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New York Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law, Personal Injury, Civil Rights and Elder Law for New York on
Q: How to defend myself against a TRESPASSING CHARGE-WHEN I WAS LOOKING FOR THE REBARB I HAD PAID FOR IN 2010-AND IT'S GONE

He is also blatantly hacking me with his fancy Apple smartwatch and his iPhone through Bluetooth which I do not even have enabled! He wants my property and we've been disputing this for years! The local judge was probably paid off by him & I'm going to have a heart attack I swear

James L. Arrasmith
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answered on Feb 24, 2024

Firstly, it's essential to remain calm and composed despite the distressing situation. When defending yourself against a trespassing charge, focus on presenting evidence to support your claim that you were on the property to retrieve rebar you had previously purchased. Gather any documentation... View More

1 Answer | Asked in Criminal Law for New York on
Q: Trying to find out what these specific arrest charges are

Back in 1965 my mother was arrested (she ran away and her mom had her arrested) in Nassau county NY (east meadow correction facility). She recently found out it’s still showing on her record all these years later and received a code for the charges. She contacted the NCPD who didn’t know what... View More

James L. Arrasmith
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answered on Feb 23, 2024

It seems like you're facing challenges in identifying the specific charges from your mother's arrest back in 1965. The code "913-a-6-ccp" provided might be specific to the Nassau County, NY, legal system. However, it appears that neither the NCPD nor the Mineola courts have been... View More

2 Answers | Asked in Criminal Law and Municipal Law for New York on
Q: What if they are is an investigation car parked somewhat outside of your house what would that indicate?
James L. Arrasmith
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answered on Jan 29, 2024

If you notice an investigation car parked outside your house, it could indicate several possibilities. It may mean that law enforcement is conducting surveillance or an investigation in the vicinity, which could involve your property or a neighboring area.

It's important to remember...
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1 Answer | Asked in Criminal Law, Federal Crimes, Internet Law and Sexual Harassment for New York on
Q: Could a person be charged if they DM someone an onlyfans link on instagram/facebook without knowing if they are a minor?

Onlyfans makes every user that signs up agree that they are 18 or older before they are able to view/buy any explicit content, but only asks content creators for an ID. If a person DMs an onlyfans link to their followers, could they be charged if the recipient happens to be a minor?

James L. Arrasmith
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answered on Jan 21, 2024

In situations where a person sends an OnlyFans link to someone on Instagram or Facebook without knowing the recipient's age, potential legal issues could arise. While OnlyFans requires users to confirm that they are 18 or older, it is not foolproof, and minors could potentially create accounts... View More

1 Answer | Asked in Business Law, Consumer Law, Criminal Law and Federal Crimes for New York on
Q: Is it illegal to create a crypto token, create a liquidity pool, immediately remove liquidity &/or sell your own supply

Token has no use, other than its name and icon there is no details given about it or its tokenomics (total amount of tokens or release schedule). There's no promoting, advertising or marketing for the token, The creator doesn't tell anybody about the token. The tokens the creator sells... View More

James L. Arrasmith
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answered on Jan 16, 2024

Based on the details provided, there is likely no outright illegal activity here from a criminal law perspective. However, the token creator would still have some civil liability risks related to securities regulations and anti-fraud laws. A few key points:

- Simply creating and selling...
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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 and Civil Rights for New York on
Q: I was caught shoplifting at Sephora with my friend. Do i need to pay the $500 fine?

I was caught shoplifting at Sephora with my friend. We were arrested. My friend and I did community service hours instead of going to court and our case got closed and dismissed. We still got a letter in the mail, a fine of $500 from Sephora. Do my friend and I have to pay for it? We don’t have... View More

James L. Arrasmith
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answered on Jan 13, 2024

If you received a letter demanding payment of a fine from Sephora after your criminal case was closed and dismissed, this is likely a civil demand. Retailers like Sephora can issue civil demands to shoplifters, separate from any criminal charges, seeking compensation for their losses and additional... View More

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1 Answer | Asked in Criminal Law for New York on
Q: They had 10 days to execute the warrant they came 10 days and 3:50 hours later is they warrant still valid
T. Augustus Claus
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answered on Jan 11, 2024

In New York, the validity of a warrant is contingent on compliance with the specified time frame for execution. If law enforcement executed a warrant more than 10 days after its issuance, it may be considered invalid. The timely execution of a warrant is a crucial element to ensure that law... View More

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

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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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

Jonathan (Gianni) Karmily
Jonathan (Gianni) Karmily
answered on Jan 18, 2024

He is certainly prohibited from telling law enforcement. Once you consulted with the lawyer, whatever you told him is confidential (except for a few narrow exceptions) and the attorney/client privilege will attach in the event criminal charges are filed.

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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.

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jan 11, 2024

So sorry to hear what happened to your daughter. If you haven't already, report the matter to the school's principal / assistant principal. You might even consider reporting the matter to the police depending on the severity of your daughter's injuries. Whether the school is... View More

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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 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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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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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

James L. Arrasmith
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answered on Dec 22, 2023

If you've been a victim of assault and were treated in the ER, signing a HIPAA waiver form to assist in prosecuting the defendant can be an important step in the legal process. However, it's understandable to have concerns about privacy and the use of your medical information.

The...
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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: 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

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