. It is only a violation, so it leaves you with no criminal record. However, I wouldn't want ANY ...read more
Answer: The area around your house that is considered private is also known as the "curtiledge" surrounding your living space. ...read more
Answer: The Summons should be filed with the Action for Divorce. It is time-stamped by the County Clerk's Office. You have 120 ...read more
Answer: He would be out of his mind if he did. There's no guarantees that you will collect anything.
Answer: If you don't feel right about your lawyer, you can always get a new one.
Answer: No. New York State has no procedure to expunge criminal records.
Answer: No. You got nailed. You were not in custody when you handed the evidence over to the police or when they first questio ...read more
Answer: You can try but you probably won't win as long as the rest of the application particularly describes the premises to be ...read more
Answer: Miranda only applies to custodial interrogation. That means that police should read the Miranda warnings to you if you ...read more
Answer: It's too late. Unless you have grounds to vacate the judgment due to a valid reason such as newly discovered evidence. ...read more
Answer: You are who your friends are. If he was with burglars while they were committing the crimes, he is a burglar. Tell him ...read more
Answer: Nothing is normal about sentencing. Courts are all over the place.
Answer: Are you talking charge or conviction? If it's just a charge and you were found not guilty, you can probably have the rec ...read more
Answer: No, a 13 cannot be charged with forgery, on the defense of infancy.
Answer: If he tells you that you are under arrest, NO, you cannot fight back. If you do you will be charged with another crime ...read more
Answer: Just ask the court for an adjournment. Do it as far in advance of the court date as you can. Courts like to adjust the ...read more
Answer: Ask the court for an adjournment to seek counsel.
Answer: Miranda is so misunderstood by the public, probably in large part to TV. Miranda only applies to Custodial Interrogatio ...read more
Answer: Your first court appearance will be your arraignment. It is not much more than a formal reading of the charges against ...read more
Answer: Your attorney can make a bail application to the court to get bail lowered or even possibly lifted. The court looks at ...read more
Answer: There is no code, law or regulation. It is a retainer agreement based on a contingency that if you recover anything, th ...read more
Answer: I assume you were arrested for petit larceny (stealing under $1,000). The maximum penalty allowed by law is one year in ...read more
Answer: DUI/DWI is a crime. It will stay on your criminal record forever. I don't think you mean "Statute of Limitations." St ...read more
Answer: Counseling, like mediation, is voluntary. It doesn't work by force. So no, a court will not order counseling for paren ...read more
Answer: Don't ignore it. It won't go away. Talk with a lawyer. You may have a valid motion to dismiss for lack of timely pros ...read more
Answer: You have to answer it. It won't go away. If you posted that $660 bail and failed to show, you've probably lost that ba ...read more
Answer: First of all, there is no crime titled battery in New York State, and I have no idea what you mean by "DUI less safe" Ho ...read more
Answer: Due process dictates that he has to be served with notice for the Action for Divorce. Personal service is best, of cour ...read more
Answer: That depends on the details of the incident. It also depends on the location of the attorney. Lawyers in the New York ...read more
Answer: How could he have been convicted if she didn't show up?! You have a Constitutional right to confront your accusers! I' ...read more
Answer: Sentencing is strictly up to the judge. Character references are always good when it comes to sentencing. As far as hi ...read more
Answer: Make sure you notify your probation officer. It is always worse when probation finds out on their own. You CAN be viol ...read more
Answer: Don't listen to a friend or anyone else. Check with the court, or better yet, check with a lawyer to represent you!
Answer: Whoever is determined to be the primary residential parent, regardless of the designation of joint custody, is entitled ...read more
Answer: If the drugs were on the person of the passenger, chances are he would be the only person arrested. If they were found ...read more
Answer: If his probation officer violated him, he could be sentenced to complete his criminal sentence, or the judge could dismi ...read more
Answer: Talk with a lawyer. I see a lot of possible legal issues here. Too many to speculate with the limited information you ...read more
Answer: Get a lawyer! I see several possible legal issues here. You do not have to plead guilty at the request of the district ...read more
Answer: If the vehicle's registration was suspended, that is probable cause to stop you regardless of what you look like. Some ...read more
Answer: The maximum penalty for petit larceny (under $1,000) is one year in jail and/or up to $1,000 fine.
Answer: You never HAVE to have a lawyer for a criminal case. You have a Constitutional right to represent yourself. However, t ...read more
Answer: If it was an accident, it's not a crime. The charge of criminal mischief (destroying someone's property) almost always ...read more
Answer: The fact that it's a second offense has no bearing on the level of crime. The value of the goods stolen determines the d ...read more
Answer: If you go to trial, yes, the District Attorney will prosecute the case. He doesn't need a lawyer for anything.
Answer: He is NOT a felon unless he is convicted of being one. Everyone is innocent until proven guilty in a court of law.
Answer: That depends on what you are charged with. For minor violations, the judge can be only so patient until he proceeds due ...read more
Answer: There is a legal presumption of possession when you are in a vehicle where contraband is found, whether you are the actu ...read more
Answer: Most places require government issued identification to be sure that it is not something phony. It doesn't necessarily ...read more
Answer: Sentencing is strictly in the judge's discretion. Get a lawyer to assist you prior to sentencing. It could make a huge ...read more
Answer: If you haven't been convicted yet, get a lawyer immediately. If you have already been convicted, the only chance you ha ...read more
Answer: Yes, it will go on your criminal record. If you are 19 years old or less, you may be able to get Youthful Offender stat ...read more
Answer: They have the option of either. Depending on the reason for your revocation, it's either a misdemeanor or a felony. If ...read more
Answer: If he doesn't have a lab report verifying that the substance is, indeed, illegally possessed, than no, they cannot get a ...read more
Answer: More than if you didn't have one. Maybe a lot, in fact, depending on the details of your case. Call one.
Answer: Attempted burglary in the first and second degrees (Penal Law sections 140.25 & 140.30) are violent felony offenses Att ...read more
Answer: Contact the state agency that oversees Vet Medicine.
Answer: A search warrant does not need a file or case number on it. It needs to show the particular items searched for and the ...read more
Answer: If her TV was stolen, sure she can file a police report. Depending on the value of the TV or the circumstances how it w ...read more
Answer: That sounds like a civil matter. I can't see anything criminal. In the alternative, it's a parental/child issue that y ...read more
Answer: The judge was correct. You were given an adjournment in contemplation of dismissal, which means your case has been, or ...read more
Answer: You will be charged with 2 counts of petit larceny, a class 'A' misdemeanor, a crime. The maximum penalty for each is a ...read more
Answer: If you refused the breathalyzer, it WOULD be considered a refusal. It's not up to you to choose which test to perform t ...read more
Answer: Unfortunately, the law of equitable distribution says yes, if it was accumulated during the marriage, it's marital prope ...read more
Answer: The court has to have a return date for you. Just find out what it is.
Answer: No unless you were driving and alcohol showed up in your blood.
Answer: You are probably eligible for a Certificate Against Disabilities which forbids an employer from discriminating against y ...read more
Answer: At 16, he's criminally responsible as an adult for any crime he commits. If the police had him in custody before questi ...read more
Answer: If the police have a search warrant for a particular item (ALL search warrants must state a particular item to be seized ...read more
Answer: You may be able to vacate the judgment. The basis for this is limited. One is ineffective assistance of counsel. Chec ...read more
Answer: The New York State Dept of Motor Vehicles is an entirely separate entity from the court system. I don't know why, becau ...read more
Answer: Well, I would definitely get an attorney. If it's a first offense, chances are that the District Attorney will accept a ...read more
Answer: Yes. Just call the court (they may want something in writing) to request an adjournment.
Answer: I don't know Missouri law, but in NY she would get 50% of the value of the 401K for the number of months you were marrie ...read more
Disclaimer: The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or should be formed by use of the site. The attorney listings on the site are paid attorney advertisements. Your access of/to and use of this site is subject to additional Supplemental Terms.
© 2017 MH Sub I, LLC. All rights reserved.
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