Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Stephen John Riebling
1 Answer | Asked in Criminal Law for New York on
Q: Are there defenses for the NYC emergency curfew if arrested?

I ask because let’s say you’re arrested for not being home at 8 when you’re supposed to because you were coming home but do to traffic for example, it’s past 8? Is it a defense or it’s strict liability? What about someone dragging you outside your home to beat you up in a park?

Stephen John Riebling
Stephen John Riebling answered on Jun 15, 2020

Yes there are defenses available to individuals arrested under the curfew. As with any case, the defense would depend on the specific circumstances of your case and arrest. The New York DAs have already indicated an unwillingness to prosecute certain types of cases. However, you should consult with... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for New York on
Q: Was my fith amendment right violated? If i was tried and convicted of a felonies not included in the indictment?

So i was indicted with two felony counts to misdemeanor counts but was tried and convicted of three counts of each?

Stephen John Riebling
Stephen John Riebling answered on Jun 15, 2020

Unfortunately, it is difficult to answer your complex questions without more information about your case, the trial and the indictment. If your rights were in fact violated, that could be an issue for appeal. Again, a more thorough review of your case would be necessary.

2 Answers | Asked in Child Custody, Criminal Law and Family Law for New York on
Q: Can I Sue My Childs Mother If I Was Arrested And Injured For Her Frivolous Statement?

Case was dismissed But it left me in a lot of misery until this day

Stephen John Riebling
Stephen John Riebling answered on Jun 15, 2020

The short answer is "No." It would be extremely difficult to prove that your child's mother was liable under a recognizable cause of action (lawsuit) and that you sustained damages recoverable under the law.

View More Answers

3 Answers | Asked in Criminal Law for New York on
Q: I was charged with riot 2nd and assault 2nd. I was arrested with no Miranda rights read to me

I was affected by tear gas and rubber bullets and forced to stay in the precinct after they told me they messed up on my paper work. didn’t see a judge For about 12 hrs

Stephen John Riebling
Stephen John Riebling answered on Jun 15, 2020

You are charged with very serious felony crimes and need to represented by an experienced criminal defense attorney. That said, the fact that you were not read your Miranda rights will not invalidate your arrest. Miranda rights are necessary if the police question/interrogate you while you are in... Read more »

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.