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New York Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and White Collar Crime for New York on
Q: Legal options for grand larceny & coercion charges in NY?

I am looking for legal advice regarding a situation in New York where an elderly man gave a young lady money regularly to prevent her from informing his wife and the police about an inappropriate incident. The young lady is now facing charges of grand larceny and coercion and awaiting indictment.... View More

Stephen Bilkis
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answered on Mar 20, 2025

This is a serious legal matter, as grand larceny and coercion are both significant criminal charges in New York. Since the young woman already has legal representation, her attorney will be the best person to assess her case based on the specific evidence, witness statements, and any mitigating... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Constitutional Law and Criminal Law for New York on
Q: How can I address the court's failure to honor a 440.20 motion and my Sixth Amendment rights in NY?

I was incarcerated and filed a successful motion under 440.20, but the lower court did not respect the high court's decision, and I was left in jail. I later filed an appeal with new evidence, and the Court of Appeals ruled in my favor, directing the lower court to bring me back down and put... View More

Charles Holster
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answered on Mar 17, 2025

In order to answer your question, I would have to review the ENTIRE file for your case, from day one until the present. If you are interested in retaining me for that purpose, please have someone assemble the COMPLETE file and bring it to my office. Once I see how large the file is, I will be... View More

0 Answers | Asked in Criminal Law and Civil Rights for New York on
Q: Can empathizing with a suicidal friend have legal implications in NY?

I have been empathizing with a friend via text who is also suicidal. I've told them "I understand" after they shared their plans, and I also told them that I am suicidal. However, I did not directly support or encourage any actions. I live in New York and I'm concerned about... View More

0 Answers | Asked in International Law, Criminal Law and Gov & Administrative Law for New York on
Q: Can Nigeria sue me for complicity in a romance scam via a class action lawsuit?

Can a foreign government, such as Nigeria, sue me in a class action lawsuit for allegedly being involved in a romance scam from 2017 to 2020? I cut ties with the scammer, but I was informed that the scammer named me to the Nigerian government as being complicit. I haven't received any official... View More

2 Answers | Asked in Child Custody, Child Support, Criminal Law and Civil Litigation for New York on
Q: Can criminal charges arise from receiving child support after losing custody in NY?

In one county, a woman lost custody and parental rights to her child, who was then moved to another county. Despite this, she continued to receive child support from the father in the first county, as the court was unaware of the custody change. The child support order continued for over 17 years,... View More

Howard E. Knispel
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Howard E. Knispel
answered on Mar 16, 2025

A person can not go to jail simply for receiving child support under a valid child support order. However if the person lied under oath in court about where the child lives, whether the child was emancipated or if service of process was validly effectual, those are criminal perjury.

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0 Answers | Asked in Legal Malpractice and Criminal Law for New York on
Q: Is it legal for my lawyer to waive Speedy Trial time without my knowledge?

I recently discovered that my lawyer signed a waiver to stop the Speedy Trial time without my knowledge because he believed it was in my best interest. The state had six months to indict me. Is it legal for my lawyer to make such a decision without informing me first?

2 Answers | Asked in Criminal Law, Civil Rights and Employment Law for New York on
Q: Assault on NY college campus 6 months ago: legal options now?

I was assaulted in my dorm on my college campus in New York about six months ago. I wasn't ready to report it immediately, but I did write about the incident in my diary and told a few people, including a counselor who facilitated a room change. I've attended counseling sessions since... View More

Stephen Bilkis
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answered on Mar 12, 2025

I’m sorry to hear about the assault you experienced. In New York, you still have legal options to pursue a case, even though six months have passed since the incident. However, the legal process can be complex, and there are a few things you should consider moving forward.

First, it’s...
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2 Answers | Asked in Criminal Law for New York on
Q: Why request a 30-day seal if the case was dismissed with prejudice?

I had a charge of criminal possession of a loaded firearm in Kings Supreme Court, which was dismissed due to the 30/30 rule with prejudice. The district attorney requested a 30-day seal. Why would they request this seal if the case was already dismissed with prejudice?

Stephen Bilkis
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answered on Mar 12, 2025

I understand your confusion about why a 30-day seal would be requested after your case was dismissed with prejudice. It’s important to clarify the concepts involved and the purpose of such a request.

First, let's break down the terms involved:

Dismissed with prejudice: When a...
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1 Answer | Asked in DUI / DWI and Criminal Law for New York on
Q: Maximum punishment for DWI with three prior convictions in New York?

I was charged with a DWI in New York and have three prior DWI convictions, all from more than ten years ago within the state. What is the maximum punishment I might face for this recent charge?

Stephen Bilkis
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answered on Mar 11, 2025

In New York, driving while intoxicated (DWI) is taken very seriously, especially when the individual has prior DWI convictions. Since you have three prior DWI convictions, your recent charge will likely be classified as a felony under New York State law, specifically as a Class D felony charge for... View More

1 Answer | Asked in Criminal Law and Civil Litigation for New York on
Q: Explanation needed for court ruling in criminal case regarding judgment in absentia and objections.

I filed a criminal case against someone for seizing money by force. The court has now ruled to consider the objection submitted by a person of Pakistan nationality and treat the judgment in absentia as if it had not been issued, obliging the person to pay court fees. This ruling was made on... View More

Stephen Bilkis
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answered on Mar 11, 2025

In your case, it appears that the court has issued a ruling regarding a judgment in absentia, which means a judgment was made without the presence of the defendant in court. When a defendant is absent from court, a judgment can still be rendered if they have been properly notified of the... View More

1 Answer | Asked in Criminal Law and Civil Rights for New York on
Q: Can I admit I lied in a police report about my father hitting my brother as a minor?

I was a minor when my father forced me to lie to the police about an incident where he hit my brother, who was 23 at the time. I lied on the police report, but now that the court case has ended and I've been kicked out of my father's house, I want to admit that I lied and tell the truth.... View More

Stephen Bilkis
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answered on Mar 12, 2025

I’m sorry to hear about the difficult situation you’ve experienced. In New York, the decision to come forward and admit that you lied in a police report is significant, and there are several factors to consider when deciding how to proceed.

First, it's important to understand that...
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1 Answer | Asked in Criminal Law and Consumer Law for New York on
Q: Concern about consequences after shoplifting incident at Home Depot.

I was caught shoplifting at Home Depot a month ago, but no police were called. They took a copy of my photo ID and said the item would cost me 3 times its worth and to expect something in the mail, but I haven't received anything yet. I'm concerned because I've visited that location... View More

Stephen Bilkis
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answered on Mar 12, 2025

I understand your concern about the shoplifting incident, and it’s important to approach this situation carefully. In New York, shoplifting, also known as larceny or petit larceny, is a criminal offense that can have significant consequences. However, the specific details of your case, such as... View More

0 Answers | Asked in Criminal Law, Constitutional Law and Legal Malpractice for New York on
Q: Does a lawyer need to disclose a client's vigilante identity in a NYC murder trial?

If a person on trial for murder in New York City is discovered by his lawyer to be a vigilante, and this information is not related to the defense strategy nor known to anyone else, does the lawyer have an obligation to disclose this information to the judge and prosecution, especially if the... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for New York on
Q: How much time do I have to file a civil rights case after a Fourth Amendment violation?

I believe my Fourth Amendment rights were violated on October 4, 2024, when public safety officers beat me, refused to give me water, and scarred my face. I'm currently involved in a criminal case related to dumpster diving, which is being handled by a public defender. I haven't taken any... View More

Stephen Bilkis
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answered on Mar 12, 2025

I'm sorry to hear about the mistreatment you experienced, and I can understand how distressing it must be to feel that your rights were violated in such a serious way. In New York, the legal timeframe for filing a civil rights lawsuit related to a Fourth Amendment violation, such as excessive... View More

1 Answer | Asked in Criminal Law for New York on
Q: Meaning of "motion disposed granted" in gun charge case.

What does it mean when a motion filed by the prosecution related to a gun charge before trial in a criminal case is "disposed and granted"? I'm trying to understand its implications on the case.

Stephen Bilkis
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answered on Mar 12, 2025

I understand that navigating the legal process can be confusing, especially when it comes to terminology that’s unfamiliar. When you hear the term "motion disposed and granted" in your gun charge case, it’s referring to a decision made by the court regarding a motion filed by the... View More

0 Answers | Asked in Domestic Violence and Criminal Law for New York on
Q: Falsely accused boyfriend, seeking steps to retract and resolve probation violation in NY.

I've falsely accused my boyfriend of domestic violence (specifically choking), which resulted in his arrest and a probation violation. He is currently held without bail. I've attempted to retract my statement at the police precinct, but they denied my request and said it couldn't be... View More

0 Answers | Asked in Criminal Law for New York on
Q: Did I commit a crime? Will they come after me? What crime did I commit?

I solicited a man in New York City to coordinate a sex party including drugs. We texted for a few weeks. Planning and talking about who etc. We also talked about drugs and how they would be used. The week before it was supposed to happen I cash apps him $500. Then the next day I got a call from him... View More

1 Answer | Asked in Criminal Law and Civil Litigation for New York on
Q: How to represent myself in an assault case with no witnesses?

I am representing myself in an assault case involving multiple people, where I was attacked after coming out of a party. I have identified one person who I am taking to court, but I don't have any witnesses. What strategies might work in my favor, and what should I avoid during the trial?

Stephen Bilkis
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answered on Mar 12, 2025

I understand how challenging it can be to represent yourself in a legal case, especially when it involves an assault and no witnesses to support your side. While it's always advisable to have legal representation, there are steps you can take to increase your chances of presenting a strong... View More

1 Answer | Asked in Criminal Law for New York on
Q: Can they charge my felon husband for a gun found during a drug search?

My husband, who has a prior felony, was served with a search warrant for drugs, which was the only item listed on the warrant. While he was downstairs, they found a gun upstairs and did not allow him to stay upstairs during the search. Can they legally charge him for the gun?

Stephen Bilkis
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answered on Mar 11, 2025

In New York, the circumstances surrounding the search and the discovery of the gun in your husband's case are important to understand, especially since he has a prior felony conviction. Generally, if a person has been convicted of a felony, they are prohibited from possessing firearms under... View More

1 Answer | Asked in Civil Rights, Libel & Slander, Criminal Law and Civil Litigation for New York on
Q: Am I required to return a police officer's call regarding a review I left about a business posting fake reviews?

I left a review on a business website, highlighting that the owner and their friends posted fake 5-star reviews. In my review, I warned customers about using credit cards with this business and accused the owner of being a scammer. I informed the owner I would report them to the FCC and that I am a... View More

Jack Mevorach
Jack Mevorach
answered on Mar 2, 2025

You might as well.

Jack

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