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Questions Answered by Andrew M. Stengel

2 Answers | Asked in Criminal Law for New York on

Q: My boyfriend got caught manufacturing meth and got an A2 felony. We hired my boss and my boss later had it out for me,

For a diff reason..anyway he didn't work on my bf case in fact missed a meeting with the judge. His original plea was 8 yrs and he ended up getting 6 with 6 post but hasn't been sentenced yet. We would have been better off staying with the public defender. He didn't get not one charge dropped or... Read more »

Andrew M. Stengel answered on Jul 15, 2017

It is difficult to withdraw a plea unless there is a valid reason. Speak directly to a defense attorney about the issue.

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1 Answer | Asked in Criminal Law for New York on

Q: What should i do?

So i was walking through central park when i was walking through central park and was stopped by police and given a disobeying a park sign for smoking and they didn't catch what i was smoking plus they wrote down the wrong address, regardless im going to plea not guilty, does this case seem in my... Read more »

Andrew M. Stengel answered on Jul 5, 2017

Possibly. You didn't write what the charge is. In any event, you should speak to a criminal defense lawyer.

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

Q: I have had a DWAI misdemeanor conviction, a DWI conviction, and am facing a second DWI conviction within 25 years.

I have had a few speeding tickets and one failure to stop ticket but no other serious violations. Will I be eligible to have my license reinstated?

Andrew M. Stengel answered on Jun 20, 2017

DWAI is a traffic infraction and not a misdemeanor. More facts are needed to answer your question, like the time between the criminal DWI conviction and the new DWI-related charges.

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2 Answers | Asked in Criminal Law for New York on

Q: What is endangering the welfare of a child usually plead down to?

Andrew M. Stengel answered on Jun 19, 2017

There is no standard plea bargain with endangering or any other crime. Every case is different.

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1 Answer | Asked in Criminal Law for New York on

Q: So I was charged with a 319 and a 511 01 A

I went to court today with my clean driver's abstract and proof of insurance and I was offer a plea deal of I think a 511 and a fine of $200 with a $93 surcharge. I plead guilty because I thought the DA said 501 but when I got home I started to question what I had just plead to. If it was in fact a... Read more »

Andrew M. Stengel answered on Apr 11, 2017

VTL 511 is a misdemeanor, so, yes, it is a crime. Were you not advised by an attorney? In any event, a court reporter should have the transcript.

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

Q: Are DUIs from drugs like marijuana treated differently than alcohol-related offenses?

Andrew M. Stengel answered on Apr 5, 2017

The short answer is sort of. The punishment is similar but the evidence for alcohol and drugs is quite different. Generally speaking, it is easier to prove DWI, especially with a chemical test result, than DWAI by Drugs.

1 Answer | Asked in Criminal Law for New York on

Q: If some one made an complaint saying they was robbed how strong is that case ?

Andrew M. Stengel answered on Apr 5, 2017

The strength of the case depends on many factors like the number of witnesses, if there was an identification and if property was recovered.

2 Answers | Asked in Criminal Law, Family Law and Civil Rights for New York on

Q: If a girl is 14 and the guy is 20 and having a baby the mom knew about it all what can happen to him

Andrew M. Stengel answered on Apr 6, 2017

You potentially described Rape in the Second Degree (sex with a minor who is younger than 15 and a person who is at least 18 and at least 4 years older), which is a serious felony with a mandatory minimum prison sentence.

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3 Answers | Asked in Criminal Law and Immigration Law for New York on

Q: My kids father gave me a black eye about three weeks ago I took pictures can I still file a dv report?

Andrew M. Stengel answered on Mar 27, 2017

Yes, you should go to the nearest police station to file a Domestic Incident Report.

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

Q: What am I looking at if I get a notice that I failed to appear in court - I was pulled over for a DUI.

Andrew M. Stengel answered on Mar 25, 2017

If you did not appear at a scheduled court date then a bench warrant was likely issued for your arrest. If you come into contact with police you will be arrested and brought to court. You could voluntarily appear with an attorney to clear the warrant.

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2 Answers | Asked in Criminal Law for New York on

Q: I went under iv sedation and had my phone recording audio only the whole operation. Was this legal?only i knew. In NY.

I just need to know if it was legal for me to audio record on my phone in my pocket without the dentist knowing while I was put under iv sedation and they did the procedure. After listening to the recordingI found them discussing things about me that were extremely innapropriate. Was it legal for... Read more »

Andrew M. Stengel answered on Mar 17, 2017

New York is a one-party consent state. Here is a helpful guide: http://www.dmlp.org/legal-guide/new-york-recording-law.

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1 Answer | Asked in Criminal Law for New York on

Q: Is it good ethical behavior for a District Attorney to call a criminal case with out your payed Attorney being Present

Andrew M. Stengel answered on Mar 17, 2017

The court calls the cases. It depends on the reason for the attorney's absence. If the attorney is engaged then, the court simply offers a new date.

2 Answers | Asked in Criminal Law for New York on

Q: my 16yo son stole my car and I pressed charges and he was arrested. damage was done to my property and a field

my 16yo son stole my car and I pressed charges and he was arrested. damage was done to my property and a field where he got the vehicle stuck. went to court and was told I had to get him a lawyer. it just seems that its a conflict of interest because I am his mother however I am the one pressing... Read more »

Andrew M. Stengel answered on Mar 7, 2017

It's does not appear to be a conflict even if you pay. The duty is owed to re client, not to the person who pays for the attorney.

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

Q: Are there any scenarios where I can refuse a breathalyzer test if a policeman has pulled me over, believing that I was

driving under the influence?

Andrew M. Stengel answered on Mar 4, 2017

Of course you can refuse. But there are consequences like a one-year license revocation and the refusal can be used at trial as consciousness of guilty. Whether or not to refuse is a complicated question that depends on the specific facts of each case.

2 Answers | Asked in Criminal Law for New York on

Q: I'm 20 and I got a 16 year old pregnant and she is gonna be 17 in 2 days I live in upstate New York

What could i be charged with or if I can even get charged at all

Andrew M. Stengel answered on Mar 1, 2017

Several crimes. I advise you to speak to an attorney immediately and do not disclose any additional facts or reference your name.

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2 Answers | Asked in Criminal Law, Contracts and Legal Malpractice for New York on

Q: I live in Buffalo NY I need to know where would I go to get from? A lawyer took my money and no work was done.

I called and texted him several times no response. So I disputed the item. The lawyer told my credit card company he represented me. I don't know when I never we to court. Please send me in the right direction. Thanks

Andrew M. Stengel answered on Feb 28, 2017

That sounds awful. You should be able to find a reputable lawyer here.

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2 Answers | Asked in Criminal Law for New York on

Q: I accepted a plea deal for my charges( all misdemeanors) I had a legal aid.. can I appeal or with a better lawyer?

I'm innocent too, but my lawyer said if I don't accept the plea deal, I'm gonna go to trial and lose. He didn't fight for me at all and it's gonna affect me the rest of my life.

Andrew M. Stengel answered on Feb 28, 2017

Yes, but you pleaded guilty you likely answered several questions that would make an appeal on that basis highly unlikely. If a lawyer advised recommended that you take a plea it was probably for the reason that you wrote: you were likely to be found guilty at trial.

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1 Answer | Asked in Criminal Law, Civil Rights and Libel & Slander for New York on

Q: Can a uniformed NYPD Patrol Officer conduct an "ongoing" criminal investigation into a person's conduct?

A uniformed NYPD Patrol Officer has had me under criminal investigation since 2006. He is in the 114 Precinct. (According to the Patrol Officers Guide, his jurisdiction is limited to the 114 Precinct.) He has had me under investigation for murder. He has had me under investigation for the... Read more »

Andrew M. Stengel answered on Feb 9, 2017

Why aren't you also under investigation for the assisnatation of JFK? Homicide detectives aren't limited to the confines of a given precinct.

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

Q: Why are a lot of illegal immigrant criminals still here after doing their time? Especially felons!

I asked if a friend I knew will get deported after doing time for 2 yrs money laundering (drug related) and i get "are you kidding me" from an attorney, as if America is not already harboring illegal immigrants who are felons who did NOT get deported! If they were deported, why do they get to come... Read more »

Andrew M. Stengel answered on Feb 8, 2017

Do you have a legal questions? Sounds more like you want to hear yourself write/talk.

1 Answer | Asked in Criminal Law for New York on

Q: first time offense for my son he is 18 the detective called him today at 1police plaza he was charged with grand larceny

the amount is between $5 & $7 thousand. what can happen today can they lock him up or can we make some payment arrangements or put up something for collateral

Andrew M. Stengel answered on Feb 8, 2017

You should talk to a defense attorney immediately. Sounds like your son will be charged with Grand Larceny, a felony. In some cases it is possible to avoid jail and a permanent criminal record. But that depends on a number of factors.

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