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What steps can be taken and what motions can be filed to help him?
answered on Mar 29, 2021
If that is the case, and it can be proven or argued , it would go to surpressing any statements (keeping those statements out of evidence and not used against him) he made and be argued in legal docs called motions.
Depending on the case, one can still be convicted without their own... View More
I am currently an owner of a 2-family home in Brooklyn. I currently rent out the units, as well as rent to a tenant in the cellar. The cellar is not a legal unit. Having read some literature, I am aware that if a fire were to occur, I could be held criminally liable if the cellar tenant were to not... View More
answered on Dec 14, 2020
Hire an attorney as there may be multiple considerations civilly and criminally.
I don't want him to lose his career, but he has harmed me physically, emotionally, and financially throughout our relationship and I want it to stop and I am afraid of him. I believe that an order of protection would be enough to stop his abuse, but I also don't want him to lose his... View More
answered on Dec 4, 2020
If he's arrested and its a criminal full order of protection , the arrest and charges can get him potentially disbarred depending on the facts. A family law case rarely does. However, most would tell you if you are fearful of harm contact the police/911.
I have no criminal record, and I am a staff sergeant in the Air Force with a CCW permit from Minot, North Dakota. When I go home on military leave, I live near Buffalo NY.
answered on Nov 29, 2020
I dont see any explicit ban on stinger whips. Nor do i see a license permit to carry one. You may want to consult an attorney before carrying. But keep in mind a bat, certain kitchen knives or an ax may not be illegal but if used illegally... also does the opposite end the stinger have an electric... View More
He hasnt signed the title yet but hes in possession of title keys vehicle and his name is printed as buyer on title and has registration application and statement of transaction, sale or gift filled out in his name and he signed that and seller signed. Seller also signed title
answered on Nov 29, 2020
Under the law you have to have intent to steal or deprive another property.
It sounds like this defendant hasnt intended to deprive but the person who is the co owner believed it taken.
He should consult with attorney who can approach and explain to the prosecutor the scenario.... View More
I have a harassment and menacing charge against defendant. DA will not increase stay away to include stay away at least 500’. I need suggestions on what forms to file and where to locate this forms.
I only require form names to file motion to increase terms of stay away order.
answered on Nov 28, 2020
By law the distance is set.
Stay Away Provision: Ordering the defendantj to stay at least a certain number of yards or feet away from the victim, his or her home, job, school, and car. The stay-away distance can vary by state, judge or the lethality of the situation, but is often at least... View More
He tried to kill me fractured my Tibia Fibia. He was going for my head he damage my left elbow (as I cover up). He came in defense of his sister my wife. And began battering me with his bat. However, I was charge with domestic violence after I woke up from a coma. When I woke up I was told I was... View More
answered on Nov 19, 2020
Short answer is no.
Like many states, New York’s law sets time limits for a host of specific crimes. For crimes not specifically listed in the statute, a general statute of limitations applies based on the category of the crime. The general time limits are:
five years for felony... View More
answered on Nov 15, 2020
Not sure the question but the officer could suspect another substance as a reason for the charge.
DWAI May Be a Less Serious Charge, but It Is Still a Violation.
In New York State, DWAI or Driving While Ability is Impaired tends to carry less severe penalties than a DWI or an... View More
Use That info to get him out of trouble
answered on Nov 4, 2020
Proceed with caution and with a defense attorney bc if you were a witness to a crime and didnt come forward, they may think you were acting in concert or part of the crime.
Want to know if all who purchase a rifle legally can register or is there a criteria?
answered on Nov 3, 2020
Check to see if your rifle is an assault weapon but NY State registration is for all NY state. But check with local precinct. Id call and place the hypothetical for them to tell you anonymously.
Id recommend consulting a local or pro bono defense atty or private. Heres a sit that may be... View More
Federal probation Northern district Albany NY
answered on Nov 3, 2020
Consult weit your defense attorney. They can contact the officer and likely help iron out any issues if the law isn't being followed.
If you cant get in touch with them you can either hire a private attorney or contact a free service.
Legal Aid Society of Northeastern New... View More
My arrest took place in Brooklyn New York in 1995 everything was dismissed my case was sealed the department that I am applying to is aware that but for some reason they want the exact arrest record for that case
answered on Nov 3, 2020
There are several aspects to this.
In short, law enforcement can see nonpublic records and will for applicants. Other NYS employers cannot ask about arrests but for policy reasons law enforcement can.
Sealed Criminal Record Not Viewable by the Public
Once your record is... View More
Anything I can do legally to suspend jail sentence until satisfactorily completing probation or thrown out indefinitely.
answered on Nov 2, 2020
If the judge already issued the sentence and you pled guilty, rarely can you dismiss the sentence altogether. You may be able to request wkds etc but typically your sentence has already een issued and you cant request now to do it later or after 5 yrs probation or not at all.
Consult... View More
Financially it would be hard to fight a case if we can afford attorny fees and travel
answered on Oct 30, 2020
Typically the “venue”(location) is where the crime occurred and where the victim is. However some crimes like internet or identity theft can have multiple jurisdictions and can be federal.
But the defendant doesn't choose the location.
I'm my finances P.O.A. and her trial was the most corrupt thing I have seen. So many laws n rules were bended. Also know for a fact extortion was involved. Would need to see and speak with a lawyer for them to understand but im currently under investigation had 2 cop cars pull up to me one... View More
answered on Oct 29, 2020
Consult with a defense attorney as the facts dont appear clear here.
You can lower your jail time for good behavior.
answered on Oct 29, 2020
Contact a criminal defense attorney to do this for you and decide if its worth it for you.
https://www.nycbar.org/get-legal-help/article/criminal-law/how-to-seal-criminal-records/
I am looking into what my options are as far as pressing charges so more information would he helpful.
answered on Oct 29, 2020
You can consult with local precinct or the local district attorney. Or consult a local attorney. There are civil and criminal ramifications.
Early in 2019, New York passed new legislation extending the statute of limitations for sexual abuse claims in the state. Before this legislation,... View More
I met a man in romania in april 2019. we have met 3 times since in romania. He has little and I sometimes send him money. Recently a online transfer company small world stoped my transfer and said compliance stopped it. they wont tell me why. They did call and ask how i knew him and if we had... View More
answered on Oct 29, 2020
Compliance may suspect some top of fraud.
Mail fraud and wire fraud are federal crimes in the United States that involve mailing or electronically transmitting something associated with fraud. Jurisdiction is claimed by the federal government if the illegal activity crosses interstate or... View More
Gave the officer the wrong birthdate in Wall Township N J
answered on Oct 29, 2020
Depends on the degree.
2009 New Jersey Code
TITLE 2C - THE NEW JERSEY CODE OF CRIMINAL JUSTICE
2c:29
2C:29-3 - Hindering apprehension or prosecution
2C:29-3 Hindering apprehension or prosecution.
2C:29-3. Hindering Apprehension or Prosecution. a. A... View More
I found a website SeniorDefender.us A defender with some laser and special hand grip over a Ruger Mark 4 pistol is included. It's easy for seniors to use and I watched the videos. I would like to order one but I want to make sure it's legal in NY. The gun laws here are ridiculously strict.
answered on Oct 29, 2020
It does not appear so. And I wouldn't think so. Most firearms must be registered and you must be licensed but I would check with an local attorney or ask the website .
https://www.longislandfirearms.com/forum/topic/155751-ruger-2245-lite-ny-legallity-question/
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