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New York Criminal Law Questions & Answers
0 Answers | Asked in Criminal Law for New York on
Q: Can I get in legal trouble for visiting the home of someone who could be/has been charged for a crime related to drugs?

I have a friend whose step-father has a bad history with drug use. He overdosed last year, but as far as she knows he is no longer using. However, if he were to still be using, or even selling and I was on the premises at the time that the cops came to arrest him, would this event be listed on my... View More

1 Answer | Asked in Criminal Law and Federal Crimes for New York on
Q: Would I have to go to jail for an illegal loan?

I live in NY where payday loans are illegal. I was so desperate and needed money. I used the address

of a shipping company in Delaware that has virtual PO boxes. I borrowed 4 loans, a total of $5,000. It seems like a lot but it barely scratched the surface. It was a very poor decision and I... View More

Aubrey Claudius Galloway
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answered on Jul 23, 2024

Don’t bring anything up with the DA/AG. Pay the loan back and if you cannot, contact the company to modify it/make a payment plan. They have way bigger fish to fry.

0 Answers | Asked in Criminal Law for New York on
Q: My gf broke up with me but still wants to see me we both are 18 but her parents don’t know about my occurrence. crime?

She invites me over to her house and allows me inside

1 Answer | Asked in Criminal Law, Domestic Violence, Family Law and Real Estate Law for New York on
Q: What rights do I have to remove an unwed domestically violent co-owner from the deed, when he has the mortgage?

I can prove that without my money, he wouldn't have gotten the mortgage.

Peter Christopher Lomtevas
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answered on Jul 21, 2024

The rights the asker has to remove an unwed domestically violent co-owner from her deed is a partition action in Supreme Court. That requires a lawyer's assistance to file all the correct paperwork with the court and proceed through trial if necessary. The domestic violence is irrelevant. The... View More

0 Answers | Asked in Criminal Law for New York on
Q: Can i be charged with blackmail if i reach out to a man’s friends, family, and work about what he did to me?

i found the identity of a man who i chatted online with and originally hid his identity. we had a sexual relationship over text. he lied about having cancer for sympathy and he asked me to commit beastiality (i did not). i want to confront him in person and i want a face to face apology. am i... View More

0 Answers | Asked in Criminal Law, Civil Rights and Legal Malpractice for New York on
Q: I am in a case against my ex . His lawyer went to the police and told them not to take my calls seriously.

I got a protection from abuse against the plaintiff previously. His harrassing and threating nature continued during child exchange so I had to call the police. His lawyer openly admitted that she went to the police and told them not to take my calls seriously. The lawyer and the plaintiff are... View More

0 Answers | Asked in Criminal Law for New York on
Q: I am a registered sex offender. I commited the crime in 1996. I have been off of probation for 13yrs. Is there anyway to

Have my name taken off the data base. That was my only conviction.

2 Answers | Asked in Criminal Law, Family Law, Immigration Law and Domestic Violence for New York on
Q: How can I not commit possession if I find drugs in my abusive husband's belongings from before the order of protection?

I have an order of protection against my abusive husband.

I am not a citizen and I might apply for naturalization soon.

I am worried about the Good Moral Character requirement.

I suspect that I might find drugs and I want to make sure not to be committing possession in... View More

Aubrey Claudius Galloway
Aubrey Claudius Galloway pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 12, 2024

You’re not committing possession if you bring the drugs to the local police department and tell them where you found them. Either that or you dispose of them properly (I don’t know what type of drugs they are, but use your head).

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2 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Libel & Slander for New York on
Q: Can I be arrested by local cops if an altercation happened on Indian owned land?

Feb 24th I went to the Native American owned gas station. Got gas. Went to a regular store to get cigarettes and my card was declined because the Indian gas station put a hold on my card. I went back to the gas station asked why they put a hold on my card and they said it was my bank not them. But... View More

Aubrey Claudius Galloway
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answered on Jul 8, 2024

My initial answer is that local police do not have the power (lack of jurisdiction) to arrest you for this, but there are complexities in the law. Here is my attempt to explain them.

The ability of local police to arrest someone for an alleged crime like assault that occurred on Native...
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1 Answer | Asked in Criminal Law and Civil Rights for New York on
Q: Is this legal is this double jeopardy

1996 I caught a sex offense I did 3 years on probation one year in jail in the state of Florida fast forward 30 years I moved to Chemung County New York I got a misdemeanor trespassing charge to which they attached sex offender conditions for because the judge did not believe the State of Florida... View More

James L. Arrasmith
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answered on Jun 29, 2024

I can offer some general information that may be helpful:

1. Double jeopardy typically applies when someone is tried twice for the same offense. In your case, it seems you're dealing with a new charge (trespassing) in a different state, so double jeopardy likely doesn't apply...
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1 Answer | Asked in Criminal Law for New York on
Q: How much does it cost to review a case ?
Aubrey Claudius Galloway
Aubrey Claudius Galloway pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 26, 2024

With me generally nothing. Although if it involves some research or extensive document review, I will charge my regular hourly rate. But I offer a free consultation.

1 Answer | Asked in Criminal Law and Federal Crimes for New York on
Q: I recently completed my federal supervision. Can I petition the judge to put me back on supervision?

I don't feel comfortable with this after 20 years of both prison and supervision.

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 21, 2024

You can petition the judge to request a change in your post-supervision status. Judges can consider requests based on personal circumstances, but it's important to present a compelling case. Detail your concerns and how continued supervision might help you adjust.

Consult with your...
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2 Answers | Asked in Criminal Law for New York on
Q: I got an email from google saying information related to my account has been subpoenaed by the FBI

I recently reported someone to the FBI and today my google account got subpoenaed by them and a federal court , I’m unsure on what it means

Aubrey Claudius Galloway
Aubrey Claudius Galloway pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 26, 2024

The same thing happened to me in college when I was downloading music illegally from Napster. Nothing happened. As long as there is nothing illegal on your Google account, I wouldn’t worry about it. Chances are they’re not even going to execute the subpoena and look at it, but if they do, you... View More

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1 Answer | Asked in Criminal Law, Civil Rights and Libel & Slander for New York on
Q: Is a redacted police report indicative of a cover up of a crime committed by another?

I had someone file a false police report about me accusing me of domestic violence. When I requested a FOIL of the police reports, it came redacted . It involved going through an appeal process by our town mayor to get an unredacted version

James L. Arrasmith
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answered on Jun 21, 2024

I understand you're asking about the implications of receiving a redacted police report in response to your Freedom of Information Law (FOIL) request. Let me address your question:

1. Redaction itself is not necessarily indicative of a cover-up. There are legitimate reasons why...
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4 Answers | Asked in Criminal Law, Employment Law, Personal Injury and Cannabis & Marijuana Law for New York on
Q: Coworker knowingly drugged coworker at work and boss is trying to sweep it under the rug

Worker A was given a candy as they left for the day by Worker B. Worker B did not tell Worker A that the candy was laced with THC. Worker A was hospitalized 2 days for drug toxicity. The manager for both workers is trying to prevent and coerce Worker A to not report anything and to pay her own... View More

Aubrey Claudius Galloway
Aubrey Claudius Galloway pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 2, 2024

Worker A has a civil cause of action for battery against worker B, as worker B intended to cause harmful of offensive contact and did cause harmful or offensive contact. Giving the candy over satisfies the prong for "contact". There may be criminal liability too, but worker A should hire... View More

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1 Answer | Asked in Criminal Law for New York on
Q: 2b felonies for "giving" a c.i.an opiate for free.led to a house search warrant .the search took 2 months to execute

They found a percaset misdemeanor possession in the house.so should a person challenge the violation of the warrant ?and can a successful suppression of the warrant in the house ,help with the 2 alleged sales prior to the search warrant?

Aubrey Claudius Galloway
Aubrey Claudius Galloway pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 26, 2024

Your lawyer can try to suppress the evidence by having a suppression hearing.

To suppress evidence found during a search of a house, the defense attorney may argue the following points:

1. Invalid Search Warrant: The defense could argue that the search warrant was invalid. This...
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1 Answer | Asked in Criminal Law, Federal Crimes, Civil Litigation and Gov & Administrative Law for New York on
Q: How to motion a venue to get a criminal investigation done by NYSTroopers?

The Chief of police will not transfer the case. Numerous requests made. The crime has not been investigated due to corruption and Misconduct within the police department.

James L. Arrasmith
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answered on Jun 22, 2024

To request a criminal investigation by the New York State Troopers when a local police department is not cooperating, you can take the following steps:

1. Document everything: Keep detailed records of the crime, your interactions with local police, and reasons for suspecting corruption or...
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1 Answer | Asked in Criminal Law for New York on
Q: I was flagged down by a family on the side of the road whose driver claimed he was from Dubai and he...

lost his wallet. To make a long story short, I ended up giving him more than $1,000. At one point, he left a fake Rolex watch in my car. I later learned the watch was fake, thus confirming that I really had been swindled.

I want to file a police report, but they are claiming this was an... View More

Aubrey Claudius Galloway
Aubrey Claudius Galloway pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 26, 2024

This is a civil issue. File a claim against him in small claims court for the $1000 plus fees and expenses.

1 Answer | Asked in Criminal Law for New York on
Q: Why would someone still be in custody a week after being booked on probation violation
Matthew J. Galluzzo
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Matthew J. Galluzzo
answered on Jun 7, 2024

A person could definitely be detained without bail on a probation violation. It would depend upon the seriousness of the violation, the apparent strength of the evidence of the violation, and the person's overall track record on probation.

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