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Questions Answered by Andrew M. Stengel
1 Answer | Asked in Criminal Law for New York on
Q: Is it legal to own a sword cane with no intention of using it?
Andrew M. Stengel
Andrew M. Stengel
answered on Nov 6, 2016

Cane swords are per se illegal in New York. If you are caught possessing one you would likely be arrested for criminal possession of a weapon.

1 Answer | Asked in Civil Litigation for New York on
Q: I`am 25.Can my mom help me pay a civil demand?
Andrew M. Stengel
Andrew M. Stengel
answered on Nov 6, 2016

Anybody can help you pay a civil demand, but you might want to ask a lawyer if that's necessary before you do.

1 Answer | Asked in Criminal Law for New York on
Q: What is statute zero 120.5.2 in erie county (Buffalo, NY)?
Andrew M. Stengel
Andrew M. Stengel
answered on Nov 6, 2016

You may be referring to Penal Law Section 120.05(2), which is Assault in the Second Degree.

1 Answer | Asked in DUI / DWI for New York on
Q: Are the penalties less for a snowmobiling DWI than one you get while driving a car?
Andrew M. Stengel
Andrew M. Stengel
answered on Nov 2, 2016

The penalties are a little less harsh for snowmobiles than cars, but they are still crimes. For example, a first DWI offense is a misdemeanor punished by up to one year in jail and a second within ten years is a felony. A first offense SWI is also a misdemeanor punished up to 90 days in jail and a... View More

1 Answer | Asked in Criminal Law for New York on
Q: My husband is in jail he have 13 More months out of 12 years but his mother have cancer from 9/11 she was FDNY/EMS is

My husband is in jail he have 13 More months out of 12 years but his mother have cancer from 9/11 she was FDNY/EMS is it possible for early release or house arrest jus to be at her bed

Andrew M. Stengel
Andrew M. Stengel
answered on Oct 31, 2016

I am sorry to hear that. Visits to a close family member who is gravely ill are review and approved by the Superintendent of the Department of Corrections: http://www.doccs.ny.gov/FamilyGuide/FamilyHandbook.html#grav.

1 Answer | Asked in Criminal Law, Federal Crimes and Identity Theft for New York on
Q: I was indicted for conspiracy and ID theft while i was overseas Will my passport be flagged worldwide or US airports

Tax preparer sealed indictment for conspiracy

ID theft

Wire fraud

Many others involved as they told my attorney and it's still an ongoing investigation.

Andrew M. Stengel
Andrew M. Stengel
answered on Oct 30, 2016

While you described some facts you did not ask a question. Do you have a question?

1 Answer | Asked in Criminal Law and Family Law for New York on
Q: Is it illegal for the judge to set a high bail amount because he doesn't like the lawyer?

Bail was set very high for a senior citizen with a clean record,and his daughter, who were arrested for domestic violence, neither party wants to press charges, so the family lawyer is representing both, I don't think the judge liked that and set the bail very very high.Some say highly... View More

Andrew M. Stengel
Andrew M. Stengel
answered on Oct 28, 2016

Whether a judge like an attorney (prosecution or defense) is not one of the factors in setting bail. It is highly unlikely that bail was set based on disliking a lawyer.

1 Answer | Asked in Criminal Law and Family Law for New York on
Q: Father and daughter both facing assault charges for family fight

Why would both parties be charged and how would they be dropped?

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

Police arrested both because they didn't know who was at fault and/or thought both were equally to blame. To answer the second part of your question, it helps to have an aggressive defense attorney.

1 Answer | Asked in Family Law and Criminal Law for New York on
Q: My girlfriend got in a physical fight with her father, fought back, called 911, both arrested, why?
Andrew M. Stengel
Andrew M. Stengel
answered on Oct 27, 2016

It sounds like the police didn't know who was at fault so they arrested both people. That's called a cross-complaint. A prosecutor may try to sort out if only one person was a false and then dismiss the charges against the other.

1 Answer | Asked in Criminal Law and Domestic Violence for New York on
Q: is there such a thing as a non-expiring protection order in nyc
Andrew M. Stengel
Andrew M. Stengel
answered on Oct 21, 2016

No, Orders last for a period of years. Following a conviction or a guilty plea, an Order of Protection will last increasing amount of years for a family ACD, violation, misdemeanor and felony.

1 Answer | Asked in Criminal Law for New York on
Q: My brother wants to get his charges drop off me how do he go about that ?
Andrew M. Stengel
Andrew M. Stengel
answered on Oct 19, 2016

Far more information is needed. Charges are not normally dropped, but it may be possible in limited circumstances to have charges dismissed.

1 Answer | Asked in DUI / DWI for New York on
Q: My husband's car was impounded after a DUI.

The the towing company won't release it to us b/c the cops have a hold on it. How long can they hold the car? I need it to get to work.

Andrew M. Stengel
Andrew M. Stengel
answered on Oct 18, 2016

Your husband's attorney can serve a demand to return the car. Alternatively some DA's offices will release the car after a waiver of certain defenses.

1 Answer | Asked in Criminal Law for New York on
Q: Lance, an adult, enters St. Mary’s cemetery knocking over tombstones causing damage. What is he guilty of?

Under NYS Penal Law would he be guilty of trespassing? Criminal Trespass?

Andrew M. Stengel
Andrew M. Stengel
answered on Oct 15, 2016

In all likelihood a felony degree of criminal mischief.

2 Answers | Asked in Criminal Law and Federal Crimes for New York on
Q: Can a charge of grand larceny 3rd degree felony be dropped to a lesser charge
Andrew M. Stengel
Andrew M. Stengel
answered on Oct 27, 2016

Yes, a defense attorney could convince a prosecutor to offer petit larceny or even a non-criminal disposition. It depends on the facts of every case.

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1 Answer | Asked in Criminal Law for New York on
Q: If the police take my phone as evidence do they get to see everything on it? What about my passwords and stuff?
Andrew M. Stengel
Andrew M. Stengel
answered on Oct 13, 2016

Unless you give consent, law enforcement needs search warrant to go through you phone. That means that there is probable cause to believe that there is evidence of a crime on a cellphone.

1 Answer | Asked in DUI / DWI for New York on
Q: My buddy was approached by a mall cop in a parking lot

-- the car was idling but he was not driving. Mall cop said he'd called the regular cops - once they go there he got charged with a DUI. How is that possible if he wasn't driving?

Andrew M. Stengel
Andrew M. Stengel
answered on Oct 11, 2016

You raise an excellent question. Operation of a motor vehicle is an element of DWI. That means a person starts a the motor vehicle with the intention of putting it in motion. Based on what you wrote,

the element may be difficult for a prosecutor to prove beyond a reasonable doubt because...
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2 Answers | Asked in Criminal Law for New York on
Q: Is it illegal for an 23 year old boy to date an 16 year old girl
Andrew M. Stengel
Andrew M. Stengel
answered on Oct 10, 2016

Sexual contact with anybody under the age of 17 is a crime. In other words, the age of consent in New York is 17.

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2 Answers | Asked in DUI / DWI for New York on
Q: I was charged with an auo 2nd due to a dwi 16 months ago was wondering if i paid refusal fine how much would that help

I was wondering if paying part of my suspension such as the refusal fee would help avoid jail time i keep seeing a mandatory jail sentence

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

Your willingness to pay a fee probably is not going to get you a better deal. Speak to an aggressive defense attorney.

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1 Answer | Asked in Criminal Law for New York on
Q: I need copies of an arrest report. Are those sealed?
Andrew M. Stengel
Andrew M. Stengel
answered on Oct 7, 2016

It depends on the status of a case. If it is ongoing then at some point in the case you are entitled to receive a copy. If a case has been dismissed and sealed you would need a court order to see an arrest report.

2 Answers | Asked in DUI / DWI for New York on
Q: My friend blew 0.07% in a breathalyzer test, but he's still being charged with drunk driving. Why?
Andrew M. Stengel
Andrew M. Stengel
answered on Oct 4, 2016

That's a good question. There are two types of DWI in New York: (1) per se, which is .08% BAC and above; and (2) common law, which is driving a car in an intoxicated condition. It would be difficult for a prosecutor to prove common law DWI beyond a reasonable doubt unless there were other... View More

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