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New York Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for New York on
Q: can someone be charged with 130.20 (2) if he is under 21 years old?

The person arrested is 20 years old, the crime happened when he is 20

Michael Arbeit
Michael Arbeit answered on Jan 25, 2022

Is the person arrested 17 years of age or older and is the c/w under the age of 17?

1 Answer | Asked in Criminal Law, Federal Crimes and Legal Malpractice for New York on
Q: Is it legal to accept money from a sale of a home if a notary falsified witnessing a signature on a deed?
Roy Warner
Roy Warner answered on Jan 25, 2022

Depends on the law in each state. However, accepting cash is legal. The problem is whether the deed can be filed, which serves as notice to the world that the person who paid cash for the property is the true owner. The deed should be corrected pursuant to the terms of the written contract of... Read more »

0 Answers | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for New York on
Q: May an original Indictment be physically changed on its face substituting one factual allegation for another

Amendment Granted by Court, Court crossed out one allegation and physically wrote in a different one

0 Answers | Asked in Criminal Law for New York on
Q: I have been falsely accused of many sexual assault incidents by my boyfriends babies mother. Can I sue her?

Cps has unfounded me and she opens new cases, this has caused her to make her own safety plan and go against the court ordered visitation schedule. Do I have right to sue her for defamation of character?

1 Answer | Asked in Criminal Law for New York on
Q: I have a warrant for not appearing for a charge of grand larceny in the 4th degree of a credit card. What are my options

I am a single father of two and currently unemployed. There is a bunch of extenuating circumstances in this and the facts are wrong

Michael Arbeit
Michael Arbeit answered on Jan 23, 2022

Your options are to either voluntary surrender on the warrant or risk getting picked up on the warrant by the fugitive/warrant squad. I suggest you see about getting some $$ together to retain an attorney for proper representation.

0 Answers | Asked in Criminal Law for New York on
Q: I was arrested at a protest & charged with 2 counts of disorderly conduct. what happens if I get arrested again for DC?

I was arrested on Friday, January 14 & charged with two counts of disorderly conduct for engaging in civil disobedience at a protest in Midtown. I am just curious what are the ramifications if I get arrested at another protest for civil disobedience and charged with disorderly conduct again? I... Read more »

0 Answers | Asked in Criminal Law for New York on
Q: Can a court transcript be changed once court is finished because mistakes were made in favor 9f defendant

My fiance plead guilty to a class E felony in a court transcript. Now the judge is trying to say it was a typographical error and trying to sentence him to 6 years prison on a B felony because my fiance filed a motion to withdraw his plea

1 Answer | Asked in Criminal Law and Traffic Tickets for New York on
Q: I have multiple tickets from “accused “ car chase but was not caught and only proof was an officer claiming she “saw” me

It was dark night and was never caught and home in bed when they brought me to station to “pick up my wallet “ my girlfriend had reported the car stolen and I was home in bed. They questioned us both and neither admitted or confessed. They let us go and didn’t even arraign me or anything. All... Read more »

Zev Goldstein
Zev Goldstein answered on Jan 19, 2022

This question was posted to "traffic tickets". Try reposting it to "criminal defense".

0 Answers | Asked in Criminal Law for New York on
Q: Is it legal to order the arrest of a president

This is for my school research

1 Answer | Asked in Criminal Law for New York on
Q: If convicted of a misdemeanor in NYS in 2016, when would the conviction no longer appear in criminal background check?

Convicted of misdemeanor (NYS PL 260.10.01). Certificate of Disposition May, 2016. Have not been in trouble since.

Michael Arbeit
Michael Arbeit answered on Jan 14, 2022

Unfortunately, this misdemeanor conviction will appear on any background check. You may be eligible to have this conviction sealed pursuant to CPL Section 160.59 10 years after the sentence date (provided you qualify).

0 Answers | Asked in Criminal Law and Identity Theft for New York on
Q: My phone was hacked and my phone company transferred my line to someone else without my knowledge. took out my savings.

Citibank did not stop 5 wires and 5 Zelle tranfers to my account. All my savings were gone. the phone company, citibank, optinum did not protect my privacy and asset, What is my legal right

1 Answer | Asked in Criminal Law for New York on
Q: my public defender ignored my request for speedy trial twice. Is this grounds for motion to dismiss?
Stuart Austin
Stuart Austin answered on Jan 6, 2022

No. There are certain decisions that an attorney can make for his client. One of them relates to consenting to time to prepare for trial. This is not grounds for a motion to dismiss. It may be a reason to seek alternative counsel however. You should be able to make your request to the judge.

0 Answers | Asked in Criminal Law, Divorce, Family Law and Appeals / Appellate Law for New York on
Q: Hey how can I change the status in this case ?

I was in a relationship with my son mother at the time and she called the cops on me because she caught me with another girl

1 Answer | Asked in Traffic Tickets and Criminal Law for New York on
Q: I was stopped in September 2020 for an expired inspection sticker I was arrested afterwards for suspended license

Government cumo said there was a government order that police could not stop or ticket for expired inspection stickers until November 3rd 2020 was this an illegal stop

Howard E. Knispel
Howard E. Knispel answered on Dec 15, 2021

If your inspection sticker expired after March 31, 2020, you had until 12/1/2020 to get your inspection. But you needed to go to court to fight it. You could try to reopen the case. Contact a local attorney.

2 Answers | Asked in Criminal Law for New York on
Q: Hello my 18 year old son and his friends were walking around kings park abandoned buildings and got a ticket trespassing

What is the fine

Stuart Austin
Stuart Austin answered on Nov 16, 2021

The fine is not as important as the fact that the charge is either a misdemeanor (a crime) or a violation. Both of which can affect things like financial aid, immigration status or even a job application or interview. The level of crime or violation will depend on whether the trespass occurred in... Read more »

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1 Answer | Asked in Criminal Law, Personal Injury, Civil Litigation and Civil Rights for New York on
Q: Can i sue if for excessive force if i get an acd or do i need a straight dismissal

I went to pick up an order of protection that was on me the sheriff told me i had to fo to a beooklyn precint and handed me the oop i then told him i spoke with an officer the day of the occurrence he slammed his handcuffs on me causing me to bleed i told him he hurt me and he squeezed harder on... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik answered on Nov 8, 2021

You can sue the police officer for excessive force regardless of whether the criminal complaint against you is dismissed or adjourned in contemplation of dismissal. One has nothing to do with the other. Here's an article I found online which you might find useful.... Read more »

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