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Questions Answered by Stuart Austin
1 Answer | Asked in Criminal Law for New York on
Q: Does a DA’s office (Queens NY) have to confer with victims before accepting a plea deal?

Three members of my family and another person were phisyically assaulted by a person in Queens, NY and then arrested. We heard basically nothing from the DA unless I emailed them a few times. I have recently found out that the DA’s office accepted a plea deal without even consulting with us.... View More

Stuart Austin
Stuart Austin
answered on May 23, 2023

There is no requirement that you would get a say in the plea deal given to a defendant. You do have the right to make a victim's impact statement pursuant to CPL 390.50 "The district attorney shall also give at least twenty-one days notice to the victim or victim's family of the... View More

3 Answers | Asked in Criminal Law for New York on
Q: I was with a friend during the time of a fire and they want to blame it on us even though they have no proof

We were together and they questioned me and I ran up the stairs before because I had a lot of weed on me and I managed to ditch the weed which they later confiscated but has no ties to me. However, now I am the prime suspect in this arson I did not commit and they want me to come in and give a... View More

Stuart Austin
Stuart Austin
answered on May 22, 2023

First off, you should not speak with any law enforcement before speaking with your own lawyer. Is it police or campus police who are trying to speak with you? Are you a student currently attending the college where this occurred? An attorney can hire an investigator to retrieve video... View More

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1 Answer | Asked in Criminal Law for New York on
Q: Girl is claiming her boyfriend had text her saying he sells drugs for one of his friends. Can a warrant be made for the

Girl is claiming her boyfriend had text her saying he sells drugs for one of his friends. Can a warrant be made for the friend he's claiming to sell drugs for.

Stuart Austin
Stuart Austin
answered on Jan 24, 2023

The police would need more information than a simple statement from a third party claiming she knows her boyfriend sells drugs to another individual. Most importantly, since it would only be the possession, they would need to prove he possessed an illegal substance.

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... View 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 for New York on
Q: If I'm an hour late turning myself in for my weekend. What will happen

I'm in ny

Stuart Austin
Stuart Austin
answered on Jan 29, 2023

Maybe nothing. They may also refuse to take you. They will probably, however, notify the court. You should notify your attorney so that he can notify the court before the problem arises.

1 Answer | Asked in Criminal Law and Civil Rights for New York on
Q: I got arrested 132 days ago I've pled not guilty. How does the speedy trial law affect my case if at all?

all? Pled not guilty and I'm awaiting a motion date from my lawyer.

Stuart Austin
Stuart Austin
answered on Jun 7, 2022

Speedy trial is only applicable when your attorney does not consent to adjournments and requests the ADA to take the time until the next court appearance. If your attorney has consented to any of the adjournments for strategic reasons these days would be excluded from the speedy trial calculation.... View More

1 Answer | Asked in Criminal Law and Constitutional Law for New York on
Q: Is it illegal to carry a cane sword that isn't sharpen (still original with dull edges) in New York?

I wanted to use the cane with a suit without ever exposing the blade which isn't sharpened

Stuart Austin
Stuart Austin
answered on Apr 21, 2022

Yes. It is still illegal. The statute definition does not differentiate whether the blade is dull or sharp. You could remove the blade and just use the cane part.

1 Answer | Asked in Criminal Law for New York on
Q: Today an oil delivery person come into our yard, and proceeded to pee, I saw his private, and I feel sick, can I sue?
Stuart Austin
Stuart Austin
answered on Mar 31, 2022

You can sue anyone for anything--almost. The real question is can you win and collect damages. In your case I don't believe so.

1 Answer | Asked in Criminal Law for New York on
Q: In NYS, if I did a year on a misdemeanor charge, isn’t it illegal that i still have to complete 3 years of probation?

If a misdemeanor (A or B) is punishable by up to a year of jail or 3 years of probation, how’s its possible to do both

Stuart Austin
Stuart Austin
answered on Mar 30, 2022

An A misdemeanor has a maximum sentence of 1 year. A B misdemeanor has a maximum sentence of 90 days. An A misdemeanor maximum term of probation is 3 years. If you have already served the equivalent of 1 year in jail and were subsequently sentenced to 3 years probation, this is technically not... View More

1 Answer | Asked in Traffic Tickets for New York on
Q: Hello, i am 17 with a learners permit. The other day i got a ticket for DISOB TRAFFIC DEVICE with 2 points.

Will this affect me getting a license, i have a road test next month, and i don’t want this to affect me in any way. Also, is there any way my parents will find out ?

Stuart Austin
Stuart Austin
answered on Feb 1, 2022

Any moving violation (defined broadly) while on probation or within the first 6 months of your license will result in a suspension of your license. You need to plea bargain the ticket or have it dismissed on motion.

Good Luck

1 Answer | Asked in Criminal Law for New York on
Q: my public defender ignored my request for speedy trial twice. Is this grounds for motion to dismiss?
Stuart Austin
Stuart Austin
answered on Jan 6, 2022

No. There are certain decisions that an attorney can make for his client. One of them relates to consenting to time to prepare for trial. This is not grounds for a motion to dismiss. It may be a reason to seek alternative counsel however. You should be able to make your request to the judge.

2 Answers | Asked in Criminal Law for New York on
Q: Hello my 18 year old son and his friends were walking around kings park abandoned buildings and got a ticket trespassing

What is the fine

Stuart Austin
Stuart Austin
answered on Nov 16, 2021

The fine is not as important as the fact that the charge is either a misdemeanor (a crime) or a violation. Both of which can affect things like financial aid, immigration status or even a job application or interview. The level of crime or violation will depend on whether the trespass occurred in... View More

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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... View 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... View 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... View 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... View 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... View 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.... View 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... View More

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