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Questions Answered by Andrew M. Stengel
5 Answers | Asked in Criminal Law, Employment Law and Immigration Law for New York on
Q: she was caught using a fake work permit, she is now released and court date is this February. What happens next?
Andrew M. Stengel
Andrew M. Stengel answered on Jan 31, 2017

It sounds like "she" is charged with possessing a forged instrument, which is a crime. Speak to an experienced defense attorney.

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1 Answer | Asked in Criminal Law for New York on
Q: Can Law enforcement target a specific age/race when placing ad's on websites/newspapers. Seems like profiling?

For example, I know they place ad's for "Prostitution". It there ad can they say "No White Men" or "No one under 40". Wouldn't that be selective prosecution? Can they target a specific demographic?

Andrew M. Stengel
Andrew M. Stengel answered on Jan 30, 2017

Seems odd, but that's not selective prosecution. Police aren't prosecutors but they do make arrests.

1 Answer | Asked in Criminal Law for New York on
Q: 1. As a juvenile, if live in one state, but commit a crime in another state where do I do the time?
Andrew M. Stengel
Andrew M. Stengel answered on Jan 30, 2017

If you are charged with a crime in New York, the court will be located in the county where the alleged acts took place. Just because you are charged with a crime does not mean a jail sentence will result.

1 Answer | Asked in Criminal Law for New York on
Q: my son was supposed to be released from prison Jan. 19, 2017. still in jail as of today jan 30.

he had court in nov 2016 and attorney told him, and personally called me, and told us my son would spend two more months in a facility, out jan 19 with one year parole. as of today my son is still in jail. he had timed served and charges ran concurrent. the facility he is at says his outdate is... Read more »

Andrew M. Stengel
Andrew M. Stengel answered on Jan 30, 2017

The person who is in the best position to answer any question about your son's case is his current attorney.

1 Answer | Asked in Criminal Law, Federal Crimes, White Collar Crime and Civil Rights for New York on
Q: Can you be tried in a criminal case D felony without a lawyer?

18 months going to court, 25 + appearances, 5 appointed attorneys, most requested release for various reasons, all releases granted by judge, days before trial started. Was informed I would be representing myself on the day trial started upon arrival to court house. Is this typical? I made the... Read more »

Andrew M. Stengel
Andrew M. Stengel answered on Jan 29, 2017

You do have a right to an attorney at trial. But it seems like you've had many attorneys. At some point a judge may believe that a person is changing attorneys to delay a case. But ordering a person to trial without an attorney seems extreme.

1 Answer | Asked in Criminal Law and Juvenile Law for New York on
Q: My 15 yr old daughter was just charged with feloney robbery? We had plans to move out of state next month could we still
Andrew M. Stengel
Andrew M. Stengel answered on Jan 26, 2017

Possibly. The person to ask is her attorney. It would depend on her release status and/or conditions.

1 Answer | Asked in Criminal Law, Civil Rights and Gov & Administrative Law for New York on
Q: Can a sheriffs investagater into some ones garage without permission or a warrant for questioning a person for a crime

Should that diss miss a criminal case?

Andrew M. Stengel
Andrew M. Stengel answered on Jan 25, 2017

Unless law enforcement has a warrant or there is some exception to the warrant requirement, the search is probably barred. If the search was unconstitutional, then it is possible that evidence that was recovered as a result may be supressed as the fruit of the poisonous tree.

1 Answer | Asked in Criminal Law for New York on
Q: due process ?

Why is it important for both police & the court system to follow appropriate legal due process ?

Andrew M. Stengel
Andrew M. Stengel answered on Jan 23, 2017

Because arrestees and defendants have protections under the federal and state constitutions. Violating those rights can lead to the suppression of evidence.

1 Answer | Asked in DUI / DWI for New York on
Q: If my DWI charge becomes a violation instead of conviction does it show up on my license. Btw court doesn't have my BAC

I was arrested in may for a DWI. I know what my BAC was bc I think I was told by the cop. This is my fourt court appearance and the DA still doesn't have my BAC results. They weren't submitted or they are having a hard time locating them. What might end up happening is I'll get a... Read more »

Andrew M. Stengel
Andrew M. Stengel answered on Jan 21, 2017

Unless blood was taken, the prosecution should know your BAC by now. If you submitted to a breathalyzer it would have known immediately. Driving While Ability Impaired (DWAI) is a traffic infraction, and although it is not considered a criminal conviction it is a not a violation. The DWAI is... Read more »

2 Answers | Asked in Criminal Law for New York on
Q: Can the police make a warrant for my arrest if they do not know my real name or date of birth
Andrew M. Stengel
Andrew M. Stengel answered on Jan 19, 2017

Yes, if they have other identifying information of and/or about you.

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2 Answers | Asked in Criminal Law for New York on
Q: I just got charged for something i didnt do but i was there would there be any chance to get out of it?

I just got out of a case like 2 weeks ago and i hope it dont mess that up cause of this new case i have to do 5p hours community services please help

Andrew M. Stengel
Andrew M. Stengel answered on Jan 19, 2017

No lawyer can answer your question. Far more facts are needed. Consider speaking directly with a NEW YORK-BASED criminal defense attorney.

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2 Answers | Asked in Criminal Law for New York on
Q: Would i be able to get out of this charge i didnt do anything.

I just got out of a court case and now have to do 50 hours community services will that mess up that case will they give me jail time

Andrew M. Stengel
Andrew M. Stengel answered on Jan 19, 2017

You question is unclear. Are you talking about two different criminal cases or one? If it's just one, if you don't do the community service a judge could sentence you to the maximum penalty the crime allows.

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3 Answers | Asked in Car Accidents and Criminal Law for New York on
Q: is operating a vehicle at twice the posted speed limit, criminality negligent homicide
Andrew M. Stengel
Andrew M. Stengel answered on Jan 17, 2017

What you described is speeding and possibly reckless endangerment if the speed limit was already high. You didn't describe any loss of life.

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1 Answer | Asked in Criminal Law, Education Law and Employment Law for New York on
Q: can a school official prevent someone from being on school property if they have no criminal record or restraining order

A school aided admitted to something and was fired for it. That person is no longer allowed to be on school property and is being prevented from taking a job at a different location in the school system. There is no legal action taken against the person.

Andrew M. Stengel
Andrew M. Stengel answered on Jan 13, 2017

The answer to your question is: possibly. It depends on what the accusation was. But decisions by government employees may be subject to review.

1 Answer | Asked in DUI / DWI for New York on
Q: How long does a DUI case take?
Andrew M. Stengel
Andrew M. Stengel answered on Jan 12, 2017

There is no set time limit. Every case is different. It takes about three months for a case to reach a trial posture. Once a case is on for hearing and/or trial, it could take a year or longer for a trial to commence.

2 Answers | Asked in DUI / DWI for New York on
Q: I got a DWI over the holidays. Will I be able to drive to and from work? I am worried about my job.
Andrew M. Stengel
Andrew M. Stengel answered on Jan 9, 2017

If you refused a breathalyzer then your license is suspended/revoked. If you submitted to a breathalyzer then it is possible that you may be able to drive to work through a conditional license or by hardship. The best person to ask is your current criminal defense attorney.

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1 Answer | Asked in Criminal Law for New York on
Q: Can nys inmate be denied parole for past federal conviction they served time for?

Serving time for intent to train dog for animal fighting. Previous federal conviction charge was sponsoring animal in a dog fight.

Andrew M. Stengel
Andrew M. Stengel answered on Jan 8, 2017

Yes, past criminal history is one of many of the factors that are considered in the guidelines.

1 Answer | Asked in Criminal Law for New York on
Q: Where can I obtain court rulings of Dismissal of Disorderly Conduct Charge under New York Penal Law 240.20?
Andrew M. Stengel
Andrew M. Stengel answered on Jan 6, 2017

Go to the clerk of the court and ask for a certificate of disposition. It costs $10.

2 Answers | Asked in Appeals / Appellate Law, Criminal Law and Traffic Tickets for New York on
Q: When can you ask for a conviction to be reversed and dismissed on appeal verses being reversed and remanded?
Andrew M. Stengel
Andrew M. Stengel answered on Dec 31, 2016

A person has 30 days from sentencing to file a notice of direct appeal. A CPL 440 motion can be brought any time, unless it is barred for some other reason, for Brady violations, ineffective assistance of counsel, newly discovered evidence, among others.

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1 Answer | Asked in Criminal Law, Domestic Violence and Family Law for New York on
Q: If my ex is on parole and i file a domestic violence on him what will happen?
Andrew M. Stengel
Andrew M. Stengel answered on Dec 28, 2016

If the report alleges criminal charges then he would likely be arrested on the new charges. It's also possible that his parole could be revoked.

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