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New York Criminal Law Questions & Answers
1 Answer | Asked in Employment Law, White Collar Crime, Consumer Law and Criminal Law for New York on
Q: Ex-employee stole money using company credit cards and took cash. Is manager responsible? What legal steps to take?

After an ex-employee resigned a couple of weeks ago, I discovered they were stealing from our hotel by using a different company's credit card to pay for guests' rooms while taking cash from those guests without anyone's knowledge. This was discovered through the ex-employee's... View More

Carmen "Jack" Giordano
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answered on May 13, 2025

You need to privately consult with an attorney about this. If you did not facilitate, conspire with or otherwise aid and abet the employee, you would not be criminally most importantly. Regarding your employment status and what you may be subject to given these criminal acts of your subordinate,... View More

1 Answer | Asked in Intellectual Property, White Collar Crime and Criminal Law for New York on
Q: Copyright claim pressure for Instagam video payment demand.

I'm receiving financial pressure regarding a video of a dog I posted on my Instagram page, which has 89k followers. A copyright filer contacted me via direct email demanding a payment (initially $1000, then discounted to $500) to remove the copyright claim, even though I've already... View More

Giselle Ayala Mateus
Giselle Ayala Mateus
answered on May 9, 2025

Yes, based on your description, this situation could potentially be considered an abuse of the Digital Millennium Copyright Act (DMCA) system—and in some cases, it might even approach the line of coercion or bad faith conduct, though calling it “extortion” has a specific legal threshold.... View More

1 Answer | Asked in Criminal Law for New York on
Q: Legal concerns about age difference in a non-sexual relationship in NY

I am about to turn 18 and my girlfriend is 14. We have a non-sexual relationship, but my family insists that I should break up with her. Should I be worried about any legal consequences due to our age difference in New York?

Michael S Pollok
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answered on May 6, 2025

Rape in the Second Degree, Penal Law section 130.30 states that rape is committed by a person:

1. being eighteen years old or more, he or she engages in vaginal sexual contact with another person less than fifteen years old;

2. being eighteen years old or more, he or she engages in...
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2 Answers | Asked in Criminal Law for New York on
Q: Arrested for third-degree assault; didn't touch alleged victim.

I was arrested in Brooklyn for assault in the third degree, but I never touched the person and I don't even know them. How should I proceed with this situation?

Michael S Pollok
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answered on May 6, 2025

You need a good lawyer and private investigator willing to do a thorough investigation and establish your defense. With cell phone technology and the prevalence of video surveillance cameras on every block in NYC, you can probably establish you were not at the location doing what was alleged at the... View More

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1 Answer | Asked in Criminal Law and Internet Law for New York on
Q: Is viewing z******** in New York illegal?

I accidentally viewed z******** content in New York out of curiosity and then became concerned about its legality. Will I potentially face any legal trouble for watching this content?

Jeremy Malcolm
Jeremy Malcolm
answered on Apr 26, 2025

I am an expert in paraphilias and the law, and a New York lawyer, so I am happy to help you with this question. Zoophilia content is illegal, but it is not criminalized to the same degree as child sexual abuse material. Merely possessing a zoophilia image or other obscene image (other than child... View More

2 Answers | Asked in Contracts and Criminal Law for New York on
Q: Question about alleged cosigning agreement regarding a cow in New York.

I've been informed that my sister and I allegedly cosigned for an agreement stating my father would give a cow to a lady. Neither my sister nor I recall this agreement, and it supposedly happened when I was between 12 and 16 years old. The lady claims my father should sell the cow and give her... View More

Tim Akpinar
Tim Akpinar
answered on Apr 10, 2025

The experienced contract law and business law attorneys here would know these types of settings best, but your question remains open for almost a week, and you probably don't want this to escalate into a headache. You could reach out to one of them to ask about your best immediate actions. A... View More

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2 Answers | Asked in Civil Rights and Criminal Law for New York on
Q: Can I retrieve belongings with police standby despite a no contact order?

I have a no contact order against me regarding my wife, issued a month ago, but all my essential belongings, including clothing, cooking items, blankets, my birth certificate, and banking info, are still at her place. The order prohibits me from going to the property, but I've been informed by... View More

Stephen Bilkis
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answered on Apr 5, 2025

I'm sorry to hear about your situation. In New York, if there is a valid no contact order (commonly referred to as an order of protection) issued by a court, you are prohibited from having any direct or indirect contact with the protected party, including going to their residence, even if it... View More

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2 Answers | Asked in Criminal Law for New York on
Q: Can I be charged as a bystander for encouraging a fight in NY?

I was a bystander during a fight where a girl is pressing charges against my friends. I knew the fight would happen and slightly encouraged one party by telling them to do it now or not at all. However, I did not participate in the fight. There was a rule against fighting, but it took some time... View More

Stephen Bilkis
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answered on Apr 4, 2025

In New York, it is possible for a bystander to face criminal charges if their conduct goes beyond passive observation and includes words or actions that encourage or provoke a fight. Even if you did not physically participate in the altercation, your statement urging one party to “do it now or... View More

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2 Answers | Asked in Criminal Law and Internet Law for New York on
Q: Is it illegal to access an ex's old iPhone still signed into their Apple ID without permission?

I have an old, deactivated iPhone left behind by my ex, which still has her Apple ID signed in. We have no contact, and I have not been granted permission to access the device. I recently found out she was cheating on me. Is it illegal to access this device under these circumstances?

Jeremy Malcolm
Jeremy Malcolm
answered on Apr 4, 2025

Yes, there are computer crime laws that prohibit a person from “Intentionally and without authorization or by exceeding valid authorization, access or cause access to be made to a computer program, computer, computer system, or computer network.” This could be used to lay charges against you... View More

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2 Answers | Asked in Criminal Law and Legal Malpractice for New York on
Q: Prosecutor requests excessive sentence for VOSR; is it lawful?

I was sentenced to two years of supervised release with a time-served sentence, avoiding imprisonment. The offense's maximum supervised release term was three years. Fifteen days before the end of my term, the prosecutor filed a Violation of Supervised Release, requesting six months of... View More

Stephen Bilkis
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answered on Apr 3, 2025

Your concerns are understandable, especially given the complexity of supervised release violations and the possibility of significant consequences even near the end of your term. Based on the details you've provided, your understanding of the sentencing provisions under 18 U.S.C. § 3583... View More

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2 Answers | Asked in Criminal Law and Gov & Administrative Law for New York on
Q: Can a criminal case be transferred to another court branch due to hearing delays in New York?

I am involved in a criminal case concerning my husband, related to assault. The current court branch has postponed the hearing because the judge is on leave due to an operation, and this branch is known for frequently resetting the majority of its hearings. Given that this is the first postponement... View More

Stephen Bilkis
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answered on Apr 1, 2025

I understand your concern about delays in your husband’s criminal case, especially given the impact that repeated postponements can have on defendants and their families. In New York, however, transferring a criminal case from one court branch to another due to scheduling concerns or judicial... View More

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3 Answers | Asked in Criminal Law for New York on
Q: Can prior undocumented crimes affect current charges?

If someone has committed crimes previously but wasn't caught until their recent offense, does this affect the severity of their charge? For instance, Peter was arrested for assaulting and robbing a pizza delivery man. He admitted to multiple similar crimes after being caught for causing severe... View More

Michael S Pollok
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answered on Mar 29, 2025

It depends on whether the admissions were taken in violation of his Miranda rights. I would need to know all the facts and circumstances of how he came to be interviewed and whether he was in custody and whether he waived his Miranda rights. But assuming the statements were legally taken, then of... View More

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3 Answers | Asked in Criminal Law for New York on
Q: Can prior undocumented crimes affect current charges?

If someone has committed crimes previously but wasn't caught until their recent offense, does this affect the severity of their charge? For instance, Peter was arrested for assaulting and robbing a pizza delivery man. He admitted to multiple similar crimes after being caught for causing severe... View More

Stephen Bilkis
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answered on Mar 31, 2025

This is an important question, especially when it involves serious felony charges. In New York, a person cannot be formally charged or sentenced for prior crimes unless those acts are separately prosecuted or admitted under oath during a court proceeding. However, prior undocumented or uncharged... View More

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3 Answers | Asked in Criminal Law and Personal Injury for New York on
Q: Is letting go in a hand wrestling game legally considered hitting someone in NY?

I asked someone to play a hand wrestling game with me in a public area, where I told them to hold their fist out so I could drag it to my side. During the game, I let go of their fist which resulted in them accidentally hitting their face, causing a black eye. They had consented to the game, but... View More

Stephen Bilkis
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answered on Mar 31, 2025

In New York, whether your actions amount to an unlawful physical act depends on several factors, including intent, consent, and the foreseeable consequences of your conduct. While the person consented to participate in the hand wrestling game, that consent does not automatically shield you from... View More

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2 Answers | 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

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3 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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1 Answer | Asked in Criminal Law and Juvenile Law for New York on
Q: Should I go to probation if a police officer tells me to, after being arrested at 17? (NY)

I am 17 years old and live in New York State. I was arrested for criminal trespass and conspiracy, and I have not been to court yet for this matter. A police officer has told me to go to probation. Should I comply with this order, even though I haven't received any court instructions yet?

Stephen Bilkis
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answered on Mar 12, 2025

I understand that this situation must be stressful, and it’s important to approach it carefully, especially since you are under 18 and facing criminal charges. In New York, there are specific procedures and rights for individuals, especially minors, who are involved in criminal matters, and... 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: 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

2 Answers | 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

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