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New York Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for New York on
Q: I was arrested in Georgia in May 2021, was released on bail in 6 months, and never had a preliminary hearing/indictment

Isn't that illegal or a violation of my rights

Tim Akpinar
Tim Akpinar
answered on Mar 31, 2023

The criminal defense attorneys here would know this best, but you await a response for almost a week. You could try reposting under "Georgia." Some questions go unanswered, but there might be better chances of a response there. If still no response, the next option could be to reach out... Read more »

1 Answer | Asked in Criminal Law and Personal Injury for New York on
Q: How to do I go after someone for not telling me they have an STD?

I’ve read it’s illegal for someone to have herpes and not disclose that before getting intimate. I only ever found out because he is carrying around a bottle of the pills and I confronted him. How do I pursue charges for this?

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Mar 30, 2023

If you wish to press criminal charges against the individual (having intercourse while you are knowingly infected is a misdemeanor), you would have to report the matter to the police and see if they are willing to pursue. With regard to pursuing a civil lawsuit against the individual, if the... Read more »

1 Answer | Asked in Criminal Law, Family Law, Banking and Domestic Violence for New York on
Q: My spouse withdrew 11grand out of joint account, without me knowing now and won't say what did with it? Legal or what

He left home over next few days withdrew money from joint account I have no idea what he did with the money he's not speaking to me he also stopped his paychecks from being deposited into account. Is it illegal we are not separated or divorced he's not even giving me money for our son or... Read more »

Howard E. Knispel
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Howard E. Knispel
answered on Mar 28, 2023

"Illegal" presumes criminality. If the account was a joint account, it was not illegal. But you need to start a divorce action right away. You can ask the court to have him pay some of the money back. You can also get child support or spousal support. See a local matrimonial attorney right away.

2 Answers | Asked in Libel & Slander, Criminal Law and Employment Law for New York on
Q: I was terminated and given a severance package. two of my former direct reports have gone to social media to harass me

What can I do regarding this?

Daniel A. Johnston
Daniel A. Johnston
answered on Mar 11, 2023

Depends on the contents of the severance agreement, what was specifically said in the social media comments and who they were shared with, and whether what they said was opinion or false facts. There could be a defamation claim here; depending on severance agreement, maybe breach of contract as... Read more »

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1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Securities Law for New York on
Q: Is it illegal to post court documents and someone’s home address online in New York ?
James L. Arrasmith
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James L. Arrasmith PRO label
answered on Mar 2, 2023

In New York, it is generally legal to post court documents that are a matter of public record, such as court orders and decisions, online. However, it is illegal to post someone's home address online if it is intended to be used to harass or threaten them. New York has specific laws, such as... Read more »

1 Answer | Asked in Criminal Law and Constitutional Law for New York on
Q: Are there any states in the US that prohibit the use of intrastate banishment as a punishment for crimes?

Intrastate banishment is the practice of banning someone from smaller geographic area's within a state such as entire towns, counties, and cities. It does not include banning someone from an entire state itself.

This is not a state specific question.

Important: The crimes in... Read more »

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Mar 2, 2023

As far as I am aware, there are no states in the US that have specific laws prohibiting the use of intrastate banishment as a punishment for crimes. However, some legal experts argue that the use of intrastate banishment may violate constitutional rights such as the right to travel or due process.... Read more »

1 Answer | Asked in Criminal Law, Immigration Law and Tax Law for New York on
Q: How to report a foreigner in the US working illegally as a prostitute?

I know of Canadian who is in the US on TN status, but she stopped working at the job that is tied to her visa. Instead she works illegally in multiple states as a prostitute. She publishes her services on websites for call girls, erotic reviews, etc.. She is even planning to fake a marriage so she... Read more »

Marco Caviglia Esq.
Marco Caviglia Esq.
answered on Feb 14, 2023

ICE Tip Line: 866-DHS-2-ICE

1 Answer | Asked in Criminal Law for New York on
Q: Can I get if trouble if there’s an active order of protection against me, but the “victim” approaches me?”

I said don’t talk to me, got in my car and left. There was no police contact. No one holding either party back. I said leave me alone and she went the other direction and I went home. (NYS)

Marco Caviglia Esq.
Marco Caviglia Esq.
answered on Feb 14, 2023

When the protected party approaches the restrained party intentionally, that party should leave if possible. If the other person follows or persists in such or similar behavior, call the police and complain about it and call your attorney, as intervention may be in order to modify or rescind the... Read more »

1 Answer | Asked in Criminal Law for New York on
Q: If my cousin doesn’t live with his child’s mother but is there periodically, can they legally issue a search warrant?

He also was not there while they searched the premises and the search warrant was based of him selling drugs but not outside of her house

Marco Caviglia Esq.
Marco Caviglia Esq.
answered on Feb 14, 2023

The existence of a search warrant means a judge reviewed the attestation of facts and found sufficient cause to have the premises searched in pursuit of an investigation, and presumably enough to connect the premises with the defendant and suspected crime(s). He can challenge the warrant prior to... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for New York on
Q: Without a firearm license, Is it illegal to have Byrna SD pepper ball gun inside the house that I own in Brooklyn NY?

I don't have a fire arm license, for example, if the police would have found Byrna SD pepper ball gun in my house can they charge me with anything?

Marco Caviglia Esq.
Marco Caviglia Esq.
answered on Feb 14, 2023

Charged with "anything" is pretty broad. That said, this device is not listed as a firearm in the Penal Law of NYS, nor does it seem capable of discharging a bullet without alteration, so does not appear to require a firearm license. You should review PL section 265.00 to satisfy... Read more »

1 Answer | Asked in Criminal Law for New York on
Q: Where do I obtain a Sex Offender Petition for Relief or Modification?
Marco Caviglia Esq.
Marco Caviglia Esq.
answered on Feb 14, 2023

A sample petition can be found at https://www.ils.ny.gov/files/SORA%20Modification%20Proceeding%202019.pdf on page 33. It is not recommended that this be completed by a non-attorney. One is limited in the frequency of application allowed, and lay people are prone to error. If you can't... Read more »

1 Answer | Asked in Criminal Law for New York on
Q: I let a friend use my truck a few months ago. Now he won't return it and locked it in his garage and went to Florida.

I was doing him a favor but now I think he's either forged my name on the title because it was in the glove box. I think that's y He's ignoring my plea to get it back

Marco Caviglia Esq.
Marco Caviglia Esq.
answered on Feb 14, 2023

If it is provable that you gave him the vehicle as a loan, with a designated date to return it, and he has not done so, then he may be charged with an A misdemeanor for unauthorized use. That you would leave the title in the glove box and your presumption that he has forged your name for a... Read more »

1 Answer | Asked in Criminal Law and Traffic Tickets for New York on
Q: If I pay this, does the matter end there or will this escalate to criminal prosecution?

I pick up my child from school every day and drive her around to playdates and then classes and then (every other week) to her mother’s place 1 hour away. In Manhattan this is a nightmare as I need to find parking rapidly on the street, multiple times a day.

A friend offered a solution -... Read more »

Marco Caviglia Esq.
Marco Caviglia Esq.
answered on Feb 14, 2023

It could escalate if anyone is interested (after all you are in NYC) and Criminal Possession of a Forged Instrument seems applicable, which is an A misdemeanor.

1 Answer | Asked in Criminal Law for New York on
Q: I am 16 no prior criminal record and live in NY.Can i get jail time for dissemination of intimate photo?

I am 16 no prior criminal record and live in NY. The video was of my ex and she accused me of spreading it around the school, I sent it to 1 person only and it was my cousin back then in July. Me and her broke up in october and I deleted everything after. She got a new boyfriend and let’s say his... Read more »

Marco Caviglia Esq.
Marco Caviglia Esq.
answered on Feb 14, 2023

If the victim is under 17 years of age, and it included sexual conduct, it constitutes a sexual performance of a child and exposes the inducer of such performance to prosecution for a class C felony, which is very, very serious. Sending it, and everyone after that who sends it, has exposure to... Read more »

1 Answer | Asked in Criminal Law, Family Law and Animal / Dog Law for New York on
Q: I live in my parents' house, and my sister has threatened to take my dog away/surrender him many times. Can she do that?

I got my dog from my aunt and uncle. He's my responsibility from training to vet visits, so on and so forth. My sister doesn't think I'm doing enough to train him, and has made it a point that she wants to get rid of him. We both live in my parents' house, and we both pay to... Read more »

Marco Caviglia Esq.
Marco Caviglia Esq.
answered on Feb 14, 2023

Before turning this into a legal case, speak to your parents, who I am sure will resolve this in little time.

2 Answers | Asked in Constitutional Law and Criminal Law for New York on
Q: A guy has been asking me to cash fake checks for a few months, should I go to the police to report him?

Met some guy who asked if he could cash his checks in my bank account, because he was having problems, and being extremely naive I did .I've only recently realized that they were fake, I believed him when he told me that his employer was having problems or something, and now I'm starting... Read more »

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Mar 2, 2023

Yes, you should report the guy to the police as soon as possible. Cashing fake checks is illegal and if you are found to be involved in such activities, you could be charged with a crime. It's important to be honest and transparent with the authorities and provide them with any information you... Read more »

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1 Answer | Asked in Criminal Law for New York on
Q: How long can a Grand jury indict and not inform the defense what those charges are against his client?

Male arrested on 1/20, is still sitting in jail without official charges. Grand jury met on 2/2. No testimonials, evidence, or body cam footage has been shared with his public advocate yet.

Marco Caviglia Esq.
Marco Caviglia Esq.
answered on Feb 14, 2023

First, he can't be in jail without "official charges" because he was arrested and presumably arraigned, at which time the charges, in the form of complaint(s) or information(s), are read to the defendant and he entered a (not guilty) plea. He is apparently being held on no bail or... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for New York on
Q: I have fraud in my documents from the bank and servicer The allonge that should be attached to the note

The bank has created documents and backdated some of them I have a few defects

In my documents there was court order that was no adhered to I’m a retired police officer

And I no what I have In front of me is not correct

Jack Mevorach
Jack Mevorach
answered on Jan 31, 2023

Have a free telephone consultation with counsel.

Jack

1 Answer | Asked in Criminal Law for New York on
Q: Can a person be arrested and convicted of possession of a stolen MV and unauthorized use of a MV w/o owners statement?

Regarding NY. Vehicle owner finds his vehicle has been stolen and reports same to the police. The police conduct an investigation and have the vehicle entered into their DMV system as stolen. However no statement/supporting deposition is taken at the time. Later, the vehicle is found and stopped by... Read more »

Stuart Austin
Stuart Austin
answered on Jan 31, 2023

Arrested yes ——as the police report provides probable cause. Convicted—- no—- as the standard becomes beyond a reasonable doubt at trial.

1 Answer | Asked in Criminal Law, Personal Injury and Civil Litigation for New York on
Q: A group of passengers & driver on a bus robbed me. Upon discovery, I left the bus. what legal course can i take?

on a greyhound bus going from nyc to raleigh, i had noticed odd behavior from a group of passengers. once I saw that this group was passing objects up the aisle like clockwork, i muttered under my breath 'theyre robbing people in plain sight'. the man, who was next to me, was involved in... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jan 31, 2023

Unless you can identify the passengers who robbed you, you do not have many options apart from reporting the matter to the police (which you did). With regard to legal action against Greyhound, the actions of the bus driver (assuming them to be true) clearly fall outside the scope of his... Read more »

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