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Questions Answered by Stuart Austin
1 Answer | Asked in Criminal Law, Landlord - Tenant and Libel & Slander for New York on
Q: I believe the location where I have been staying at is mixing the bathing water with sewer water or feces...options?

I've been staying there for 9 months my whole body smells like the stuff I've seen four dermatologists and they've said nothing is wrong. I believe it may be some form of secret society group at work. Idk if I go to police if I will be taken seriously.

Stuart Austin
Stuart Austin answered on Sep 1, 2021

I think the best way to be taken seriously and to either prove or disprove your point is to take a video of someone collecting a sample of the water and then sealing and sending that sample for testing to a lab.

Good Luck

2 Answers | Asked in Criminal Law for New York on
Q: , how can I change an independent attorney that is NOT serving him/her

I have a case in criminal court,it's been in court since January 2019, the ADA has NOT been ready at any of my proceedings and my independent attorney is NOT acting with MY BEST INTEREST. WANT TO CHANGE ATTORNEYS, HOW AND WHAT DO I DO?

Stuart Austin
Stuart Austin answered on Jul 28, 2021

I am not sure what you mean by an independent attorney. If you have retained him, you may simply fire him and hire a new attorney. You should be able to recover the unused portion of your retainer fee if there is one. If your attorney was assigned by the court, you will need to document the... Read more »

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1 Answer | Asked in Criminal Law for New York on
Q: What if you weren't stealing but kept it safe because his door was open and couldn't lock it and returned it when he

Came home and told him what happened and he charges you anyway. What can happen?

Stuart Austin
Stuart Austin answered on Nov 24, 2020

The law is usually defined as permanently depriving the owner of his property or doing something inconsistent with the owners rights. It will be a question of fact based on when you told him what happened. If you told him after he confronted you it may seem likea self serving excuse. If you told... Read more »

1 Answer | Asked in Criminal Law for New York on
Q: Good Morning, I have a question for a criminal Attorney

My nephew has been incarcerated since March 18, 2018. His charge is ATT CRIM POSS WEAP 2ND CLASS D his class was brought down. Before he went to prison he was out on house arrest with an ankle bracelet. Is it possible for him to get credit for time served on house arrest?

Stuart Austin
Stuart Austin answered on Nov 13, 2020

In NYS an ankle monitor does not count as incarceration. It is an alternative to incarceration. Therefore he will not receive official credit for that time. It is possible, however, for the sentencing judge to take into consideration the time he was wearing the ankle monitor and reduce his... Read more »

2 Answers | Asked in Criminal Law and Federal Crimes for New York on
Q: I was convicted in 1989 for a non-violent felony, did 5 yrs probation, 1 yr of drug rehab. I want my record sealed

I do not have a copy of my arrest record or the number I was assigned, probation office said everything is in archives and nothing will come up with my name on it. I was arrested under my married name

Stuart Austin
Stuart Austin answered on Sep 30, 2020

Depending on the crime and if you have been clean for 10 years you may be eligible to have your case sealed. Your case should be on microfiche at the courthouse and you will have to order it. You need to bring id with your married name. Once you receive the papers... call us and we will review... Read more »

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2 Answers | Asked in Criminal Law for New York on
Q: Can a person commit a hate crime on Craigslist

A person said to me on craigslist that I was a type of person that was derogatory that was saying about me being black in my family and saying it’s not right all you are a type of people shouldn’t be existing or something like that

Stuart Austin
Stuart Austin answered on Aug 28, 2020

Yes. A person may commit Aggravated Harassment over the internet. It may, however, be difficult to ascertain who actually wrote the message.

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2 Answers | Asked in Criminal Law for New York on
Q: I have a criminal summons for harassment in the second, no physical violence and I don't have a record. I have a witness

Should I acquire a lawyer or defend myself. The young lady who is claiming the harassment was harassing me. It all started when my fiance tapped her bumper, she began to rant and rave I was a passenger in the backseat. She targeted me refused to allow me out of the car and began screaming I want... Read more »

Stuart Austin
Stuart Austin answered on Aug 17, 2020

For the charge of harassment in NYS there does not necessarily have to be physical contact. You may wish to see if there are cameras around which caught the incident. A private investigator can do this on your behalf. I would be happy to go over your paperwork and advise you regarding your case.... Read more »

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1 Answer | Asked in Criminal Law for New York on
Q: I have bench warrant for misdemeanor bail jumping for vandalism plus misdemeanor vop . how much jail time I might get?

Charges : bail jumping for misdemeanor damage property plus 2 misdemeanor trespassing charges and I violated my probation for misdemeanor littering outside.

I paid my bail in full.

I was charged back in Oct 2018.

If I surrender how much jail time I am looking to?

Stuart Austin
Stuart Austin answered on Aug 10, 2020

In NYS an A misdemeanor is punishable by up to one year in jail. No matter how many you have the maximum sentence would increase to 2 years. With that being said, it has been my experience that a bail jumping charge is difficult to prove and usually results in a plea bargain. Because your cases... Read more »

2 Answers | Asked in Traffic Tickets for New York on
Q: Speeding ticket on the parkway going 60 in a 35 but I’m sure I was not there was also no traffic and 1 car

I also know that it depends on the angle of the gun and that they are not very accurate this officer was also telling me that it would be very easy to get out of it He was not very professional I tried asking what I did before providing my id but he wouldn’t tell me until I did and after he came... Read more »

Stuart Austin
Stuart Austin answered on Aug 9, 2020

What county was the ticket issued and returnable? are you looking to plea bargain the ticket or to fight it? Did he use a laser or radar or pace the vehicle or simply observation?

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