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New York Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law, Traffic Tickets and Constitutional Law for New York on
Q: When stopped for a traffic violation can police detain me for failing to provide any ID? Any case law re: same?

After being stopped for a traffic violation (stop sign) a officer requested identification which was refused to be given. Officer stated that the driver can be held in custody until he was properly identified so that a traffic ticket could be issued. Eventually ID was given and the driver was... View More

James L. Arrasmith
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answered on Jan 11, 2024

In New York, when a police officer stops a driver for a traffic violation, the officer has the authority to request identification. This is to ensure that the driver can be properly identified for the purpose of issuing a traffic ticket. Refusing to provide identification can lead to further legal... View More

3 Answers | Asked in Criminal Law, Personal Injury and Education Law for New York on
Q: My 12 year old daughter was assaulted by another student at school. She has injuries. What type of lawyer should I call?

My daughter has a concussion,went to the hospital,and needs physical therapy.

Tim Akpinar
Tim Akpinar
answered on Jan 11, 2024

I'm sorry for your daughter's ordeal. In consulting with attorneys, learn if you are dealing with any notice of claim provisions - short filing deadlines that could arise in such cases. Also learn what evidence is available that is transient in nature, such as surveillance footage. I hope... View More

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1 Answer | Asked in Criminal Law and Identity Theft for New York on
Q: someone using my company's address to register their business without permission, what should I do?
T. Augustus Claus
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answered on Jan 10, 2024

If someone is using your company's address to register their business without permission, there are several steps you can take to address the situation. First, gather evidence of the unauthorized use, such as copies of the business registration documents listing your address. Then, contact the... View More

1 Answer | Asked in Federal Crimes and Criminal Law for New York on
Q: NY sentenced me to 2 years misdemeanor probation. I live in PA with my mother so they transferred me to PA but PA denied

Me sent it back to NY and I have to leave PA but I have no where to live in NY. What do I do?

James L. Arrasmith
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answered on Jan 13, 2024

If you're facing a situation where you've been sentenced to probation in New York but have been transferred to Pennsylvania and then denied probation in Pennsylvania, it's crucial to take several steps to address your predicament.

First, consult with your probation officer...
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2 Answers | Asked in Criminal Law for New York on
Q: If I spoke to a lawyer for a consultation and let him know I haven’t been charged can he tell the cops what i did

I spoke to a lawyer for a free consultation let him know I might have been in contact with an undercover for such and such isssue he asked me where how it happened my name my address all that stuff then sent me a contract to retain him but my question is can he go tell the cops so he gets my... View More

Marco Caviglia
Marco Caviglia
answered on Jan 10, 2024

If you spoke to him in the context of an attorney/potential client context, he is ethically bound to keep your information confidential even if you do not retain him. If he tells someone and that information reaches the police and you are arrested, the court, if it finds the incriminating... View More

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1 Answer | Asked in Criminal Law for New York on
Q: They are trying to give my sister 5 to 15 yrs for grand larceny where can I find a pro bono lawyer

They did not even go to grand jury

Tim Akpinar
Tim Akpinar
answered on Jan 6, 2024

Your sister should be advised by criminal defense attorneys, but your question remains open for almost a week. It's possible she could qualify for representation by a public defender, based on financial need. An experienced criminal attorney should be able to offer meaningful direction here.... View More

3 Answers | Asked in Criminal Law for New York on
Q: A detective said my name was implicated in an investigation. Wants me to come to the police station to answer questions

Am I obligated to go and answer his questions? Should I bring legal representation if I do go? And I think I might have a warrant for my arrest for unpaid speeding tickets. I'm not sure if I do

Ms. Norka M. Schell
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answered on Dec 22, 2023

First and foremost, it is essential to understand your rights and responsabilidades in this type of situation. In the United States, individuals have the right to remain in silence and the right to have an attorney present during police questioning. You are not obligated to go to the police station... View More

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2 Answers | Asked in Criminal Law, Immigration Law and Health Care Law for New York on
Q: Should I be concerned about signing the HIPAA waiver form in order for the defendant to be prosecuted?

I was assaulted and taken to the ER

T. Augustus Claus
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answered on Dec 21, 2023

If you were assaulted and taken to the ER in New York, signing a HIPAA waiver form may be necessary for the defendant to be prosecuted. The Health Insurance Portability and Accountability Act (HIPAA) typically protects your medical information, but in criminal cases, releasing certain medical... View More

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1 Answer | Asked in Criminal Law for New York on
Q: Accountants criminal intent

Good Afternoon, I recently consulted with an accountant regarding my and my husbands taxes and tax planning. During the course of the conversation, she suggested that she could set aside money for me by taking money from my families (my and my husband and children's trust) and place in a... View More

Marco Caviglia
Marco Caviglia
answered on Jan 10, 2024

Discuss with your husband and get a different accountant.

1 Answer | Asked in Criminal Law, Tax Law, Civil Rights and Federal Crimes for New York on
Q: What rights for I have to sue the SSA FOR SEVERE SADISTICALLY MOTIVATED HARASSMENT, AND THE ILLEGAL REMOVAL OF MY Job?

Removed my job, removed my payback to them stating that I didn't? I just got done paying them back! Massachusetts sent letters to NEW YORK STATE TEMP & DISABILITY OFFICE WHO HAS NOW STARTED HARASSING ME DENYING ME MY BASIC HUMAN RIGHTS TO SAFE SHELTER. WATER? IM A WHISTLE-BLOWER MASS... View More

James L. Arrasmith
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answered on Dec 25, 2023

Your situation sounds incredibly challenging and distressing. If you believe you are experiencing harassment and illegal actions by the Social Security Administration (SSA) or any other entity, it's important to take action to protect your rights.

Firstly, consider documenting all...
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2 Answers | Asked in Criminal Law and Traffic Tickets for New York on
Q: Will I face jail time

I got into an accident. I called the police and they tell me my drivers license is suspended due to an uninsured vehicle. I was not aware of this as I have an active insurance policy. I called the insurance company and they told me it was because of a two month gap I had in the middle of the year.... View More

Howard E. Knispel
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Howard E. Knispel
answered on Dec 13, 2023

It really depends on your history and the incident. Normally driving with a suspended license for the first time would not result in jail. You need to speak to an attorney.

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1 Answer | Asked in Criminal Law for New York on
Q: Can the government claw back money in a lawsuit against someone in a country refusing to extradite

Say for instance, someone commits fraud or a crime in the state of georgia

A plaintiff sues them even though they're in say, egypt or india or some other country hiding out with their stolen money

Is it possible for the person committing fraud to be put on trial/sued in a US... View More

James L. Arrasmith
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answered on Dec 12, 2023

Yes, it is possible for a person who committed fraud in the State of Georgia to be sued in a U.S. court, even if they are currently in a country that does not have an extradition treaty with the United States. The U.S. court can assert jurisdiction over the case if the crime or fraudulent act had... View More

1 Answer | Asked in Criminal Law for New York on
Q: My paid lawyer never objected when the DA kept postponing every time I went to court and I got indicted after 10 month

I got in to a fight with someone and broke his car window

James L. Arrasmith
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answered on Nov 29, 2023

If you're concerned about your lawyer's handling of your case, especially regarding the repeated postponements leading to your indictment, it's important to address this as soon as possible. An attorney is expected to act in your best interests, and that includes objecting to... View More

1 Answer | Asked in Criminal Law for New York on
Q: i got indicted in nys after 10 months and my payed lawyer said nothing

I got indicted for criminal mischief in the third I broke somebody’s window with a golf club, but the guy followed me back to my car and broke my nose with a gun the Da only has six months to indict me however, my lawyer is trying to tell me that’s not true. He’s the reason why I got indicted... View More

James L. Arrasmith
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answered on Nov 29, 2023

If you're concerned about the way your lawyer handled your criminal case, particularly regarding the timing of your indictment, it's important to address these concerns directly. In New York State, the District Attorney usually has six months to obtain an indictment on a felony charge,... View More

2 Answers | Asked in Criminal Law and Car Accidents for New York on
Q: Would this be murder?

If there is a car crash resulting from a drunk driver who dies on impact. The driver of the other vehicle exits the vehicle and assaults the other dead driver in rage after having his wife unconscious. What is the charge?

James L. Arrasmith
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answered on Nov 28, 2023

This would likely not be considered murder legally, due to the fact that the drunk driver was already deceased when the assault occurred. However, the assault could still potentially carry charges such as:

1) Abuse of a corpse: It is generally illegal to physically assault or mutilate a...
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1 Answer | Asked in Domestic Violence and Criminal Law for New York on
Q: What do I do when the authorities have not arrested the man who committed a violent sexual assault against me?

I have proof of the assault and a witness

James L. Arrasmith
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answered on Nov 23, 2023

In a situation where you are a victim of a violent sexual assault and the authorities have not yet made an arrest, despite having proof and a witness, it's crucial to take specific steps. First, ensure that you have reported the assault to the police if you haven't already. Provide them... View More

1 Answer | Asked in Criminal Law for New York on
Q: I signed apreindited form I have been held in county jail since of 2023 still here but haven't been indited on anything

Lawyer doesn't communicate with me

James L. Arrasmith
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answered on Nov 17, 2023

If you've been in county jail since early 2023 without an indictment, it's important to understand your rights and the legal process. Generally, the prosecution has a specific timeframe to bring an indictment after an arrest. This period varies by jurisdiction. If this timeframe has... View More

1 Answer | Asked in Criminal Law for New York on
Q: If I tell a suspected drug dealer that undercover cops are investigating him am I interfering with a police investigati

I got pulled over after buying drugs from a drug dealer the detective wanted me to do a controlled buy I refused and said I won’t do it and I’m going to tell the drug dealer your watching him. The detective then said I could be charged with interfering with a police investigation. Is that true... View More

James L. Arrasmith
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answered on Nov 17, 2023

In New York, informing a suspected drug dealer about an ongoing police investigation can indeed lead to charges of obstructing governmental administration or other similar offenses. This is because such an action can potentially hinder the investigation's effectiveness or safety.... View More

1 Answer | Asked in Criminal Law for New York on
Q: Can the same evidence be used if the case was dismissed and could It be the same charge

G~morning.....I look toward 2 our talks......it's nice 2 talk civil and not have 2 worry bout saying something wrong.......I hope what ur boy i

tell them I'm a compass 3 parolee....I was given 15 months for absconding n curfew....also they charge me as non technical....... But I... View More

James L. Arrasmith
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answered on Nov 17, 2023

In New York, if a criminal case is dismissed, it's possible for the same evidence to be used if the case is refiled, depending on the circumstances of the dismissal. For example, if the case was dismissed without prejudice, the prosecution may be able to bring the same charges again using the... View More

1 Answer | Asked in Personal Injury and Criminal Law for New York on
Q: Hello , a woman was tailgating me and honking for couples blocks I stopped my car talk to her and come back to my car

She came to me and hit me in my face while I’m in my car and everything was recorded I have Dashcam so I push her back as defense of self , she falls on ground she seems drunk , we both get arrested what should I do? For me I have never been arrested before I wondering if I’m I in trouble or... View More

James L. Arrasmith
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answered on Nov 12, 2023

In New York, if you've been arrested following a confrontation where self-defense was involved, it's important to secure legal representation. The presence of a dashcam recording can be significant in demonstrating the events that led to the altercation. In terms of criminal proceedings,... View More

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