Questions Answered by Andrew M. Stengel

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,

2 Answers | Asked in Criminal Law for New York on
Answered on Jul 15, 2017
Andrew M. Stengel's answer
It is difficult to withdraw a plea unless there is a valid reason. Speak directly to a defense attorney about the issue.

Q: What should i do?

1 Answer | Asked in Criminal Law for New York on
Answered on Jul 5, 2017
Andrew M. Stengel's answer
Possibly. You didn't write what the charge is. In any event, you should speak to a criminal defense lawyer.

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

2 Answers | Asked in DUI / DWI for New York on
Answered on Jun 20, 2017
Andrew M. Stengel's answer
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.

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

2 Answers | Asked in Criminal Law for New York on
Answered on Jun 19, 2017
Andrew M. Stengel's answer
There is no standard plea bargain with endangering or any other crime. Every case is different.

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

1 Answer | Asked in Criminal Law for New York on
Answered on Apr 11, 2017
Andrew M. Stengel's answer
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.

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

1 Answer | Asked in DUI / DWI for New York on
Answered on Apr 5, 2017
Andrew M. Stengel's answer
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.

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

1 Answer | Asked in Criminal Law for New York on
Answered on Apr 5, 2017
Andrew M. Stengel's answer
The strength of the case depends on many factors like the number of witnesses, if there was an identification and if property was recovered.

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

2 Answers | Asked in Criminal Law, Family Law and Civil Rights for New York on
Answered on Apr 6, 2017
Andrew M. Stengel's answer
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.

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

3 Answers | Asked in Criminal Law and Immigration Law for New York on
Answered on Mar 27, 2017
Andrew M. Stengel's answer
Yes, you should go to the nearest police station to file a Domestic Incident Report.

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.

2 Answers | Asked in DUI / DWI for New York on
Answered on Mar 25, 2017
Andrew M. Stengel's answer
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.

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

2 Answers | Asked in Criminal Law for New York on
Answered on Mar 17, 2017
Andrew M. Stengel's answer
New York is a one-party consent state. Here is a helpful guide: http://www.dmlp.org/legal-guide/new-york-recording-law.

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

1 Answer | Asked in Criminal Law for New York on
Answered on Mar 17, 2017
Andrew M. Stengel's answer
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.

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

2 Answers | Asked in Criminal Law for New York on
Answered on Mar 7, 2017
Andrew M. Stengel's answer
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.

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

1 Answer | Asked in DUI / DWI for New York on
Answered on Mar 4, 2017
Andrew M. Stengel's answer
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.

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

2 Answers | Asked in Criminal Law for New York on
Answered on Mar 1, 2017
Andrew M. Stengel's answer
Several crimes. I advise you to speak to an attorney immediately and do not disclose any additional facts or reference your name.

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.

2 Answers | Asked in Criminal Law, Contracts and Legal Malpractice for New York on
Answered on Feb 28, 2017
Andrew M. Stengel's answer
That sounds awful. You should be able to find a reputable lawyer here.

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

2 Answers | Asked in Criminal Law for New York on
Answered on Feb 28, 2017
Andrew M. Stengel's answer
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.

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

1 Answer | Asked in Criminal Law, Civil Rights and Libel & Slander for New York on
Answered on Feb 9, 2017
Andrew M. Stengel's answer
Why aren't you also under investigation for the assisnatation of JFK? Homicide detectives aren't limited to the confines of a given precinct.

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

1 Answer | Asked in Criminal Law, Federal Crimes and Immigration Law for New York on
Answered on Feb 8, 2017
Andrew M. Stengel's answer
Do you have a legal questions? Sounds more like you want to hear yourself write/talk.

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

1 Answer | Asked in Criminal Law for New York on
Answered on Feb 8, 2017
Andrew M. Stengel's answer
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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