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Questions Answered by Samuel C. Breslin

2 Answers | Asked in Criminal Law and Sexual Harassment for New York on

Q: What steps to take if someone secretly recorded you doing sexual favorites without your consent

Samuel C. Breslin answered on May 1, 2019

Depending on the circumstances, this could be a complicated issue. If they are trying to use the recordings to blackmail you, extort you, or threaten you, it could be a few different crimes (although the legislature passed the revenge porn law, I do not believe it’s been signed into law). If you... Read more »

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2 Answers | Asked in Criminal Law for New York on

Q: if police come to my house with a warrant and take money can they arrest me ?

a robbery happened and they think I have something to do with it but the day it happened I was at home with my roommate and girlfriend and they already told investigators this

Samuel C. Breslin answered on Apr 26, 2019

You skipped your appointment

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3 Answers | Asked in DUI / DWI and Traffic Tickets for New York on

Q: I am facing a dwi in ny. Montgomery county. I was in the process of moving to georgia. Will i be extradited back to ny

Samuel C. Breslin answered on Oct 14, 2018

You likely will not be extradited, however there will be a warrant issued, and if you’re stopped by police in any other state you could be arrested and held. If you don’t resolve the DWI, it is going to follow you around and create more problems than it’s worth. I recommend handling it sooner... Read more »

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2 Answers | Asked in DUI / DWI for New York on

Q: Dui in NY state . already plead guilty .Is there anything we can do to lessen the charge to prevent a criminal records

Samuel C. Breslin answered on Aug 15, 2018

Unfortunately once you plead guilty there are few avenues to withdraw the plea. You should speak to your attorney about the specifics of your case.

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3 Answers | Asked in Criminal Law and Libel & Slander for New York on

Q: Former NY Knicks power forward has been charged with a felony. What impact could that have on his lawsuit?

Samuel C. Breslin answered on Aug 3, 2018

Possibly - this depends a lot on the type of lawsuit, as well as the ultimate disposition of the criminal case. If he’s acquitted, it will have little impact on a civil case. Feel free to reach out directly if you have further questions. Thanks!

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2 Answers | Asked in DUI / DWI for New York on

Q: If you challenge a DUI will the arresting officer testify in your case?

Samuel C. Breslin answered on Jul 27, 2018

If your case goes to hearings or trial the arresting officer will almost certainly testify. I hope this helps. Good luck

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1 Answer | Asked in DUI / DWI for New York on

Q: I had a dui in around 2000 and i have never had license,i finally payed my fines and got my license in 2017,will that

Dui show up on my drivers record?

Samuel C. Breslin answered on Jan 24, 2018

Short answer: Yes.

All DWI's will show up on a record, but there is a difference between the record you can pick up for a few bucks at the DMV or online, versus a "lifetime record" that DMV, and even many police departments, will look at.

1 Answer | Asked in Criminal Law for New York on

Q: Is it ilegal to carry a pocket knife in new York state

Like a fixed blade knife (blade 4in)

Samuel C. Breslin answered on Jan 24, 2018

New York knife laws are very complicated. Some knives are absolutely illegal (including gravity knives, switchblade knives, pilum ballistic knives, metal knuckle knives, and cane swords). Other knives, like what you are describing, are more likely covered by Penal Law 260.15(4) which states that... Read more »

1 Answer | Asked in Criminal Law for New York on

Q: My friend is charged with 220.16FB 3rd, bail$150000, can his lawyer request to lower the bail?

Samuel C. Breslin answered on Jan 24, 2018

Absolutely. The only issue would be if the lawyer and prosecutor agreed on the bail amount to recommend, but even then the defense lawyer should be able to make an application to the court to lower it based on the factors set out in CPL 510.30.

1 Answer | Asked in Criminal Law, Immigration Law and Federal Crimes for New York on

Q: Why aren't fed agents prosecuted for violation of nys penal law sect.190.26 when they weare clothes saying POLICE

Samuel C. Breslin answered on Jan 24, 2018

Under the statute, police officers AND federal law enforcement officers are permitted to identify themselves as such. Only people who PRETEND to be police or federal law enforcement officers are violating the statute. Even for regular citizens (i.e. non police/feds) simply wearing a shirt that says... Read more »

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