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New York Criminal Law Questions & Answers
1 Answer | Asked in Civil Rights, Criminal Law and Domestic Violence for New York on
Q: False police report - Fake domestic violence report - Attorney Referral

A false police report was made by my family members and the NYPD arrested me based on that FALSE/FAKE police report. Now, I need a lawyer that can help me file lawsuits for False police report, wrongful arrest, financial harm, destruction of reputation, mental stress & conspiracy. Thanks.

James Avery
James Avery answered on Apr 2, 2020

Do you have proof that the police KNEW the report was false and DELIBERATELY arrested you without evidence? How many years in jail did you spend as a result?

2 Answers | Asked in Federal Crimes and Criminal Law for New York on
Q: Ok so I have a question . My father back in November gave me permission to use his credit card for several things.

I even have this as proof in texts from him. Now months later after a fight he's trying to say I committed fraud. If I have the texts as proof that he willingly gave permission , then I'm in the clear , correct ?

Howard E. Knispel
Howard E. Knispel answered on Mar 12, 2020

First of all, this is not a Family Law question. it is a Criminal Law question. As for whether you are "in the clear", that depends. If you used his card with his permission, as he dictated, then you may have a defense. No one but your attorney, who would review the facts, can make a definitive... Read more »

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1 Answer | Asked in Criminal Law and Family Law for New York on
Q: If the name is not correct on a stay away order in the state of new york is it still valid
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Mar 2, 2020

It is but I would contact the court that issued the order and have the name corrected ASAP.

1 Answer | Asked in Criminal Law for New York on
Q: How do you get a record of “no record” from an arrest that was dismissed? In New York City specifically.

Arrest happened 8 years ago and all supporting documents are missing. The case ended up getting an adjournment in contemplation of a dismissal and was dismissed and sealed. I need a court certified record that it either was dismissed or that no record exists.

Daniel A. Johnston
Daniel A. Johnston answered on Mar 2, 2020

Go to the criminal clerk in the courthouse where the case was located. Request a Certificate of Disposition. They should be able to find it with your name and date of birth; and, if not, they'll give you a "no records" certificate. Should cost you between $5 - $15.

1 Answer | Asked in Criminal Law for New York on
Q: I Need help to expunge a UNFOUNDED C.P.S. case
Michael Arbeit
Michael Arbeit answered on Feb 25, 2020

If the matter was "unfounded", it should be sealed.

1 Answer | Asked in Criminal Law and Traffic Tickets for New York on
Q: I recently got a summons and I lost it and I can't figure out when/where is my court date. I cant find it online either.

. I recently got a summons and I lost it and I can't figure out when/where is my court date because I can't find my summons number. I was wondering if you guys can please help me find when is my court date and at what time. The summons was for a suspended license and registration (I think)

Zev Goldstein
Zev Goldstein answered on Feb 16, 2020

Where in NYS where you when you got the tickets?

1 Answer | Asked in Criminal Law and Immigration Law for New York on
Q: How to come back to USA?

Hello,

Many years ago I fled USA while on bail with felony charges. I still have a valid us passport. After many years quietly living on another side of globe I was told that my felony case was disposed and all my property was given to my relatives and I’m dead to anyone. Thats why my... Read more »

Kevin L Dixler
Kevin L Dixler answered on Feb 16, 2020

The information above is vague, but you can no longer pretend if you want to return to the U.S. Hasn't your passport expired? Why was the felony case "disposed?" Did your family present a death certificate to your attorney, who presented it to the prosecutors? Did they present the certified... Read more »

1 Answer | Asked in Criminal Law for New York on
Q: I like to know what do this mean. OFFICE MISCELLANEOUS No Type Test, People Cert Comp Filed/ready Bail cont

This is for New York

Daniel A. Johnston
Daniel A. Johnston answered on Feb 15, 2020

It means the people provided their certificate of compliance under the new discovery laws and are ready for trial. Your bail was continued from the prior date (remains the same).

2 Answers | Asked in Criminal Law, Estate Planning, Banking and Probate for New York on
Q: Is it illegal for my Dad's Girlfriend of 13 years to use his ATM card after he dies? What law makes this illegal in NY?

My father was declared brain dead on Jan 9th, and passed away on Jan 24th. His girlfriend has made 2 withdrawals using ATM, one of which weeks after death. The DA said that it's not illegal if he gave her permission; but, how can he give permission if dead? They are not married. He died intestate,... Read more »

Elaine Shay
Elaine Shay answered on Feb 13, 2020

Regardless of whether you are able to convince the DA to take action, the Estate can commence civil litigation to recover any funds wrongfully withdrawn.

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1 Answer | Asked in Criminal Law for New York on
Q: If the state cannot find my arrest and conviction records

If the state cannot find my arrest and conviction records for what ever reason like lost or destroyed and have no backup can I challenge same and prevail

Brent J Huff
Brent J Huff answered on Feb 12, 2020

It depends. The first thing to do is to request your criminal history from the Utah Bureau of Criminal Identification.

You can do so here: https://bci.utah.gov/criminal-records/

If there is nothing on it, then if someone requests your state criminal history, such as an employer,...
Read more »

1 Answer | Asked in Criminal Law for New York on
Q: Is it illegal to carry a bb pistol around on your person in upstate New York?
Daniel A. Johnston
Daniel A. Johnston answered on Feb 8, 2020

Typically no. But if you use it to harm or threaten someone it can be unlawful possession as an "imitation pistol" (in addition to charges related to the threat/harm). You also can't have it on school grounds or certain other properties. If you're carrying it openly and causing a scene you can... Read more »

1 Answer | Asked in Criminal Law, Employment Law, Civil Litigation and Civil Rights for New York on
Q: Will I be criminally charged?? What to do? Please help!!

I work as a cashier in a pharmacy, last week I had LP investigating me for theft and lost prevention.

Long story short, I used my non discount card for customers which accumulated coupons that I used for personal purchases. The amount estimated was $100. In my statement, I admitted the... Read more »

V. Jonas Urba
V. Jonas Urba answered on Feb 6, 2020

An employment lawyer would carefully review your employee handbook before advising you. This could be completed remotely. You would call and discuss more details, you and the lawyer would agree to a flat fee for such review and legal advice regarding options, and everything including payment and... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and DUI / DWI for New York on
Q: I was recently charged with a DWI. Breathalyzer concluded that my BAC was 0.03, I was then brought to the police HQ .

When I was brought back to the police headquarters the officer instructed me to look at the wall. NOTE: I was not given a clear and unequivocal warning that a chemical test was being performed and the consequences of not performing the test.

With that said, I replied to him, "look at the... Read more »

Michael Arbeit
Michael Arbeit answered on Feb 4, 2020

When did the arrest happen and where? Did you go to the Refusal hearing? You need to retain an experienced criminal defense attorney for proper representation.

1 Answer | Asked in Criminal Law and Family Law for New York on
Q: roommate stole my dog, then filed restraining order so that I can’t get my dog back? I have proof of all docs/ownership

I have certificate of ownership receipts of purchase emotional support animal Letter, vet bills only my name on it. My sick roommate asked me to date her I been refusing, I was sexually and physically assaulted so I left for a week out of state when I came back she stole my dog. And demanded I... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Feb 2, 2020

If she is out of state and you are out of state, the only way go get the dog back is to go to court in the state she now lives in.

1 Answer | Asked in Criminal Law and Federal Crimes for New York on
Q: What can the outcome be for a "Petit Larceny" charge when it is my first EVER offense?

I was stopped at the door and they asked me to hand everything over, which I did, and I complied with what both the store workers asked of me and the police officers asked me, as I do not remember what I attempted to steal due to the fact that I was in a manic impulsive episode and I had blacked... Read more »

Daniel A. Johnston
Daniel A. Johnston answered on Jan 25, 2020

If you don't have the money for a lawyer, ask the Court for Legal Aid to be assigned.

If you have no record, the most likely outcome (depending on what county you're in/who the DA is/who the judge is) would be an adjournment in contemplation of dismissal (stay out of trouble for 6 months...
Read more »

1 Answer | Asked in Criminal Law for New York on
Q: If you have a Warrant for your arrest can the cops bulld a case on you knowing that or are the suppose to bring you in
Michael D. Litman
Michael D. Litman answered on Jan 23, 2020

The police will put together all evidence on the case, regardless of a warrant being issued or not.

1 Answer | Asked in Civil Litigation and Criminal Law for New York on
Q: I am Italian but I have a curiosity about American law

I am Italian but I have a curiosity about American law: In Italy, when someone is the person damaged by the crime who intends to assert his claim for compensation or restitution before the criminal judge, he becomes a civil party. How does it work in America?

Tim Akpinar
Tim Akpinar answered on Jan 15, 2020

Your question bridges two areas of practice under U.S. law. You ask about restitution. That is a remedy provided for under criminal law, where the criminal must pay the victim for losses they caused (medical expenses, lost wages, property losses, and others). There are also crime victim... Read more »

1 Answer | Asked in Criminal Law and Juvenile Law for New York on
Q: My 14 yr old had a fight with another 14 yr old off school grounds. My child was the 1st to hit. Can my child be charged

With a crime.

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jan 15, 2020

If there was an injury to the other child, even a small one, the answer is yes he can.

1 Answer | Asked in Libel & Slander, Criminal Law, Family Law and Civil Rights for New York on
Q: Can an ACS caseworker be sued as an individual for slander/defamation? I have proof that she lied in her report

After receiving a copy of the SCR report I discovered that the caseworker, her supervisor and unit manager all lied in their reports as well as excluded documents that provided proof that there was no neglect, yet my case was still "indicated". I have proof. Are they still covered by immunity?

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jan 1, 2020

If they were acting in their capacity at DSS it is unlikely that you can sue.

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