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New York Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law, DUI / DWI and Gov & Administrative Law for New York on
Q: Can probation hold my license hostage even tho I had a probation revoked, finishing my time in jail

Probation being revoked states the case goes back to original sentencing. Even if I was on probation the court would be the one to order my license being held. I've talked to 2 supervisors at probation and they are holding my license and will not show proof of why after years this is being... View More

Michael S Pollok
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answered on Nov 16, 2024

Your lawyer should write a letter to the judge and ask him/her to order probation to return your license. You may also be able to clear your license with the DMV and simply get a new license from them if your statutory revocation period has ended and you are no longer on probation supervision.

0 Answers | Asked in Criminal Law for New York on
Q: Hello! I’m in NY. Would there be potential for a charge if I splashed water at someone who is being homophobic to me?

Essentially just splashing water on someone who is being homophobic to me in public, verbally not physically.

0 Answers | Asked in Criminal Law and Federal Crimes for New York on
Q: Hello. My sister has my SSN and is threatening to use it to file a false report of ID theft against me

She has sent the threat to me in the form of a WhatsApp Note a few days ago. I am not entirely sure but I THINK her threat is in response to an email that zi had sent to OIG, concerning my sister withholding my mother's SSA payments since 2016.

0 Answers | Asked in Criminal Law for New York on
Q: I am based in the New York City area and I am actually want different representation from the legal aid society

Q: Hello I am based in the New York City area and I am actually want different representation from the legal aid society

I'm currently dealing with an attorney who has been handling my case in a "frivolous" manner. Now I am aware that I am dealing with a public defender who... View More

0 Answers | Asked in Criminal Law, Civil Litigation, Civil Rights and Landlord - Tenant for New York on
Q: Is it legal to record one of my roommates in our shared room if she threatens mine and my other roommate's life in NY?

I currently live in a homeless shelter, there have been ongoing problems with a roommate to which I have brought up to management many times. Over this weekend well management was not there is she flipped out and started yelling at my other roommate and I and even threatened to murder us. I know... View More

0 Answers | Asked in Criminal Law for New York on
Q: Hello, I am wondering how someone in New York with a lengthy criminal history,( 28 arrests, including 1 for murder),

Could be continuously passing background checks?

2 Answers | Asked in Contracts, Criminal Law, Civil Rights and Legal Malpractice for New York on
Q: I'm looking for a walk in law office regarding representation.
Carl Nelson
Carl Nelson
answered on Nov 6, 2024

You’re in luck, the world is full of them. You can do a Google search or contact your local bar association.

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1 Answer | Asked in Criminal Law and Domestic Violence for New York on
Q: If I have a family court order that says my fiancé and I can be together does that supersede county court like criminal?
Stephen John Riebling
Stephen John Riebling
answered on Nov 4, 2024

If a criminal court has issued an Temporary or Permanent Order of Protection, then you will need to see if that Order of Protection can be modified by a subsequent order of the Family Court. It is usually either written or "checked" on the Order of Protection. If the Order of Protection... View More

0 Answers | Asked in Criminal Law for New York on
Q: A friend of mine has been brought up on criminal charges, her appearances are at the same court where she was employed.

She interacted with all parties involved in her case during her tenure at the court, many were her direct co-workers. it has become quite apparent that many parties involved in her case, including her lawyer have already formed opinions about her as a person and about her case in general. Her... View More

0 Answers | Asked in Education Law and Criminal Law for New York on
Q: Should I keep my son in the same school?

Me and another parent got into a physical fight the only problem is her son and my son goes to the same school and they are in the same class the school weren't involved and nobody was arrested but police were called while I was leaving should I be worried what can I do to be sure about me and... View More

1 Answer | Asked in Education Law, Personal Injury and Criminal Law for New York on
Q: Is there a way I can sue NYS for neglect if they paid for my boarding school and I was abused there?

I wa sent to a boarding school now shut down by FEDS for abuse etc and they forged documents there to get the NYS BOE to pay for me being there. I never once met with Anyone from the BOE they had a special education plan fore me which was not followed at all this boarding school took me out of... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Oct 28, 2024

Sorry to hear what happened to you. The Child Victims Act created a window in which to bring lawsuits against entities such as the DOE (or perhaps the boarding school) for abuse you experienced as a minor. Unfortunately, the deadline by which to bring any such lawsuit expired in November 2023.... View More

1 Answer | Asked in Criminal Law and Federal Crimes for New York on
Q: How long of a sentence would my boyfriend actually serve?

My boyfriend was sentenced to 6 years in New York State for Criminal Possession Contr Sub-3rd:Narc Drug Intent To Sell. This is his first offense, if on good behavior what percentage of his sentence would he actually have to serve? Is there any programs for him to do to get early release? He also... View More

James L. Arrasmith
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answered on Oct 29, 2024

I'm sorry to hear about your boyfriend's situation. In New York State, for a first-time offense like Criminal Possession of a Controlled Substance in the third degree with intent to sell, a six-year sentence could see reductions for good behavior. Typically, inmates may be eligible to... View More

1 Answer | Asked in Criminal Law for New York on
Q: Hello, my brother was attacked while in custody at Cayuga Correctional, he is now deformed -does he have a case?

wondering how to go about getting someone to represent my brother, can someone advise further? TY so much

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Oct 29, 2024

Sorry to hear what happened to your brother. Whether he has a case will depend on whether his attack was foreseeable and therefore preventable. A sudden, spontaneous attack that could not have been foreseen, no less prevented, does not give rise to any legal liability on the part of the State.... View More

1 Answer | Asked in Criminal Law for New York on
Q: What are my rights? Search warrant for drugs from 1 control buy 4 months ago and corners of baggies with residue

House raided found 3 grams and a gun but only searched a quarter of the house and left drugs behind now trying to give me 5 years for a gun charge and no talk about the drugs how is that right and what are my rights because they wouldnt have found gun if werent raiding for drugs but now drugs dont... View More

Michael S Pollok
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answered on Oct 17, 2024

Well the prosecutor has the discretion to decide what charges you would be required to plead guilty to in a plea bargain. The most serious charge is presumably the gun count and they are offering you a plea bargain where you plead to criminal possession of a weapon and they will drop the drug... View More

2 Answers | Asked in Criminal Law, Federal Crimes, Tax Law and White Collar Crime for New York on
Q: How do I know if I have any criminal charges against me
Ralph Behr
Ralph Behr pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 15, 2024

Visit or call your local police department or sheriff's office. They often maintain public records and can let you know if there's an outstanding warrant or charge in their jurisdiction.

Check Court Records:

Many states and counties have online court databases where you...
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1 Answer | Asked in Criminal Law for New York on
Q: Will my friend make parole on her 4th time? she's already been denied 3 times. Sentence is 2 1/2-7.

She went away in 2022 and her next board is may 2025. She completed shock, all her programs and has zero disciplinary tickets. She is just looking for an opinion on if this 4th parole hearing may go in her favor. She and I understand that the lawyers on here dont have the case in front of them so... View More

Michael S Pollok
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answered on Oct 2, 2024

Well something in your question doesn't make sense to me. You state that she competed the Shock Incarceration Program. If that is the case, she should have been released upon successful completion of the six month Shock program. It sounds like she did not complete Shock successfully and that... View More

1 Answer | Asked in Criminal Law and Traffic Tickets for New York on
Q: Does the supporting deposition have to be served to me?

l

Zev Goldstein
Zev Goldstein
answered on Sep 26, 2024

If you hired a lawyer, you should really address all questions to him/her.

Assuming you don't have a lawyer, there is a lot of case law on where the supporting deposition gets served by mail.

If you have a lawyer on file with the court, the supporting deposition has to be...
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1 Answer | Asked in Criminal Law and Family Law for New York on
Q: If I had an order of protection placed upon someone when i was 17, can i get it removed now that i am 18.

It was due to an altercation between my ex girlfriends dad and I, i want to know if i can get it removed now so i can try and mend relationships with him.

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 15, 2024

We cannot answer this question.

In New York, there are two types of orders of protection: the family court (civil) order of protection, and the criminal court (criminal) order of protection. The Fed pays gobs of money for domestic violence prosecutions, and New York gobbles up the money and...
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1 Answer | Asked in Criminal Law and Constitutional Law for New York on
Q: Can Mike still purchase a legal firearm from a different state if his state, NYS, denied him during a background check

My friend Mike found people had broken into his dead uncle's house, so he took both weapons he knew were there so that they could not be used on an innocent by standard or the police and left. He tells his neighbor to call the police. When they arrive, they force my friend to the ground at gun... View More

James L. Arrasmith
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answered on Sep 24, 2024

If your friend, Mike, was denied a firearm purchase in New York State after a background check, he won't be able to bypass that by trying to buy one in another state. Federal law requires background checks for gun purchases, and if he was denied in one state, the same information will likely... View More

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