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New York Criminal Law Questions & Answers
0 Answers | Asked in Criminal Law for New York on
Q: I just did 6 months and got out and a cop is charging me with assault in the 2nd

I just did 6 months and got out and a cop is charging me with assault in the 2nd and I never assaulted him I ran and he tased me I fell then tased me a few more times then took me to Watkins Glen police station charged me with only resisting arrest at the time and then the same cop took me to... View More

1 Answer | Asked in Criminal Law for New York on
Q: Falsely accused of shoplifting a bag of chips in New York City (details below)

I walked into a grocery store with a half eaten bag of chips I bought from a drug store (worth literally $1.50) and walked around a bit since I was only grabbing a few things and did not want to get my chip fingers over what I was going to buy.

I threw away my bag of chips and took a napkin... View More

Tim Akpinar
Tim Akpinar
answered on May 3, 2024

Although your question is posted under "Criminal Law," it appears that no criminal action was taken, and that instead, you are wondering about your rights in terms of civil action related to your treatment at the store??? If that's the case, you could reach out to attorneys to... View More

1 Answer | Asked in Criminal Law for New York on
Q: Can judge issue bench warrant, jail, order pre trial probation then recuse for conflict of interest 1 month later
Michael J Stachowski
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answered on Apr 28, 2024

This fact pattern is somewhat strange , however the judge in question has the authority to issue a Bench Warrant when a defendant fails to appear for a court appearance. He can revoke recognizance bail or cash/ bond bail and impose release under supervision of the probation department as a form... View More

0 Answers | Asked in Civil Litigation, Criminal Law and Civil Rights for New York on
Q: Is a detective supposed to question family and friends when they think there is foul play?

The detective only questions the two people that lived with my sister. One use to be a heroin addict. she has been clean for 15 years as she says and the other has mental issues who has a case worker. My sister thought she was another Mother Theresa. They did kill my sister, they did elderly... View More

0 Answers | Asked in Criminal Law, Elder Law, Federal Crimes and Municipal Law for New York on
Q: What kind of lawyer do I need to fight for me against the town and the two people who killed my sister.

I finally found hard evidence that he killed my sister with his medication which showed on the toxicology report that it was his meds. The prescription read his name on the bottle. The detective had taken a picture of the meds. There is way to much to tell on here... I am living a nightmare, I am... View More

1 Answer | Asked in Criminal Law, Elder Law and Municipal Law for New York on
Q: What kind of lawyer do I need to fight for me against the town and the two people who killed my sister.

I finally found hard evidence that he killed my sister with his medication which showed on the toxicology report that it was his meds. The prescription read his name on the bottle. The detective had taken a picture of the meds. There is way to much to tell on here... I am living a nightmare, I am... View More

John Michael Frick
John Michael Frick
answered on Apr 17, 2024

My advice is to contact the New York State Police and provide to them the toxicology report and other hard evidence while explaining that you are having difficulty with the local police and sheriff's dept.

The New York State Police may have received other similar reports regarding...
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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for New York on
Q: Should inhumane mistreatment in a prison automatically result in a transfer of the mistreated inmate?

If the courts have knowledge shouldn’t they do something about it? And how can they trust the prison from not continuing to do it? Which is why they should probably be transfered?

James L. Arrasmith
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answered on Apr 16, 2024

There are several important considerations to weigh regarding automatically transferring inmates who have been inhumanely mistreated:

On one hand, the priority should be protecting the safety and human rights of incarcerated individuals. If an inmate has faced abuse, assault, torture, or...
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0 Answers | Asked in Criminal Law, Business Law and White Collar Crime for New York on
Q: What is the likelihood former President Trump will get any sort of punishment for the current trial he is facing?

Hypothetically, they finally get a jury and he is found guilty. The media hypes it up in my opinion but would he face a grave punishment or would this just be another fine? Could he be put on probation?

0 Answers | Asked in Criminal Law and Family Law for New York on
Q: I am wondering where this is going..How can Halle Berry

compromise her safety, mental health, and her kids who are all underage for her ex and ex-husband to have a secret house with Klay Thompson.. is she really living with my husband in a secret house??? With kids??? Where am I going from here???

0 Answers | Asked in Criminal Law for New York on
Q: After 160.59 sealing in ny will I receive my dna sample back

I had 1 conviction for petty larceny 14 years ago and recently sealed through the court

0 Answers | Asked in Criminal Law and Municipal Law for New York on
Q: If a house was raided is there a police report and where would I get this report?

My sister's house was raided. They thought my sister was a drug dealer because she had one guy living with her that was on heroin who was working on her house. He lived there because my sister was tired of picking him up every morning at his house so she made him move in till the job was... View More

1 Answer | Asked in Criminal Law, Civil Rights and Municipal Law for New York on
Q: A driver followed over took and break checked me. At a light he got out to address me. what to say in court

I was very aggressive with words when he approached my car. He tried to coax me out the car to fight I guess. How do I get his name to license plate and take him to court

James L. Arrasmith
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answered on Apr 6, 2024

If you feel the other driver acted recklessly in a way that endangered you, the appropriate course of action is to file a police report. Provide them with as many details as you can recall, including the location, time, vehicle description, license plate if you saw it, and a factual description of... View More

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for New York on
Q: The prosecutor on my case from 11/30/2022 appealed the judges dismissal with prejudice. Didn't I have to be notified?

It was dismissed because the accusatory instrument was in error. She won the appeal, mind you this is on a city court level. I feel this is harassment and violating my civil rights. Wasn't the dismissal the law? How can she win an appeal on factual law??

Charles Holster
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answered on Apr 8, 2024

Yes, you had to be notified. The prosecution had to send your attorney a copy of its a motion. So, check if your attorney received it or not. If he did, he should have informed you. If your attorney did not receive a copy of the prosecution's motion, then the appeal may have been defective.... View More

1 Answer | Asked in Constitutional Law, Criminal Law and Federal Crimes for New York on
Q: What exactly is the civil fraud case trump is charged with and how serious is it? Was the 454 million dollars too much?

Just want a summary. Not asking for political views or trying to state an opinion.

James L. Arrasmith
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answered on Mar 26, 2024

The civil fraud case against Donald Trump involves allegations made by the New York Attorney General's office, led by Letitia James. The case alleges that Trump and the Trump Organization engaged in financial fraud by inflating asset values on financial statements provided to banks and... View More

1 Answer | Asked in Criminal Law and Civil Rights for New York on
Q: How do I press charges on a police officer for violating my fourth amendment and harassing me. Or for doing illegal car

Illegal car searches and pat downs

James L. Arrasmith
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answered on Mar 25, 2024

If you believe a police officer has violated your Fourth Amendment rights through illegal searches or harassment, you can take several steps to press charges or seek justice. First, document every detail of the incident, including dates, times, and any witnesses. This information is crucial for... View More

1 Answer | Asked in Criminal Law and Constitutional Law for New York on
Q: What are the reasons that a speedy trial can’t happen with a first-degree manslaughter charge?

My husband was charged with second-degree murder. he then went to grand jury testified in the grand jury voted for a nonviolent C felony. A week later, the DA on his case went back to the grand jury, and had them change the vote to a first-degree manslaughter charge. It was said that he could do... View More

James L. Arrasmith
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answered on Mar 19, 2024

The right to a speedy trial is fundamental, but its application can vary based on the specifics of the case, including the charge of first-degree manslaughter. Typically, the right to a speedy trial means that a defendant cannot be held for an extended period without being tried, but several... View More

1 Answer | Asked in Criminal Law for New York on
Q: If charged with first-degree manslaughter, do I have a right to speedy trial?
Michael J Stachowski
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answered on Mar 18, 2024

You always have a right to a speedy trial. However you should not rush a manslaughter trial because it needs proper investigation. Your case should be properly prepared for trial. All your witnesses need to be identified and the testimony prepared and ready for trial. A quick resolution is always... View More

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