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New York Criminal Law Questions & Answers
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

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

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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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?

Tim Akpinar
Tim Akpinar
answered on Nov 30, 2023

I can only speak for the civil, car accident-related attributes of the scenario. The criminal law attorneys here would have the strongest insight into how the matter would be handled by the district attorney's office. But from a general evidentiary standpoint, it seems likely that the DA will... View More

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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: 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

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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 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: 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 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

2 Answers | Asked in Criminal Law for New York on
Q: I got severe a warrant for gun possession and it was a gun clip how do that work
T. Augustus Claus
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answered on Nov 10, 2023

it is illegal to possess a gun clip that can hold more than ten rounds of ammunition. This law applies to both loaded and unloaded gun clips.

If you are caught with a gun clip that can hold more than ten rounds of ammunition in New York, you could be charged with a felony....
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2 Answers | Asked in Criminal Law for New York on
Q: I got severe a warrant for gun possession and it was a gun clip how do that work
James L. Arrasmith
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answered on Nov 12, 2023

In New York, gun laws are particularly strict, and this extends to components of firearms, such as gun clips or magazines. If you received a warrant for gun possession related to a gun clip, it's likely because the law encompasses not just the firearm itself but also certain parts or... View More

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2 Answers | Asked in Criminal Law for New York on
Q: My step son was served a warrant for possession of gun and no gun was or on his persons, what do I do, new york state
James L. Arrasmith
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answered on Nov 9, 2023

If your stepson has been served with a warrant for gun possession in New York State, it's critical to consult with an attorney who has experience in criminal defense. You should not discuss the details of the case with anyone but legal counsel to protect your stepson's rights. An attorney... View More

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1 Answer | Asked in Criminal Law for New York on
Q: Was arrest unlawful if cops didn't tell me I had a felony warrant on 3 previous contacts ?

I have a traffic stop (spending ticket) wellness check and cops didn't tell me I had a felony warrant. It was signed in August and I was arrested in November. Was it unlawful?

James L. Arrasmith
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answered on Nov 8, 2023

The legality of the arrest itself would not typically be determined by whether or not the police informed you of the warrant during previous encounters. As long as the warrant was valid and active at the time of your arrest, the arrest is generally lawful. Police are not required to inform you of a... View More

1 Answer | Asked in Criminal Law, Employment Law and Real Estate Law for New York on
Q: I have a sealed expunged felony conviction in ohio, but want to obtain my NYS RE License. Do I have to disclose?

I have a class e felony conviction in the state of Ohio from 15 years ago. The judge ordered a restoration of all rights, and sealed/expunged my record after serving probation. I want to obtain my NYS Real Estate license, and it is an automatic disqualification if convicted of a felony, but do I... View More

James L. Arrasmith
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answered on Nov 4, 2023

When applying for a New York State Real Estate License, you are required to disclose all prior convictions, even if they have been sealed or expunged.

New York State does not recognize the expungement or sealing of convictions from other states in the same way. It's important to...
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1 Answer | Asked in Criminal Law and Civil Rights for New York on
Q: 1) Can law enforcement use infrared surveillance inside your whole house?2) Can they make annoying noises inside

Your house, especially when they know you are sensitive to noises?

James L. Arrasmith
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answered on Nov 4, 2023

Law enforcement use of infrared surveillance is subject to legal constraints, including requirements for a warrant in many circumstances. The U.S. Supreme Court has held that thermal imaging of a home to detect relative amounts of heat, without a warrant, can constitute a search in violation of the... View More

1 Answer | Asked in Criminal Law and Civil Rights for New York on
Q: What can I do regarding a misconduct involving the police assaulting me?
James L. Arrasmith
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answered on Nov 4, 2023

If you believe you were assaulted by the police, it’s important to document everything related to the incident, including medical reports, photographs of any injuries, and the names and badge numbers of the involved officers.

You should file a complaint with the police department’s...
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1 Answer | Asked in Criminal Law for New York on
Q: I was falsely accused of shoplifting searched then verbally told I was trespassed can I fight that
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answered on Nov 4, 2023

If you believe you have been falsely accused and wrongfully trespassed from a property, you have the right to defend yourself against these accusations. You may want to gather any evidence or witness statements that support your account of events. It would be advisable to consult with a lawyer who... View More

1 Answer | Asked in Criminal Law for New York on
Q: How can I get a criminal probono lawyer in NYC
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answered on Nov 4, 2023

To find a pro bono criminal lawyer in NYC, you can reach out to the Legal Aid Society, which provides free legal services to qualifying individuals. Additionally, the New York State Bar Association offers a pro bono resource center that can connect you with volunteer lawyers based on your case and... View More

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for New York on
Q: How many retrials can a D.A. do in New York State?

My son’s 1st trial had 1 juror substituted during prosecution’s case. A 2nd juror needed to be substituted during deliberations,giving my son His 1st mistrial. Second mistrial happened when a juror had an “out of state family emergency” during deliberations and after the only alternate... View More

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answered on Nov 4, 2023

In New York State, there is no statutory limit to the number of retrials the District Attorney can initiate after mistrials if the court has not barred retrial due to a finding of prosecutorial misconduct or a violation of the defendant’s rights. Each mistrial resets the process, and the... View More

2 Answers | Asked in Criminal Law for New York on
Q: Can I own an air powered gun, like a paintball gun solely for in home protection in NYC?

I am able to own a firearm, but choose not to because I live in an apartment building with close neighbors.

T. Augustus Claus
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answered on Oct 30, 2023

New York City Administrative Code § 10-131 prohibits the possession of air pistols, air rifles, and other air guns in New York City without a license. The only exception is for licensed operators of amusement parks or pistol ranges.

Unfortunately, due to the nature of internet questions,...
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