Lawyers, Answer Questions  & Get Points Log In
New York Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for New York on
Q: If convicted of a misdemeanor in NYS in 2016, when would the conviction no longer appear in criminal background check?

Convicted of misdemeanor (NYS PL 260.10.01). Certificate of Disposition May, 2016. Have not been in trouble since.

Michael Arbeit
Michael Arbeit answered on Jan 14, 2022

Unfortunately, this misdemeanor conviction will appear on any background check. You may be eligible to have this conviction sealed pursuant to CPL Section 160.59 10 years after the sentence date (provided you qualify).

1 Answer | Asked in Criminal Law for New York on
Q: my public defender ignored my request for speedy trial twice. Is this grounds for motion to dismiss?
Stuart Austin
Stuart Austin answered on Jan 6, 2022

No. There are certain decisions that an attorney can make for his client. One of them relates to consenting to time to prepare for trial. This is not grounds for a motion to dismiss. It may be a reason to seek alternative counsel however. You should be able to make your request to the judge.

1 Answer | Asked in Traffic Tickets and Criminal Law for New York on
Q: I was stopped in September 2020 for an expired inspection sticker I was arrested afterwards for suspended license

Government cumo said there was a government order that police could not stop or ticket for expired inspection stickers until November 3rd 2020 was this an illegal stop

Howard E. Knispel
Howard E. Knispel answered on Dec 15, 2021

If your inspection sticker expired after March 31, 2020, you had until 12/1/2020 to get your inspection. But you needed to go to court to fight it. You could try to reopen the case. Contact a local attorney.

2 Answers | Asked in Criminal Law for New York on
Q: Hello my 18 year old son and his friends were walking around kings park abandoned buildings and got a ticket trespassing

What is the fine

Stuart Austin
Stuart Austin answered on Nov 16, 2021

The fine is not as important as the fact that the charge is either a misdemeanor (a crime) or a violation. Both of which can affect things like financial aid, immigration status or even a job application or interview. The level of crime or violation will depend on whether the trespass occurred in... Read more »

View More Answers

1 Answer | Asked in Criminal Law, Personal Injury, Civil Litigation and Civil Rights for New York on
Q: Can i sue if for excessive force if i get an acd or do i need a straight dismissal

I went to pick up an order of protection that was on me the sheriff told me i had to fo to a beooklyn precint and handed me the oop i then told him i spoke with an officer the day of the occurrence he slammed his handcuffs on me causing me to bleed i told him he hurt me and he squeezed harder on... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik answered on Nov 8, 2021

You can sue the police officer for excessive force regardless of whether the criminal complaint against you is dismissed or adjourned in contemplation of dismissal. One has nothing to do with the other. Here's an article I found online which you might find useful.... Read more »

1 Answer | Asked in Estate Planning, Criminal Law and Identity Theft for New York on
Q: I have an irrevocable trust for my grandchildren. Their father stole 300,000$ from my savings and 73,000 from Met Life.

He left me w35$. Can I change the irrevocable trust and sell my home? Since I can prove fraud, identity theft, elder abuse. I owe109,000 on my mortgage can I get a home equity loan on a 6 family ? I need money for legal fees and dental work.

Michael David Siegel
Michael David Siegel answered on Oct 26, 2021

The terms of the trust will govern a lot of it. If the trust has provisions for your lifetime care, you can ultimately petition the court.

1 Answer | Asked in Criminal Law for New York on
Q: I’ve been on probation for over a year and I have not reported to probation in over a year

In the process I have another charge which was possession of marijuana I would like to turn myself in but I don’t know what the ramifications will be while I have been working and keep myself busy and out of trouble any suggestions I would like to put this behind me so that I can move on and be... Read more »

Kimberly A. Van Wormer
Kimberly A. Van Wormer answered on Oct 12, 2021

If you are on probation, have not been to probation in over a year, and have a new charge, it is highly recommended that you hire an attorney.

1 Answer | Asked in Criminal Law, Federal Crimes, Military Law and Municipal Law for New York on
Q: I am active duty station at Fort Drum. Do I have to report to jusry duty in Mississippi?

I am active duty Army station at Fort Drum, New York. My residence is back in Carriere, MS on the Hancock County side. Is there any exemptment for soldiers stationed away from home? If so, what will I need to do to let the court know?

Tim Akpinar
Tim Akpinar answered on Oct 9, 2021

There are military law attorneys on this forum who have experience with such matters, and they could answer best. But your post remains open for a day, and it is probably best to take some form of action without further delay. You could show the notice to your commanding officer and request their... Read more »

1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for New York on
Q: What can I do if my neighbor keeps threatening us by killing or shooting us? He harasses us all the time.

We've owned our property for 37 years and he wants us to leave so he can put an Airbnb on our property. Someone needs to help us.

Kimberly A. Van Wormer
Kimberly A. Van Wormer answered on Oct 4, 2021

You can call the police and make a complaint.

1 Answer | Asked in Criminal Law for New York on
Q: how do attys find info on people when the common sites for people finders fail?
Tim Akpinar
Tim Akpinar answered on Sep 24, 2021

They sometimes hire investigators. Some of the full-service process service companies also handle these types of functions. They can use court records, social media, vehicle registration records, property ownership records and other resources. Good luck

Tim Akpinar

1 Answer | Asked in Criminal Law, Landlord - Tenant and Libel & Slander for New York on
Q: I believe the location where I have been staying at is mixing the bathing water with sewer water or feces...options?

I've been staying there for 9 months my whole body smells like the stuff I've seen four dermatologists and they've said nothing is wrong. I believe it may be some form of secret society group at work. Idk if I go to police if I will be taken seriously.

Stuart Austin
Stuart Austin answered on Sep 1, 2021

I think the best way to be taken seriously and to either prove or disprove your point is to take a video of someone collecting a sample of the water and then sealing and sending that sample for testing to a lab.

Good Luck

1 Answer | Asked in Criminal Law for New York on
Q: How can a NYPD arrest charge 50 years old be dismissed be expunged / sealed?

Forgery

Michael Arbeit
Michael Arbeit answered on Aug 24, 2021

Were you convicted of a crime? Call me to discuss further. (516) 766-1878. -Mike

1 Answer | Asked in Criminal Law for New York on
Q: Good afternoon can you tell me what this law means arrantO.C.G.A. 40-8-7 (2010) 40-8-7. Driving unsafe or improperly
Toshinori Isoai
Toshinori Isoai answered on Aug 18, 2021

The law does not appear to be a NY law. It will be a out of state or foreign regulation/code associated with equipment violations.

1 Answer | Asked in Criminal Law for New York on
Q: My sister got caught shoplifting an item from JCPENNY (NY) $60. She doesn’t live in the USA & is a minor.

Your Question:edit text

My sister got caught shoplifting an item from JCPENNY (NY) $60. I got called to pick her up. She is not from The USA she was here on vacation. Item was recovered. They gave me a copy civil demand letter and a trespass letter saying she can only come with an adult.... Read more »

Brian Berkowitz
Brian Berkowitz answered on Aug 4, 2021

Thank you for your question. Regardless of your sister's age, the fact that she is accused of committing a crime can be problematic, especially if she is not a U.S. Citizen. While these forums are good for general inquiries, the best advice I can give you is to speak with an attorney who is... Read more »

2 Answers | Asked in Criminal Law for New York on
Q: , how can I change an independent attorney that is NOT serving him/her

I have a case in criminal court,it's been in court since January 2019, the ADA has NOT been ready at any of my proceedings and my independent attorney is NOT acting with MY BEST INTEREST. WANT TO CHANGE ATTORNEYS, HOW AND WHAT DO I DO?

Stuart Austin
Stuart Austin answered on Jul 28, 2021

I am not sure what you mean by an independent attorney. If you have retained him, you may simply fire him and hire a new attorney. You should be able to recover the unused portion of your retainer fee if there is one. If your attorney was assigned by the court, you will need to document the... Read more »

View More Answers

1 Answer | Asked in Criminal Law, Personal Injury, Real Estate Law and Federal Crimes for New York on
Q: How can I file a suit on tom aini and the hornell police sheriff's dept state police and the city hall brian schu lawyer

I have evidence in drug activity corruption harassment sexual harassment I all listed above and a few other officials in the city

Jonathan R. Ratchik
Jonathan R. Ratchik answered on Jul 28, 2021

If you wish to report corruption involving local and state elected officials, you should report the matter to the Office of the Comptroller, https://www.osc.state.ny.us/investigations , which is charged with fighting corruption. You do not have legal standing to file suit on such matters. As for... Read more »

1 Answer | Asked in Criminal Law for New York on
Q: Can you help me to get back my bitcoin from scammer?

Hello,

I invested bitcoin in the TCPRO Company. They promised to return my funds after 45 days. But, they are scammers and blocked me on Telegram. Their website is tcpro.co and the address is New York based on the website.

Can you help me to get back my funds?

Regards,

Luigi Vigliotti
Luigi Vigliotti answered on Jul 28, 2021

You should contact law enforcement to report this crime. Most attorneys that are on this forum that practice criminal law are defense lawyers. In other words, we represent those charged with crimes. Since you appear to be the victim of a crime, you should contact law enforcement. If the... Read more »

1 Answer | Asked in Criminal Law for New York on
Q: I RECIEVED A APPEARANCE TICKET FOR CPW 4TH 265.01.01 FOR A BILLY CLUB WOODEN STICK FOUND IN CAR. WILL I BE REMANDED OR R

2 TIME PREVIOUS CONVICTED FELON. WILL THIS CHARGE BR BUMPED UP TO A D FELONY BECAUSE OF PRIOR CONVICTIONS? WILL I BE REMANDED OR REQUIRE A BAIL

Luigi Vigliotti
Luigi Vigliotti answered on Jul 28, 2021

You ask a good question. Because of your previous conviction, it may very well be upgraded to a felony under PL 265.02(1), CPW 3rd Degree, a class D felony. As to whether bail will be set or whether you will be remanded, I don't believe this is a bail qualifying offense even when upgraded.... Read more »

1 Answer | Asked in Criminal Law for New York on
Q: Question about ACD for petit larceny

I received an ACD for petit larceny back around the end of 2019 / beginning of 2020. Along with the usual "don't get arrested again" bit, part of the deal was to complete 20 hours of community service but for reasons including the unexpected arrival of the pandemic, I was unable to... Read more »

Brian Berkowitz
Brian Berkowitz answered on Jul 16, 2021

Thank you for your question. This is not something you want to have hanging over your head and if possible, you should reach out to the attorney who originally handled your case to see what, if anything they can do to help you and answer your questions. If you are unable or unwilling to contact... Read more »

1 Answer | Asked in Criminal Law for New York on
Q: Is it possible to get charges dropped even before arrest is made?

I filed a police report when he broke 2 of my car windows that night when I broke up with him. I told him that I wanted to return the car to him, since he gave me that car just a few months ago (he used to own that same car) and I told him that night of the incident. I didn't know what to do... Read more »

Michael Arbeit
Michael Arbeit answered on Jun 20, 2021

At this point, it may not be possible to avoid an arrest. But, if you do not want to move forward, you have no obligation to speak with the prosecutor or sign any paperwork. If you do that, a lawyer that knows what they are doing Will get the matter dismissed. Your friend should consult with an... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.