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Questions Answered by Andrew M. Stengel
1 Answer | Asked in Criminal Law for New York on
Q: A kid has his mom kidnapped. He tracks down the guy and beats him up. But he's the one who gets charged. More info below

This takes place in New York State and I am looking into this for a friend. A minor, 16 years old, has his mom and his possessions taken. Instead of calling the police, he tracks down the guy himself. When he finds this guy, he beats the hell out of him. The kid is pretty strong, so he breaks some... Read more »

Andrew M. Stengel
Andrew M. Stengel
answered on Dec 27, 2016

What do you mean by charges with 3 to 6 months assault. One of the defenses to assault is known as justification. But that requires an immediate threat and the defense of yourself or a third person. If the assault took place and there was no threat the details help to put the arrest in context for... Read more »

1 Answer | Asked in DUI / DWI for New York on
Q: I recently discovered that my NYS DMV abstract reveals a dwi from 2002.

I recently discovered that my NYS DMV abstract reveals a dwi from 2002. That might explain why I have received "thanks but no thanks" from so many job applications over the past few years. I spoke with dmv today after printing my abstract and was told that they didn't know why it... Read more »

Andrew M. Stengel
Andrew M. Stengel
answered on Dec 24, 2016

Were you convicted of DWI in New York? If so, you have a permanent criminal record.

1 Answer | Asked in Criminal Law and Elder Law for New York on
Q: My sibling took all my mother (88 years old) money (more than $150,000) in bank, put her onto Medicaid.Is any remedy?

She has dementia.

Andrew M. Stengel
Andrew M. Stengel
answered on Dec 20, 2016

Of course there is a remedy. You have described what is known as elder abuse. Go to the local police precinct and file a report immediately. And contact this agency: http://ocfs.ny.gov/main/psa.

1 Answer | Asked in DUI / DWI for New York on
Q: I was pulled over for a dwi in NY -- I have a prior from New Jersey from three years ago

- does this make the current one a felony?

Andrew M. Stengel
Andrew M. Stengel
answered on Dec 20, 2016

Yes, it sounds like the DWI in New Jersey will be the basis for a felony DWI in New York. Speak to an experienced and agrrresive DWI attorney.

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Does hiring a lawyer to fight for an inmate on behalf of the Johnson Law in PA, help the imates process move any faster?
Andrew M. Stengel
Andrew M. Stengel
answered on Dec 14, 2016

You might want to check with lawyers who are licensed in Pennsylvania rather than in New York.

1 Answer | Asked in Criminal Law for New York on
Q: Can I help drop charges against my boyfriend for hitting me if I am not pressing the charges?

I called the police on my boyfriend for hitting me however we were both intoxicated, he would not have done it if he were sober. He has no prior criminal record or anything like this this is a first. He now has a court date and I do not want him facing jail time. Is there a way I can help him or... Read more »

Andrew M. Stengel
Andrew M. Stengel
answered on Dec 13, 2016

Once a criminal case begins it is up to an ADA to drop the charges. That rarely happens at the request of a civilian witness. However, an ADA should factor in your wishes when deciding on how to resolve a case. Speak to your boyfriend's attorney about your options.

1 Answer | Asked in Criminal Law for New York on
Q: Supervised ror ?

I recently got supervised ror and wondering how much jail time can they give me for that if I mess up

Andrew M. Stengel
Andrew M. Stengel
answered on Dec 13, 2016

Supervised ROR may be granted for any degree of crime. The possible jail sentence is determined by the charges, no the bail status. If you mess up supervised ROR then bail could be set in your case.

1 Answer | Asked in Criminal Law for New York on
Q: Is there a way to get my guilty plea in a sexual assault case reversed if I feel I was cohersed into It? Time was served

My lawyer told me that I could get 30 years if I didn't take the plea deal. I did my time already and moved to NY.

Andrew M. Stengel
Andrew M. Stengel
answered on Dec 12, 2016

Yes, it theoretically possible. But you are highly unlikely to be successful if there was a proper allocution by the judge where one of the questions was: Is anybody forcing you to plead guilty?

1 Answer | Asked in Criminal Law for New York on
Q: I was caught stealing yesterday. Me and my friend were arrested and taken to the station for fingerprints and all.

It's my first time ever getting in trouble and I was given a desk appearance ticket. My arraignment is on Wednesday and I have no idea what to expect, how to plea, nothing. I am also 18 years old and the sheriff told me and my friend we were lucky because we could be given a YO status. I just... Read more »

Andrew M. Stengel
Andrew M. Stengel
answered on Dec 10, 2016

You should speak to an attorney. If you can't afford one then one will be appointed for you when you appear in court. If you have never been arrested before and the alleged amount is relatively low then there is a good chance you won't have a criminal record at the end of the case.

1 Answer | Asked in DUI / DWI for New York on
Q: Can I beat a dwi in nys if there is no refusal letter and no video?

I was driving home I believe I passed out and veered into a parked car. I was taken to the hospital because I had a head trauma which I received 5 staples. I refused all test which truthfully I don't remember due to the head trauma . At arraignment the DA had no refusal letter or video of the... Read more »

Andrew M. Stengel
Andrew M. Stengel
answered on Dec 10, 2016

Far more facts are needed to answer your question. While it's unlikely that the failure to do the refusal paperwork alone will win the case it is definitely something that works in your favor.

2 Answers | Asked in Criminal Law for New York on
Q: Person is recorded by security cameras in restaurant, consuming cocaine.

The person is caught by security camera, consuming cocaine. The person is not caught by law officers possesing cocaine or anything, just recorded in restaurant. Is the police going to investigate this or get involved at all? Is the restaurant obliged to hand this evidence to police? Thanks.

Andrew M. Stengel
Andrew M. Stengel
answered on Dec 8, 2016

Nobody can predict if the police will investigate. But it would be difficult to charge somebody without recovering any of the alleged narcotics.

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1 Answer | Asked in Criminal Law for New York on
Q: Is this considered assault?

Me and a co worker were verbally cursing at each other and I wanted to wait until she was eating to throw all her food to the floor without saying a word. Is that assault?

Andrew M. Stengel
Andrew M. Stengel
answered on Dec 7, 2016

That is not the crime of assault, which involves an intent to cause a physical injury along with causing a physical injury. However, if you caused an injury to her in the course of doing what you described above, the act could be reckless assault.

1 Answer | Asked in Criminal Law, Family Law and Elder Law for New York on
Q: My older brother took my 89 years old Alzheimer's mother to bank, empty everything in her bank accounts.

Those bank accounts, either I was joint owner or beneficiary. He put my mother into Medicaid program. What are my legal remedy to recover those money and safe guard money without Adult Protective Services involved?

Andrew M. Stengel
Andrew M. Stengel
answered on Dec 5, 2016

You should go to the police immediately and make a report for elder abuse.

2 Answers | Asked in DUI / DWI for New York on
Q: I have been charged with a DWI. I am beyond upset and cannot afford a lawyer. Can I represent myself?
Andrew M. Stengel
Andrew M. Stengel
answered on Dec 1, 2016

Could you represent? Yes. Should you? Of course not. if you can't afford a lawyer then a public defender will be appointed for you.

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1 Answer | Asked in Criminal Law, Banking and White Collar Crime for New York on
Q: whats the minimum and maximum on penal codes 2C:21-1A 2C:5-1A 2C:21-5
Andrew M. Stengel
Andrew M. Stengel
answered on Dec 1, 2016

Those look like New Jersey laws. You might want to ask the question in a forum for New Jersey.

2 Answers | Asked in Animal / Dog Law and Criminal Law for New York on
Q: If I left my dog in care of a relative while I was away and they give my dog away can I press charges?
Andrew M. Stengel
Andrew M. Stengel
answered on Dec 1, 2016

Criminal charges might be a stretch. But you might have a civil action. What is topping you from getting your dog back from the people who have him/her?

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2 Answers | Asked in DUI / DWI for New York on
Q: I was recently convicted of a DWI. How long will it be on my record?
Andrew M. Stengel
Andrew M. Stengel
answered on Nov 27, 2016

If you were convicted of DWI in New York (not DWAI), then the crime will always be on your record. There is no such thing as expungement in New York. If convicted of a misdemeanor or felony in New York, one will have a permanent criminal record (except with diversion in narcotics crimes).

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1 Answer | Asked in Criminal Law and Employment Law for New York on
Q: If my have a charge and it becomes sealed can an employer still see my rap sheet if I get fingerprinted
Andrew M. Stengel
Andrew M. Stengel
answered on Nov 21, 2016

There are some employers who can see charges that are sealed. Usually such employers include law enforcement agencies.

1 Answer | Asked in Criminal Law for New York on
Q: what do this mean 215.50 MA (CRIMINAL CONTEMP- 2ND A Misdemeanor
Andrew M. Stengel
Andrew M. Stengel
answered on Nov 14, 2016

If a person if charged with criminal contempt it most likely means that an Order of Protection was violated.

1 Answer | Asked in DUI / DWI for New York on
Q: Can you be on an extended Leave of Absence from your job to qualify for a Legal Aid Lawyer? It would involve a DWI

If the person is now in a rehab facility for approx 3 months and a court date is set during that time and

the person cannot afford a lawyer would he still be eligible for a legal aid lawyer. He is presently not collecting

any salary at all.

Andrew M. Stengel
Andrew M. Stengel
answered on Nov 9, 2016

You may or may not be eligible for a public defender. Any assets that you own could be considered. See this document: https://www.ils.ny.gov/files/Hurrell-Harring/Eligibility/Final%20Eligibility%20Standards/Eligibility%20Criteria%20and%20Procedures%20FINAL%20FULL%20April%204%202016.pdf.

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