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New York Criminal Law Questions & Answers
0 Answers | Asked in Criminal Law, Federal Crimes and White Collar Crime for New York on
Q: Settle, medical pretrial divergement, or go to trial?

I have a federal charge of 1 count of "cyber stalking". I have no prior arrests or convictions.

I allegedly sent a bunch (10) of mean, childish emails to my ex-boss and allegedly made a fake profile of him on social media allegedly calling him names to an ex-boss who terminated... Read more »

0 Answers | Asked in Criminal Law and Child Custody for New York on
Q: A man signed my birth certificate who isn't my father.both my mother and him knew he wasn't my father. What can I do?

I was born in NY. They did divorce in 1982. Part of the agreement was a 2 week visit. My sister and I went but he never brought my sister back. Kidnapped her. My mother passed away never seeing her daughter again. Throughout my life he never did anything for me. I'm older now. But I believe... Read more »

0 Answers | Asked in Criminal Law and Child Custody for New York on
Q: A man signed my birth certificate who isn't my father.both my mother and him knew he wasn't my father. What can I do?

I was born in NY. They did divorce in 1982. Part of the agreement was a 2 week visit. My sister and I went but he never brought my sister back. Kidnapped her. My mother passed away never seeing her daughter again. Throughout my life he never did anything for me. I'm older now. But I believe... Read more »

0 Answers | Asked in Criminal Law and Immigration Law for New York on
Q: How common are malicious prosecutions, especially on immigrants and people of color?

How can it affect their residency status in the US?

0 Answers | Asked in Criminal Law for New York on
Q: What makes a homicide case in the Bronx take over 1,800 days to initiate the first opening statement?

I’m a student working on a coverage of a homicide case in the Bronx Criminal Court, NY. It’s a 2017 case and surprisingly the first opening statement of this case will be on tomorrow— after over 1,800 days of delay. I know after covid the court calendar is extremely jammed. But what about the... Read more »

0 Answers | Asked in Criminal Law for New York on
Q: When and how do you bring up precedents to the court?

Is it through a motion or a point of order or similar, and is it before the main hearing? I don’t need legal assistance or anything, I just like learning about law. Thank you!

1 Answer | Asked in Criminal Law, Employment Law, Personal Injury and Libel & Slander for New York on
Q: IIED

Can I sue someone for IIED if the person I was having a conversation with recorded the conversation (a conversation in which I was saying bad things) and this person sent the tape of the conversation to my boss, which then led to me being fired?

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Sep 9, 2022

The actions of person who recorded your statement, although perhaps unethical, does not rise to the level required to bring an action for intentional infliction of emotional distress. Conduct that could support such a lawsuit must be so extreme and outrageous as to go beyond all possible bounds of... Read more »

0 Answers | Asked in Criminal Law for New York on
Q: Can a criminal case be dismissed if the place, date and time contained in the deposition of warrant of arrest is wrong?

The deposition of the warrant of arrest alleges that I picked up a wallet at a totally different location then the actual crime. And they know it because they have surveillance footage of me picking up the wallet at a time and place other then what's alleged in the deposition of the warrant... Read more »

0 Answers | Asked in Tax Law, Criminal Law and Real Estate Law for New York on
Q: My property & home is considered "homestead" per prop tax. Can it be used for bail bond? Ark:says no seizure/sale debt

Arkansas law states it can not be used in sale of a debt or seizure. Does bail bond fall under that category?

0 Answers | Asked in Criminal Law for New York on
Q: Can my criminal case be dismissed as the evidence doesn't support the time, date & place alleged in the deposition.

I was arrested for theft of a wallet. The sworn deposition of the warrant of arrest alleges that I picked up someone's wallet at a McDonald's location at 11:30pm on December 27th 2021. However, surveillance footage shows that this crime actually took place at a casino and not a... Read more »

0 Answers | Asked in Criminal Law for New York on
Q: Do I have grounds to dismiss my criminal case if the evidence fails to support the deposition of the warrant of arrest?

I was arrested for theft of a wallet. The deposition of the arrest warrant alleges that I picked up someone's wallet at a McDonald's on December 27th at 11:30pm. However, the surveillance evidence they have supporting the deposition is of me picking up someone's wallet at a... Read more »

2 Answers | Asked in Criminal Law and Domestic Violence for New York on
Q: How do I get an ongoing Criminal Court Order of Protection dropped by an ADA?
Mary Theresa Colwell
PREMIUM
Mary Theresa Colwell
answered on Sep 2, 2022

Once the State had brought charges, the prosecution of the case is in their hands despite you asking to drop it. However, if you contact the ADA handling your matter or the court’s victim advocate, you can request the charges be dropped or reduced to a violation without an OOP as a condition.... Read more »

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1 Answer | Asked in Criminal Law and Federal Crimes for New York on
Q: Penalties for violation of the Federal, Food, Drug, and Cosmetic Act(FDCA), 21 U.S.C. Subsection 331(A)?

In receipt of psilocybin, microdose, from Canada to New York. The package was confiscated at US Customs but repackaged and delivered to the residence. Then a few days later a notice was received saying, ..."You will be receiving correspondence from our fines, penalties, and forfeitures branch... Read more »

Victor M. Feraru
Victor M. Feraru
answered on Sep 1, 2022

You should definitely be consulting an attorney. This appears to be what is known as a controlled redeliver.

1 Answer | Asked in Criminal Law and Civil Rights for New York on
Q: Can I sue a city or a state for a civil rights violation, or a prosecutor?

The case is a minor traffic accident. The prosecutor filed charges based on here say. They know the witness, keeps lying to everyone about what happened, and have done nothing. And the prosecutor, attached somebody else’s juvenile record to my file. Because we’re both Hispanic, and have the... Read more »

Michael Arbeit
Michael Arbeit
answered on Sep 1, 2022

What county and courthouse is the case pending at? What are you being charged with? Consult with an experienced criminal defense attorney for proper representation immediately.

0 Answers | Asked in Criminal Law for New York on
Q: I have some misdemeanors on my record that I want expunged but I was told I can't because I plead guilty to them

I was to complete classes and because I didn't start when I should, when I went in front of the judge they put the misdemeanors on my record. The charges consist of simple battery, obstruction and a few others. Although they're misdemeanors, they are violent and it's been hindering... Read more »

1 Answer | Asked in Criminal Law for New York on
Q: There’s an order of protection placed, then the person has a change of heart and trying to withdraw it, how this be drop
Victor M. Feraru
Victor M. Feraru
answered on Sep 1, 2022

It depends on whether this is a civil or criminal order. The answers really depend on a lot of factual circumstances and the venue it's placed in.

1 Answer | Asked in Criminal Law, Civil Rights, Federal Crimes and Landlord - Tenant for New York on
Q: What shall I do?

I am considering to take a legal action against my tenants on 1st floor in my rental house (legal 2-family) due to tenants behaviors as follows:

- Repeatedly using my private garage without my permission;

- Repeatedly opening my private letters, and sealed them back;

-... Read more »

Elaine Shay
PREMIUM
Elaine Shay
answered on Jul 25, 2022

If your tenants do not have the protection of an unexpired current lease and are not rent regulated, you may commence a holdover proceeding to recover possession of the apartment. Strongly recommend retaining an experienced landlord/tenant attorney to assist you with the process.

1 Answer | Asked in Criminal Law and Contracts for New York on
Q: Is small claims court worth it and can i press charges for fraud?

I have a hand written contract signed by myself and the other party. The contract states I made a down payment of $2300 for concrete work on my property. The check was cashed and in the memo it states it's for a concrete patio. That was in may and no work has been done. I just keep getting... Read more »

Gary Lane
Gary Lane
answered on Jul 13, 2022

How much cash are you out? If it is within the limits of small claims court, it would make sense to sue that way, YES.

1 Answer | Asked in Criminal Law and Family Law for New York on
Q: Is it illegal for my 5 year old son to be naked outside in New York State
Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Jun 16, 2022

There are three penal statutes that proscribe exposure of “intimate” parts of a person:

Exposure of a Person (Penal Law Section 245.01),

Public Lewdness (Penal Law Section 245.00), AND

Public Lewdness in the First Degree (Penal Law Section 245.03).

Exposure of a...
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