Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Lee A. Koch
1 Answer | Asked in Domestic Violence for New York on
Q: How do I get and order of protection reduced to a reframe from order?

My husband was arrest for domestic violence against me. His bail hearing is today. I want the order if protection reduced to a reframe from order.

Lee A. Koch
Lee A. Koch answered on Nov 6, 2017

Speak to his attorney or the DA.

1 Answer | Asked in Domestic Violence for New York on
Q: My boyfriend hit me and the police were called by my neighbors. I did not allow them to arrest him but he was charged

with some form of DV that I cannot remember. Will this show up on his criminal record or not?

Lee A. Koch
Lee A. Koch answered on Nov 2, 2017

It will show up as a pending case, and if he is convicted, it will show up on his record. Hire him a lawyer now. They may not need you to press charges if the neighbors were witnesses.

1 Answer | Asked in Criminal Law, Civil Rights and Medical Malpractice for New York on
Q: DOES A DR. HAVE THE RIGHT TO REFUSE NEEDED MEDS TO PATIENT BECAUSE PATIENT REFUSED UNRELATED MEDS PUSHED ON THEM.

NO PAIN MEDS IF YOU REFUSE ANY OTHER TYPE OF MED NEW TO MARKET. SO MANY AND WITH TERRIFYING SIDE EFFECTS

Lee A. Koch
Lee A. Koch answered on Oct 30, 2017

We need more details to answer your question. Call an attorney who does free consultations. Whether you hire the attorney or not, your conversation is privileged.

2 Answers | Asked in Traffic Tickets for New York on
Q: My permit was suspended before I got it because of a seat belt ticket from years ago in NYC. Can I fight it?

I received a ticket when I was 17 for not wearing a seatbelt. A few years later I decided to get a permit driver licence but instead I received a letter saying my permit is suspended and I won't get it until I pay the ticket and the suspension fine, which is $270. Can I fight at least the supension... Read more »

Lee A. Koch
Lee A. Koch answered on Oct 25, 2017

You can fight anything. The question you have to ask is whether your time or an attorney's time is worth $270. An attorney will be able to discuss the specifics of your case and provide you viable solutions.

View More Answers

3 Answers | Asked in Traffic Tickets for New York on
Q: I was given a ticket with only a court date set two months from now.. How do I respond?

I was just given a ticket for moving around two cars to make a left turn. I had to go across the double yellow line to do so. There was no on coming traffic at all since there was a red light about 50 yards down the road. The officer kept saying I moved 50 to 100 yards down the wrong way. I kept... Read more »

Lee A. Koch
Lee A. Koch answered on Oct 25, 2017

Hire an attorney who can handle it, so you don't have to do it yourself. Otherwise, get the officer's copy of the ticket, so you can get the officer's statement. Then, go to where you got the ticket and take pictures of the scene. You could make a drawing/video/graphic related to the events... Read more »

View More Answers

1 Answer | Asked in Criminal Law and Employment Law for New York on
Q: hey, I was wondering if an open container summon's in NY would be seen after 1 year in a criminal background check
Lee A. Koch
Lee A. Koch answered on Oct 24, 2017

Is it an ongoing case or has it adjudicated? Is it a criminal summons or public health? Reach out to an attorney who handles cases like this, and who can help you with the intimate details of your case.

1 Answer | Asked in Criminal Law and Federal Crimes for New York on
Q: if i shoot someone in self defense with a unregistered gun in nyc?

if i work for a business that deals with cash over 10k cash a day in NYC, and i in self defense shoot someone with a unregistered firearm in self defense, will i go to jail or what are the consequences.

Lee A. Koch
Lee A. Koch answered on Oct 24, 2017

It depends. You can go to jail, and you can be charged with possession of an unlicensed firearm. Furthermore, you can be charged with a litany of offenses from the shooting. Self defense is merely an affirmative defense that can excuse the shooting, but doesn't guarantee it. I recommend you... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for New York on
Q: My friend was assaulted by her husband but the police didn't arrest him. What can she do to press charges?

He left marks on her throat from choking her, bruises on her leg, ear and lip from punching her, and the police let him go after they found him "sleeping", drunk in his car. She finally got them to issue a warrant for harassment after he threatened her in a message but still haven't even taken the... Read more »

Lee A. Koch
Lee A. Koch answered on Oct 24, 2017

Go to a different police station and report the crime. It is up to the police as to whether they will pursue the case or not.

1 Answer | Asked in Immigration Law for New York on
Q: We just married. can my wife apply for green card if she has any legal issues in her home country still pending
Lee A. Koch
Lee A. Koch answered on Oct 23, 2017

She can always apply, but it may be more prudent to wait until those issues are not pending. Speak to an immigration lawyer to discuss the intimate details of the pending action and the impact on your wife's application.

1 Answer | Asked in Immigration Law for New York on
Q: I have permanent status. My brother got picked up by ice after court.will i be picked up too? We both got same case
Lee A. Koch
Lee A. Koch answered on Oct 23, 2017

No one has an idea what ICE is going to do. If you have legal status, you shouldn't be too concerned unless you feel the need to have an attorney on retainer in the case of ICE detention. As far as your brother, if he is in removal proceedings or detention, you may want to find a lawyer on his... Read more »

1 Answer | Asked in Domestic Violence for New York on
Q: if a 30 year old woman beats up a 16 year old kid is it child abuse or is it assault
Lee A. Koch
Lee A. Koch answered on Oct 23, 2017

It can be both. The act itself could be an assault. Depending on the woman's relationship to the 16 year old, it could be abuse too.

1 Answer | Asked in Criminal Law, Personal Injury, Small Claims and Employment Law for New York on
Q: I want to ask if it's legal that my job is making me work with a mentally ill person.

I work as a job coach with adults with mild intellectual disabilities. I've been threatened and hit by a client who is diagnosed with paranoid schizophrenia. I'm not qualified or trained to deal with him. I want to know if its legal that they make me work with him.

Lee A. Koch
Lee A. Koch answered on Oct 23, 2017

This appears to be a question for the employment law section. It definitely creates a danger for you and the client. The result of any attack on you or exacerbation of the client's condition could be negligent conduct on behalf of your employer. Speak with an employment lawyer who specializes in... Read more »

2 Answers | Asked in Divorce, Family Law, Civil Litigation and Domestic Violence for New York on
Q: I am in Divorce court. Can I sue my husband for damages due to blackmail in Civil court at the same time?

My husband is attempting to force me into a bad settlement. He has repeatedly committed fraud against me and has been harassing me non-stop. I required heart surgery two months ago and did not heal due to stress. I have just had another, my doctor said I MUST avoid stress to heal properly. Husband... Read more »

Lee A. Koch
Lee A. Koch answered on Oct 23, 2017

You could try, but the issue you will run into is that it all relates back to the pending divorce which has not adjudicated.

View More Answers

1 Answer | Asked in Immigration Law for New York on
Q: What’s the best way to proceed in this situation?

Im a nurse. Have my green card and SSCard. Signed a job offer with an Hospital trough a recruitment agency who sponsor my VISA and instructed by them, resigned my permanent contract to move to the States. Now the hospital with whom I signed is not hiring so I’ve been told I need to take another... Read more »

Lee A. Koch
Lee A. Koch answered on Oct 19, 2017

If they aren't meeting their obligations pursuant to an employment contract, hire an employment lawyer to handle it. If you are concerned about your green card, hire an immigration lawyer to help you figure out your options. If you have a green card and an SSN card, you should be fine without... Read more »

1 Answer | Asked in Federal Crimes for New York on
Q: Is there any leniency regarding mail fraud charges if the defendant is a minor and didn't understand the seriousness of

their actions?

Lee A. Koch
Lee A. Koch answered on Oct 19, 2017

Yes. It can cause a reduction in the sentencing guidelines.

1 Answer | Asked in DUI / DWI for New York on
Q: Do DUIs also include instances where you've ingested an illegal substance and get into an accident, or are they just for

alcohol-related offenses?

Lee A. Koch
Lee A. Koch answered on Oct 19, 2017

Yes. PL 1192.4 is for driving while on other types of drugs (marijuana, ecstasy, etc).

2 Answers | Asked in Identity Theft for New York on
Q: My grandmother passed away but someone got ahold of her credit card information and made charges both before and after

she died. Is her estate responsible for paying them?

Lee A. Koch
Lee A. Koch answered on Oct 19, 2017

Simple answer, no. Complex answer, maybe. It depends on when the charges were made and how long it took to tell the credit card company the charges were fraudulent.

View More Answers

1 Answer | Asked in White Collar Crime for New York on
Q: My daughter just got approved for a mortgage, but I know for a fact she doesn't work.

I think she lied about her income - what should I do?

Lee A. Koch
Lee A. Koch answered on Oct 18, 2017

Hire her a good attorney for the eventual fraud charges.

1 Answer | Asked in Criminal Law for New York on
Q: when judge dismisses jury for the day can jury still give a verdict after judge told them to stop deliberations

When judge tells jury to stop deliberating and dismisses them for the day are they allowed to discuss case and come back with a verdict?

Lee A. Koch
Lee A. Koch answered on Oct 18, 2017

They are only supposed to discuss the case when all the jurors are present. If they have been dismissed for the day, no discussion of the case is to take place.

1 Answer | Asked in Criminal Law and Health Care Law for New York on
Q: If a court, in NY city ordered drug alcohol rehabilitation to someone sources claim there is a lien on them.

How to tell if such a lien exists or is this myth

Lee A. Koch
Lee A. Koch answered on Oct 18, 2017

Lien for what? The court orders treatment or it doesn't. If treatment is a provision of the sentence, it must be completed.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.