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Questions Answered by Arkady Bukh

1 Answer | Asked in Criminal Law for New York on

Q: If a prisoner already has a public defender that's not defending him, can a family member outside get him a pro bono law

can some family member help him by getting him a pro bono lawyer to take his case?

Arkady Bukh answered on Apr 10, 2015

A defendant has a right to have the attorney he chooses to represent him. If he wants the public defender to withdraw and hire or use a private attorney he is free to do so with the judge's permission, which is usually granted.

1 Answer | Asked in Criminal Law for New York on

Q: I live on long island the legal smoking age is 21 my friend is 18 is it illegal for him to posses a tobbaco product.

Arkady Bukh answered on Apr 10, 2015

Basically a law like this is enacted to stop the sale of tobacco products to minors. It would be illegal for him to buy tobacco products in a store or conversely for a store to sell them to him. They would both be in trouble.

1 Answer | Asked in Criminal Law for New York on

Q: Do I have to give cops my prints for arrest warrant after I already finished my jail time?

I had AW that was voided cause I plead guilty to A misdemeanor. Judge sent me to jail and I did my time. The cops that originally had my warrant never took my prints. Now, 6 months later they want my prints even after warrant is voided n I did my time. This is NY.

Arkady Bukh answered on Apr 10, 2015

It would seem likely that you might have been fingerprinted in prison. If that didn't occur the police do need a copy of your fingerprints on file. You should discuss this with the attorney that represented you, especially as to why you were not fingerprinted at arrest. The state requires... Read more »

1 Answer | Asked in Criminal Law for New York on

Q: my boyfriend is 17 and is on probation is it okay for him to move in with me while on probation. I'm 18.

Arkady Bukh answered on Apr 10, 2015

Actually this is a question that he needs to discuss with his probation officer. There is no basic reason why not but it all depends on the terms of his probation and what his crime was.

1 Answer | Asked in Criminal Law for New York on

Q: How much time do you face in jail when you hit a women

Arkady Bukh answered on Mar 11, 2015

You question does not have enough facts for an exact answer. The level of assault that you are charged with makes the difference in the penalty you might receive. Another thing taken into consideration would be any past criminal offenses you have on your record. Naturally, it is better not to... Read more »

1 Answer | Asked in Criminal Law for New York on

Q: Does an open container violation for alcohol in NYC (section 10-125-2B) need to be disclosed as a crime/offense?

I am applying for license renewal and the question being posed on the application is: Since your last renewal have you been arrested, charged or convicted of any crime or offense that you have not already reported to your board/committee? (Minor traffic offenses, such as speeding or parking need... Read more »

Arkady Bukh answered on Mar 11, 2015

This would enter into a gray area, it is a misdemeanor not a crime. However if you were driving a motor vehicle at the time, it looks like they want you to disclose it.

1 Answer | Asked in Criminal Law for New York on

Q: Is it illegal for a 18 year old to get a 21 year old girl pregneant ?

Arkady Bukh answered on Mar 11, 2015

The age of consent in New York is 17. Therefore the answer to your question would be no, this not illegal in New York.

1 Answer | Asked in Criminal Law for New York on

Q: I was caught by shoplifting. What should i do?

I was caught by shoplifting. And i feel really guilty about it.

When i got caught, the security handcuffed me and took me to the back of the shop and made me sign 'civil demand notice' which says that i admit that i did a wrong thing, and i signed a paper that i agree to not shop at... Read more »

Arkady Bukh answered on Feb 11, 2015

The usual answer to this question is to ignore the claim letter because the amount is so small that it is unlikley that Bloomingdale's will take it to court and will stop bothering you. However, they do have a claim for that amount and you could pay it if you can afford to do so.

1 Answer | Asked in Criminal Law for New York on

Q: How do I find out if someone was sentenced

Arkady Bukh answered on Feb 11, 2015

You could contact the clerk of the court in which the trial was held or the charges were brought and they might have this information.

1 Answer | Asked in Criminal Law for New York on

Q: Can a parolee get violated for being involved in a domestic violence call?

Arkady Bukh answered on Feb 11, 2015

The parolee could be violated if they comminted assault or some other crime during the incident. They also could be violated if they were associating with known felons or in some other way viloating their parole conditions.

1 Answer | Asked in Criminal Law for New York on

Q: I got stopped for vehicle vin forgery with my cousin, and the car was his, I have a clean record, what will happen?

And when we got to the precinct they found a bag (less than one gram) of paraphernalia.

Arkady Bukh answered on Feb 11, 2015

If you were just a passenger in the car and the car was registered to your cousin, then your cousin would be the one that the police would question about the vin number. You would have nothing to do with it unless you sold him the car.

1 Answer | Asked in Criminal Law for New York on

Q: Do the words, "you're being investigated and it's your interest to obtain a lawyer", constitute "legal advice"?

Rather than say the above to my WW2-veteran, family member who'd actually been under an investigation, an administrator at the VA rather chose to inform him of the procedure by stating, "you're being investigated and for it to be legal it must be by a next of kin" (implicating me/all innocent... Read more »

Arkady Bukh answered on Feb 11, 2015

This is not technically legal advice, this appears to be a statement regarding the VA policy about investigated. This was undoubtedly confusing to your relative and the VA procedures can be confusing to anyone. If anyone tries to investigate your relative for a crime, he needs to retain a... Read more »

1 Answer | Asked in Criminal Law for New York on

Q: I've been charged with assault 3rd degree misdemeanor. what's my out look.

This happened with my wife she never called police, this the first time in our 21years of marriage after I caught her being unfaithful.

Arkady Bukh answered on Nov 30, 2014

Some of this would depend on your prior record if any and the circumstances. There could be some jail time.

1 Answer | Asked in Criminal Law for New York on

Q: I did 3 weeks outta my 16 weeks DWI classes but I have to go back to court what proof can I show the court I started

Arkady Bukh answered on Nov 30, 2014

You might ask for a written letter to the extent that you have done some part of these classes. It might make a difference, but the more you complete the better it will go for you.

1 Answer | Asked in Criminal Law for New York on

Q: Myboyfreind was release from jail and was approve for my address can they say he cant stayafter they approve my addrsss

He was release 9-26 they approve my address back in july now that hes home they said he cant stay because of a old dv case which is not what he was in jail for. He can live with his mom in Queens with all past of his crime there, which I live inManhattan can they do that

Arkady Bukh answered on Nov 30, 2014

This would all depend on the precise reason for the decision. Domestic violence cases are taken very seriously and this might need to be cleared up, discuss with an attorney.

1 Answer | Asked in Criminal Law for New York on

Q: is petty theath a crime

Arkady Bukh answered on Nov 30, 2014

Petty thefft is at the very least a misdemeanor. Depending on the amount stolen, it could be charged as a felony.

1 Answer | Asked in Criminal Law for New York on

Q: Is arson in the 5th worse than petty larceny accused of light ing a newspaper on fire

got you n trouble this summer I am a combat war veteran Isn't I like to drink I got.aggravated dwi but a few months later I walk ed home with a friend we allegedly lit a newspaper on fire charged with petty larceny offered a plea deal of dwai and petty larceny 3 years probation just wondering if... Read more »

Arkady Bukh answered on Nov 30, 2014

I think that if would all depend on the facts of the case and what your attorney says. This is rather difficult to answer just to say that you should consider everything very carefully before you take any plea at all.

1 Answer | Asked in Criminal Law for New York on

Q: if convicted of 3rd degree burglary,can you ever own a gun for hunting

Arkady Bukh answered on Nov 30, 2014

I think that might depend on which state that you would want to own a gun in. New York has tough laws concerning gun ownership.

1 Answer | Asked in Criminal Law for New York on

Q: I've been accused of a crime and ordered by the court not to contact the "victim" and a witness.

I've been accused of a crime and ordered by the court not to contact the "victim" and a witness or to influence them through some other way....now a relative (brother) contacted me, (phoned me). What are my rights? Am I allowed to engage in conversation with him when he contacts me? How does this... Read more »

Arkady Bukh answered on Nov 30, 2014

No should have no contact with someone that the court has ordered you not to. This would even be the case if they contact you. Do not engage in any conversation with them at all.

1 Answer | Asked in Criminal Law for New York on

Q: Does the statue of limitations apply if you have been charged with a crime?

A friend was charged with possession of a forged instrument in the second in

2010 and never made his court date.

Arkady Bukh answered on Nov 30, 2014

If he has been charged the statute of limitations is considered tolled and he probably has a warrant out for his arrest.

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