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Questions Answered by Michael J. McConnell
Q: How hard is it to get a change of venue in a misdemeanor case in NY?
I am facing a misdemeanor charge and feel I am not receiving fair treatment due to hate crimes and vandalism directed at me. Law enforcement has not taken any action regarding these incidents. How difficult is it to obtain a change of venue in my case considering these circumstances?
Michael J. McConnell
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answered on Jun 25, 2025
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answered on Jun 25, 2025
Changing venue on a criminal case in New York is very difficult and honestly quite rare. Even in high profile cases with a ton of local media publicity it is tough to get a change in venue. Unless there are truly exceptional circumstances that make changing the venue necessary to ensure that... View More 
Q: Conflict of interest in a domestic violence case where the prosecutor becomes the victim and files charges.
In a domestic violence case, a victim decided not to press charges; however, the prosecutor proceeded with the case and became the victim, leading to a guilty ruling by the judge. Given that Article 3, Section 2 of the U.S. Constitution states that the Supreme Court shall have jurisdiction in cases... View More
Michael J. McConnell
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answered on Jun 21, 2025
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answered on Jun 21, 2025
Thank you for this question. It appears from the question that this is a case where a prosecutor secured a conviction despite the victim not wishing to “press charges.” There are a few really important things to know about this type of situation.
First, in a criminal prosecution, the... View More
Q: Concern about legal implications of receiving explicit material from a minor.
I'm a 30-year-old resident of Greenville, SC, and I recently engaged in a conversation with someone I met on a dating site who claimed to be 19 years old. Our conversation became explicit, and she sent intimate photos and videos. However, after a couple of weeks, she revealed she was actually... View More
Michael J. McConnell
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answered on Jun 21, 2025
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answered on Jun 21, 2025
As a general rule, the initial receiving of explicit photographs from someone who misrepresents their age should usually not result in criminal charges so long as the recipient neither knew nor should've known that the individual was a minor.
With that said, I would STRONGLY RECOMMEND... View More
Q: Can my conspiracy case be thrown out due to warrant errors?
My house was raided, and I was arrested for a B felony conspiracy charge. My motion of discovery includes a warrant labeled "benison conspiracy warrant" with a different name and address. My attorney, who is a family friend, thinks this could be a chance for me to go into treatment, so he... View More
Michael J. McConnell
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answered on Jun 21, 2025
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answered on Jun 21, 2025
I am so sorry to hear about your situation and am wishing you all the best as you fight the charges. With that said, it will be important for you to rely on the advice of your attorney as they are familiar with the facts of your case and can help you determine the best legal strategy.... View More
Q: Facing third degree assault charges for using pepper spray in self-defense, arrested in NYC. Legal help needed.
I live in NYC and while I was walking my dog, a man began to harass and then attacked me. I defended myself with pepper spray, which I believed to be legal in New York State. However, the police arrested me, claiming pepper spray is illegal, and I received a desk appearance ticket for third degree... View More
Michael J. McConnell
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answered on Jun 21, 2025
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answered on Jun 21, 2025
I’m really sorry that you are going through this. You should strongly consider consulting with a criminal defense lawyer immediately. Even though the arraignment (first court date that is indicated on the DAT) might be a couple weeks away, it is often beneficial in cases like this to have a... View More
Q: Charged with harassing calls in GA, evidence shows accuser contacted me. How to defend?
I’m being charged with harassing phone calls in Georgia and accused of using different numbers, but I have proof that the accuser, my ex-friend, has called and texted me over 20 times after I asked them to stop. I have screenshots of call logs and texts as evidence. Now, there is an arrest... View More
Michael J. McConnell
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answered on Jun 19, 2025
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answered on Jun 19, 2025
I’m sorry to hear about the situation you are in. Be sure to save the proof that you appear to have and please strongly consider speaking with a qualified criminal defense lawyer in your area as soon as possible. You should generally avoid saying anything to law enforcement in the meantime until... View More
Q: How to recant a DV statement made while intoxicated in CA?
I initially reported to the police that my fiancé was hitting me, resulting in him being charged with felony domestic violence. I admitted this while severely intoxicated, leading to my own charge of public intoxication. The incident involved a fight between my fiancé and another person who... View More
Michael J. McConnell
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answered on Jun 16, 2025
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answered on Jun 16, 2025
Even with the recanted statement, the decision of whether to pursue the case will still rest with the prosecutor. With that said, if they have been informed of the desire to recant AND the issue of intoxication as you mentioned in your question, they have a duty to disclose that to the accused. A... View More
Q: How does not being read Miranda rights affect my case after arrest and charges?
I was arrested after being pulled over for a defective tail light. During the arrest, I was not read my Miranda rights before or after being questioned by the police. I was charged with driving on a suspended license, possession of brass knuckles for criminal use of a prohibited weapon (which were... View More
Michael J. McConnell
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answered on Jun 15, 2025
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answered on Jun 15, 2025
In general, the police are required to read you the Miranda warnings if you are in custody (meaning you aren’t free to leave) and being interrogated (meaning you are being asked questions by police). If they obtain a statement in violation of Miranda, that statement might not be allowed to be... View More
Q: Can a victim stop the state from pressing 2nd-degree assault charges?
I am being charged by the state of Maryland for 2nd-degree assault. The victim, who I had one prior police interaction with in February (no arrest), does not want to press charges but provided a statement to law enforcement. There were only police officers as witnesses who came after the fact. Can... View More
Michael J. McConnell
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answered on Jun 13, 2025
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answered on Jun 13, 2025
As a general matter, a victim cannot unilaterally stop the state from prosecuting someone in a criminal case. That is because once a police report is filed and charges are brought, the decision to proceed with the case is entirely in the prosecutor’s hands.
As a practical matter, it can... View More
Q: How can a presidential candidate win their home state considering the Constitution's Article II, Section 1 provisions?
I want to understand how a presidential candidate can win their home state when voting for President in the United States. How does the electoral vote system allow this, especially in light of Article II, Section 1 of the Constitution, which mentions electors voting for one person who is not an... View More
Michael J. McConnell
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answered on Jun 10, 2025
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answered on Jun 10, 2025
This is a really great question and one that doesn't come up all that much. The short answer is that the Constitution doesn't prohibit a state from selecting one of its own inhabitants as President. Here's why:
Prior to the 12th Amendment, each state would choose two people... View More
Q: Expected workers' comp settlement for torn rotator cuff in NY
I have been receiving workers' compensation payments for the past 2 years due to a torn rotator cuff sustained at work. I have medical reports suggesting surgery for the injury, but my doctor hasn't discussed any potential long-term impacts. Given these circumstances, how much can I... View More
Michael J. McConnell
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answered on Jun 10, 2025
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answered on Jun 10, 2025
I’m sorry to hear about your injury. In terms of how much you can expect from a workers’ compensation settlement, that is difficult to determine without knowing additional facts. Things like your average weekly wage, the amount of disability payments paid to date, the current and future... View More
Q: Is my statement during a workplace argument a criminal threat or protected speech?
I was involved in an argument with a colleague in a public hallway at work, where I mentioned having a house full of guns to emphasize that I'm not the person to solve conflicts. Despite immediately apologizing for being aggressive, HR placed me on administrative leave, and I haven't... View More
Michael J. McConnell
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answered on Jun 4, 2025
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answered on Jun 4, 2025
The First Amendment of the United States Constitution protects freedom of speech from government interference. It does not generally protect you from actions by private individuals or companies. If your company is a private company, the First Amendment will likely have no application here, which... View More
2 Answers
| Asked
in
Civil Rights, Criminal Law, Immigration Law and Civil Litigation
for
New York
on
Q: Need advice on legal action for stalking and unauthorized experiment New York
I have been dealing with a stalker who has followed me across different states for multiple years. As a new immigrant in the U.S., I initially didn't know what to do. In 2023, I reported the case to authorities, but they mostly mentioned they couldn't act due to lack of evidence.... View More
Michael J. McConnell
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answered on Jun 4, 2025
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answered on Jun 4, 2025
I’m very sorry that you are going through this. What you have described is serious and can be really scary. Even against powerful individuals, it is possible to get justice and protection.
In general, it can be important to document everything and bring such information to the police. If... View More
Q: How can I protect my sister from an abusive man facing felony charges?
I am concerned about my sister, who is afraid for her life due to a man facing multiple felony charges and potential prison time. This man has abused her, and although the police are involved, she won't report the incidents due to a history of abuse from our family. I have been supporting her,... View More
Michael J. McConnell
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answered on Jun 4, 2025
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answered on Jun 4, 2025
I am so sorry to hear about your situation and in particular what your sister is going through. Domestic violence is extremely serious. Also, the fear and trauma that you describe is common in such cases, especially those involving long term abuse.
There are a number of helpful resources... View More
Q: Can I negotiate settlement for work-related TFCC injury including future medical costs?
I sustained a TFCC injury that was work-related. If I choose to settle before undergoing surgery, can I still negotiate for a settlement amount that includes the potential cost of future medical care?
Michael J. McConnell
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answered on Jun 4, 2025
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answered on Jun 4, 2025
When negotiating a Section 32 Settlement in New York, you can generally negotiate an amount that reflects the potential cost of future medical care. So even if you haven’t had a surgery yet, if it is reasonably expected at some point in the future, a settlement should typically include an... View More
2 Answers
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in
Civil Rights, Constitutional Law, Libel & Slander and Personal Injury
for
Tennessee
on
Q: Do social media reporters have the same First Amendment rights as traditional media?
I want to know if social media "reporters" have the same First Amendment rights as traditional media reporters when posting opinions based on perceived civil rights violations. Specifically, can these opinions face legal repercussions?
Michael J. McConnell
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answered on Jun 19, 2025
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answered on Jun 19, 2025
Social media reporters and independent journalists enjoy the same First Amendment rights as those in traditional media. In other words, if something would be protected speech for a traditional reporter, it should generally also be considered protected speech for a social media reporter or... View More
Q: What legal options do I have for nursing home neglect resulting in a stroke?
I'm concerned about my 91-year-old mother who fell at her nursing home around 7 pm, but an ambulance wasn't called until the next morning. Once at the hospital, she was diagnosed with a stroke. She is now in bad condition, requires significant therapy to regain half of her former... View More
Michael J. McConnell
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answered on Jun 11, 2025
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answered on Jun 11, 2025
I’m so sorry to hear about your mother’s situation and completely understand how difficult this must be. Based on the facts you have shared in your question, you may want to immediately arrange a free consultation with a personal injury lawyer in New York who handles nursing home abuse and... View More
Q: Can I get in legal trouble from an online chat offering services?
I was chatting with someone online who offered a range of services for money. I clearly expressed my disinterest and made no payments or shared any personal information. I am worried about potential legal trouble as this is my first experience with such an interaction and I have no interest in... View More
Michael J. McConnell
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answered on Jun 11, 2025
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answered on Jun 11, 2025
Based on the facts you've shared in your question, it is unlikely that you would face criminal charges. Simply getting an unsolicited offer for prostitution isn’t a crime. Logically, it is the same as a situation where a person is walking down a street and someone offers prostitution to them... View More
Q: Accused of crimes, need to prove innocence, Circleville, OH.
I have been accused of multiple crimes by my family members in Circleville, Ohio. I'm currently homeless and cannot return home unless I can prove my innocence, which is critical for my life, family, and possibly my freedom. I'm seeking advice on how I might get a lie detector test or... View More
Michael J. McConnell
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answered on Jun 11, 2025
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answered on Jun 11, 2025
I’m sorry to hear about your situation and am wishing you all the best through this incredibly difficult time. In response to your question, I think it is important to highlight a few things.
First, in a criminal case, you are innocent until proven guilty. This is called a presumption of... View More
Q: Can I force my 18-year-old to move back home from Alabama?
I have an 18-year-old daughter who is currently living with her grandparents in Alabama. She does not listen to me and cannot financially support herself. There are no legal agreements regarding her living situation. Can I legally force her to move back home with me?
Michael J. McConnell
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answered on Jun 5, 2025
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answered on Jun 5, 2025
I understand your situation and recognize how stressful that can be. With that said, she is 18 and as a result there is generally no obligation for her to move back in with you under the law. The legal analysis perhaps could change under certain unique circumstances (such as maybe a guardianship),... View More
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